Criminal Law Commons^™

Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed

Faculty Scholarship

This paper examines the involvement of feminists in approaches to sex work in the context of HIV/AIDS. The paper focuses on two moments where feminist disagreement produced results in favor of an "anti-trafficking" approach to addressing the vulnerability of sex workers in the context of HIV. The first is the UNAIDS Guidance Note on Sex Work and the second is the "anti-prostitution pledge" found in the Presidents Emergency Plan for AIDS Relief. This article also examines the anti-sex work position articulated by abolitionist feminists and demonstrates the unintended consequences of the abolitionist position on women's health. By examining the actual …

Codification, Macaulay And The Indian Penal Code [Book Review], Siyuan Chen

Research Collection Yong Pung How School Of Law

As noted (at vii) by the contributors to this book, the Indian Penal Code 1860 (Central Act 45 of 1860) (“IPC”), largely the work of Thomas Macaulay, “was the first codification of criminal law in the British Empire and is the longest serving code in the common law world.” Upon its enactment, the influential IPC was adopted in various British colonies, such as Singapore. The continuing use of legislation of such pedigree, however, brings about several problems. Any legislative inertia to update the statute from time to time will put the judiciary in a dilemma, whenever the latter is asked …

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Scholarly Works

No abstract provided.

Rethinking Self-Incrimination, Voluntariness, And Coercion, Through A Perspective Of Jewish Law And Legal Theory, Samuel J. Levine

Scholarly Works

No abstract provided.

Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum

Scholarly Works

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …

Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser

Scholarly Works

In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …

A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters

Articles by Maurer Faculty

Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …

The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein

Articles by Maurer Faculty

As this memorial volume illustrates, Fred Zacharias wrote insightfully on many aspects of the legal profession, covering a wide-range of ethical topics and analyzing many aspects of lawyers’ work. He was interested in the lives of lawyers and believed they owed a duty to society beyond an exclusive focus on individual clients’ interests.

This Article develops a question that intrigued Fred: Prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and …

Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little

Faculty Scholarship

No abstract provided.

Staying Out Of Court: Leadership Factors For Consideration As Higher Education Administrators, Steven R. Briggs

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Higher education leaders have a tremendous responsibility as it relates to legal concerns. This guidebook is intended to assist leaders in higher education by providing factors for which administrators serving in a student affairs or higher education leadership role should consider. This guidebook is designed to offer five recommendations for best practices. The guidebook will also review the 2007 rape and murder of a Eastern Michigan University student in demonstrating how leaders at this institution failed to follow these five factors of best practice and thus providing examples of negligence or tort liability, which has best been defined as civil …

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

This year we selected a small number of significant cases and amendments to Georgia criminal law on which to focus this Survey This narrower focus allows slightly more in-depth treatment within the space limitations and may be more useful, so we hope, to practicing trial lawyers in the ever-changing area of criminal law.

• PRETRIAL ISSUES
• OPEN COURTROOM
• VENUE
• AMENDMENTS IN RESPONSE To DECISIONS
• SENTENCING

Prolegomenon On The Status Of The Hopey, Changey Thing In American Criminal Justice, Frank O. Bowman Iii

Faculty Publications

This is an introductory essay to Volume 23, Number 2, of the FEDERAL SENTENCING REPORTER, which considers the state of American criminal justice policy in 2010, two years after the "Change" election of 2008. Part I of the essay paints a statistical picture of trends in federal criminal practice and sentencing over the last half-decade or so, with particular emphasis on sentence severity and the degree of regional and inter-judge sentencing disparity. The statistics suggest that the expectation that the 2005 Booker decision would produce a substantial increase in the exercise of judicial sentencing discretion and a progressive abandonment of …

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels

Faculty Scholarship

No abstract provided.

The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr.

Popular Media

Police forces tend to be among the most secretive and least accountable of all organizations. When pressed for accountability or sued for malfeasance, obfuscation and evasiveness are the typical response. The phenomenon is hardly limited to certain countries or societies–the unassailability of police organizations seems to be universal.–Michael H. Fox The serve-and-protect model of police motivation that was drummed into police corps across the country in the aftermath of the response to anti-war demonstrations in the sixties and seventies has been heavily encroached on by the control-and-suppress model.–J. Ackerman The best motto for a police officer is that sticks and …

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels

Faculty Scholarship

No abstract provided.

The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jury is a "much maligned" organ of the criminal justice system.' Regularly employed in only about half of the states and grudgingly tolerated in the federal system,2 the American grand jury for two centuries has been criticized as costly, ineffective, overly-compliant, and redundant. Prescriptions have ranged from reforms designed to improve the grand jury's performance of its traditional filtering and charging functions to the outright abolition of the grand jury. Consequently, much of the scholarly defense of the grand jury seemingly has done little more than attempt to justify its very existence.

This Article seeks to take the …

Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian

American University Law Review

No abstract provided.

Hope And Betrayal On Death Row, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.