Policymaking By The Japanese Judiciary In The Criminal Justice Field,
2010
University of Washington School of Law
Policymaking By The Japanese Judiciary In The Criminal Justice Field, Daniel H. Foote
Articles
When one speaks of policymaking by the judiciary, the image that often comes to tnind is the U.S. judiciary, especially the Supreme Court of the United States. That reaction is understandable. Examples abound of policymaking by courts in the United States; and a seemingly never-ending stream of books and articles discuss, analyze, and, depending on the authors'point of view, praise or decry "policymaking" or "judicial activism" by U.S. courts. The field of criminal justice frequently is offered as a prominent example of judicial policymaking in the United States. Expansion in due process protections and other rights for criminal suspects and …
A Post-Race Equal Protection?,
2010
University of Washington School of Law
A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones
Articles
No abstract provided.
Gimme Some More: Centering Gender And Inequality In Criminal Justice And Discretion Discourse,
2010
American University Washington College of Law
Gimme Some More: Centering Gender And Inequality In Criminal Justice And Discretion Discourse, Shaun Ossei-Owusu
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?,
2010
Campbell University School of Law
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce
Campbell Law Review
Although there is little dispute that the mail fraud statute has become a valuable part of a federal prosecutor's arsenal, for years legal scholars have debated the extent to which the mail fraud statute should be used to prosecute corrupt state and local officials. In recent years, largely in response to the large number of high profile honest services fraud prosecutions, even members of the mainstream news media are beginning to seek guidance regarding the definition of honest services mail fraud. As noted by Professor George Brown, though the controversy over whether the national government should be responsible for prosecuting …
Cell Phone - A "Weapon" Of Mass Discretion,
2010
Campbell University School of Law
Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis
Campbell Law Review
Initially, this Comment will discuss the development of the search incident to arrest exception from the warrant requirement and how this exception has been generally defined and judicially interpreted. The next section will include a discussion of how the search incident to arrest exception has been applied to searches of the content stored within pagers. This Comment will then explain how modern cell phones have created difficulties for courts applying the search incident to arrest exception, causing these courts to diverge down two different lines of reasoning, ultimately reaching opposite conclusions. Finally, this Comment will reiterate the necessity that the …
A Fall From Grace: United States V. W.R. Grace And The Need For Criminal Discovery Reform,
2010
Alexander Blewett III School of Law at the University of Montana
A Fall From Grace: United States V. W.R. Grace And The Need For Criminal Discovery Reform, Andrew King-Ries, Beth Brennan
Faculty Law Review Articles
This article examines several 2009 cases involving prosecutorial misconduct arising from the federal government's failure to live up to its criminal discovery obligations. The article focuses specifically on U.S. v. W.R. Grace, a Clean Air Act criminal case in Montana. The authors' analysis of Grace and other cases suggests that the absence of a clear, enforceable rule jeopardizes the government's ability to fairly prosecute its cases and supports amending Rule 16 to eliminate the gap between prosecutors' legal and ethical duties, and to require the pretrial disclosure of evidence favorable to the defendant.
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972,
2010
Osgoode Hall Law School of York University
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972, Prashan Ranasinhe
Osgoode Hall Law Journal
This article explores significant reforms to the vagrancy section of the Criminal Code during the mid-to-late twentieth century. By locating the reforms within their unique social, political, and economic climates, I examine how they reconceptualized the offence of vagrancy and concomitantly reconstructed the vagrant as a social problem. The reforms played a seminal role in reducing the number of vagrancy offences, eventually leading to the demise of vagrancy in the criminal law. Yet, while the "vagrant" ceased to exist in the law, the law still continues to preserve vestiges of the vagrant in a highly gendered manner.
Prevention And Complementarity In The International Criminal Court: A Positive Approach,
2010
American
University Washington College of Law
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts,
2010
American University Washington
College of Law
Updates From The International And Internationalized Criminal Courts, Anna Maitland, Shahroo Yazdani, Cyrena Khoury, Paul Rinefierd, Chris Valvardi, John Coleman
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts,
2010
American
University Washington College of Law
Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein
Human Rights Brief
No abstract provided.
Intimate Femicide: A Study Of Sentencing Trends For Men Who Kill Their Intimate Partners,
2010
Allard School of Law at the University of British Columbia
Intimate Femicide: A Study Of Sentencing Trends For Men Who Kill Their Intimate Partners, Isabel Grant
All Faculty Publications
This article examines sentencing trends over the past 18 years for men who kill their intimate partners. Using a sample of 252 cases, the article demonstrates that periods of parole ineligibility for second degree murder rose significantly after the Supreme Court of Canada’s decision in Shropshire but have more recently levelled off to a range that is still higher than the pre-Shropshire era. With respect to manslaughter, changing social attitudes and the amendments to the Criminal Code making the spousal nature of the crime an aggravating factor have resulted in increasingly severe sentences for spousal manslaughters. While a large number …
The Sexual Assault Of Intoxicated Women,
2010
Allard School of Law at the University of British Columbia
The Sexual Assault Of Intoxicated Women, Janine Benedet
All Faculty Publications
This article considers how the criminal law of sexual assault in Canada deals with cases of women who have been consuming intoxicants (e.g. alcohol and or drugs). In particular, it considers under what circumstances the doctrines of incapacity to consent and involuntariness have been applied to cases in which the complainant was impaired by alcohol or drugs. It also reflects on problems of proof in such cases. Finally, it examines whether the treatment of this class of complaints tells us anything about the law’s understanding of consent, and capacity to consent, more generally, in the context of competing social understandings …
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes,
2010
Ave Maria School of Law
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
American University Law Review
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial,
2010
Willamette University, College of Law
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Innocence Commissions And The Future Of Post-Conviction Review,
2010
Georgetown University Law Center
Innocence Commissions And The Future Of Post-Conviction Review, David Wolitz
Georgetown Law Faculty Publications and Other Works
In the fall of 2006, North Carolina became the first state to establish an innocence commission – a state institution with the power to review and investigate individual post-conviction claims of actual innocence. And on February 17, 2010, after spending seventeen years in prison for a murder he did not commit, Greg Taylor became the first person exonerated through the innocence commission process. This article argues that the innocence commission model pioneered by North Carolina has proven itself to be a major institutional improvement over conventional post-conviction review. The article explains why existing court-based procedures are inadequate to address collateral …
The Conscience Of A Prosecutor,
2010
Georgetown University Law Center
The Conscience Of A Prosecutor, David Luban
Georgetown Law Faculty Publications and Other Works
This essay, a version of the 2010 Tabor Lecture at Valparaiso Law School, examines issues about the role of a prosecutor in the adversary system through the lens of the following question: Should a prosecutor throw a case to avoid keeping men who he thinks are innocent in prison? This issue came to prominence in 2008, when Daniel Bibb, a New York City prosecutor, told newspaper reporters that he had done so in connection with a 1991 murder conviction that he had been assigned to reinvestigate after new evidence emerged that the wrong men had been convicted and were serving …
Why Care About Mass Incarceration?,
2010
Georgetown University Law Center
Why Care About Mass Incarceration?, James Forman Jr.
Georgetown Law Faculty Publications and Other Works
The United States incarcerates more of its citizens than any other nation in the world. Paul Butler’s Let’s Get Free: A Hip-Hip Theory of Justice makes an important contribution to the debate about the crime policies that have produced this result. Butler began his career as a federal prosecutor who believed that the best way to serve Washington, D.C’s low-income African-American community was to punish its law-breakers. His experiences—including being prosecuted for a crime himself—eventually led him to conclude that America incarcerates far too many nonviolent offenders, especially drug offenders. Let’s Get Free offers a set of reforms for reducing …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform,
2010
University of Richmond School of Law
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker,
2010
The Catholic University of America, Columbus School of Law
The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami
Scholarly Articles
Having canvassed admirably the historical changes to the criminal law case book over the twentieth century, Professor Anders Walker's article suggests that criminal law ought to concern itself with the business of training future prosecutors and defense attorneys by eliminating, or at least greatly reducing, the place of moral and political reflection in the course, which was in any event the supercilious indulgence of elite law schools that disprized criminal practice. His normative prescriptions are of a piece with much that is currently in vogue in criticisms of legal education: that it is impractical, that it does not respond to …
The Geography Of Criminal Law,
2010
Drexel University Earle Mack School of Law
The Geography Of Criminal Law, Adam Benforado
Cardozo Law Review
When Westerners explain the causes of actions or outcomes in the criminal law context, they demonstrate a strong tendency to overestimate the importance of dispositional factors, like thinking, preferring, and willing, and underestimate the impact of interior and exterior situational factors, including environmental, historical, and social forces, as well as affective states, knowledge structures, motives, and other unseen aspects of our cognitive frameworks and processes. One of the situational factors that we are particularly likely to overlook is physical space - that is, landscapes, places, natures, boundaries, and spatialities. Our shortsightedness comes at a great cost. Spatial concerns shape legal …
