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12,064 full-text articles. Page 323 of 332.

Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow 2010 NYU School of Law

Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow

Cardozo Law Review

No abstract provided.


Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution, Daniel S. Medwed 2010 S.J. Quinney College of Law, University of Utah

Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution, Daniel S. Medwed

Cardozo Law Review

No abstract provided.


New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, 2010 Yeshiva University, Cardozo School of Law

New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices

Cardozo Law Review

No abstract provided.


Talking About Prosecutors, Alafair S. Burke 2010 Hofstra Law School

Talking About Prosecutors, Alafair S. Burke

Cardozo Law Review

No abstract provided.


Resurrecting Autonomy: The Criminal Defendant's Right To Control The Case, Erica J. Hashimoto 2010 University of Georgia

Resurrecting Autonomy: The Criminal Defendant's Right To Control The Case, Erica J. Hashimoto

Scholarly Works

In Faretta v. California, the Supreme Court exalted the value of autonomy – the criminal defendant’s interest in presenting and controlling the defense. Over the course of the past thirty-five years, however, the Court’s enthusiasm has dissipated, and commentators have criticized courts that have given defendants any measure of control over their cases. As a result, lower courts increasingly have shifted control from defendants to their lawyers. In light of that retrenchment, this Article reevaluates the autonomy interest on its merits. This reexamination confirms that Faretta got it right, and the Supreme Court should revitalize the constitutional interest of criminal …


Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings 2010 The George Washington University Law School

Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings

Cardozo Law Review

No abstract provided.


Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk 2010 Nevada Law Journal

Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk

Nevada Supreme Court Summaries

Consideration of whether Nev. Rev. Stat. §484.384 mandates driver’s license revocation when two consecutive breath samples are obtained from a DUI suspect and only one breath sample tests over the legal limit for alcohol.


Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest 2010 University of Kentucky

Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest

Office for Policy Studies on Violence Against Women Publications

In 2006, more than 3,600 women in the United States lost their lives to homicide. Descriptive data regarding homicides of women are beginning to reveal important complexities regarding victim–offender relationships, severity of injury, and age of female homicide victim. More specifically, there is some indication that the correlation between victim–offender relationship and injury severity may be conditional, depending on victim age. This retrospective review accessed medical examiner records of female homicide victims from 2002 through 2004, and its findings offer additional illumination on the trends in associations of injury and relationship variables in the homicide of women over their life …


The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée McDonald Hutchins 2010 University of Maryland School of Law

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

University of Richmond Law Review

In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.


Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen 2010 Brigham Young University Law School

Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen

BYU Law Review

No abstract provided.


Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear 2010 William & Mary Law School

Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear

William & Mary Law Review

American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …


What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether 2010 Villanova University School of Law

What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether

Working Paper Series

Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …


Terrorism And The Law: Show Trials And Why The Show Must Go On, IBPP Editor 2010 Embry-Riddle Aeronautical University

Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.


Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer 2010 West Virginia University College of Law

Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer

West Virginia Law Review

No abstract provided.


Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman 2010 Bemidji State University

Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman

Political Science Theses and Capstones

Is there a reason why a particular county might use asset forfeiture more than others? Asset forfeiture, in short, is law enforcement confiscating any items used in the act of committing a crime. As many governments face more budget crunches and deficits all means of revenue will become more vital to everyday operations. Everything gets reported back to the Minnesota State Auditor, where I was able to get complete data on every county. For variables such as education, race and others I drew from numerous government websites. I wanted to see if certain variables correlated with higher incidence of forfeiture. …


Lethal Discrimination, J. Thomas Sullivan 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Lethal Discrimination, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Unconstitutional And Unnecessary: A Cost/Benefit Analysis Of "Crimes Involving Moral Turpitude" In The Immigration And Nationality Act, Amy Wolper 2010 Benjamin N. Cardozo School of Law

Unconstitutional And Unnecessary: A Cost/Benefit Analysis Of "Crimes Involving Moral Turpitude" In The Immigration And Nationality Act, Amy Wolper

Cardozo Law Review

No abstract provided.


The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz 2010 Roger Williams University School of Law

The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Pity The Child: The Age Of Delinquency In New York, Merril Sobie 2010 Pace University School of Law

Pity The Child: The Age Of Delinquency In New York, Merril Sobie

Pace Law Review

No abstract provided.


No Second Chances: Leandra's Law And Mandatory Alcohol Ignition Interlocks For First-Time Drunk Driving Offenders, Joseph Marutollo 2010 Pace University School of Law

No Second Chances: Leandra's Law And Mandatory Alcohol Ignition Interlocks For First-Time Drunk Driving Offenders, Joseph Marutollo

Pace Law Review

This Comment will examine whether it was prudent for New York to mandate alcohol ignition interlocks for all convicted DWI offenders. This Comment begins with an examination of the recent history of alcohol ignition interlocks in New York State. This Comment will then focus on three major critiques of alcohol ignition interlocks: first, whether first-time offenders should be treated the same way as serious alcohol abusers; second, whether mandating alcohol ignition interlocks for first-time offenders is an efficient way to curb drunk driving; and third, whether mandatory alcohol ignition interlock laws violate the separation of powers doctrine through Pennsylvania case …


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