Criminal Procedure Commons^™

Offence Definitions, Conclusive Presumptions, And Slot Machines, Michael Plaxton

Osgoode Hall Law Journal

Canadian evidence scholars frequently claim that conclusive presumptions are nothing more than substantive offence definitions. This position reflects a persistent confusion, not about the function of legal presumptions in the law of evidence, but about the function of offence definitions beyond the law of evidence. Offence definitions, unlike conclusive presumptions, serve the normative function of defining wrongful conduct for citizens. This commentary argues that the language of conclusive presumptions allows us to distinguish the gravamen of a criminal offence from a means of facilitating proof of that wrong. It is, to that extent, worth preserving the distinction between conclusive presumptions …

Gun Shy: Turning Violent Criminals Into Anti-Violence Advocates, Ian Barney

Public Interest Law Reporter

No abstract provided.

How Will The 9/11 Hijackers Be Brought To Justice?, Brian Patient

Public Interest Law Reporter

No abstract provided.

How To Save Superman From A Death Sentence: Could It Be North Carolina's Racial Justice Act?, Saren Stiegel

Public Interest Law Reporter

No abstract provided.

Penguatkuasaan Kesalahan Jenayah Islam Di Brunei Darussalam., Suhaimi Haji Gemok

Student Works (2010-2019)

Successful law depends on its effective enforcement. This rule applies within the enforcement of Islamic criminal law. Based on the Islamic principle of ‘al-Amru bi al-Makruf wa al-Nahyu an al-Munkar', the government and public are obliged to ensure that it is carried out. This research focuses on the issue of enforcement with several objectives, firstly, to discuss the concept of criminal enforcement according to the Islamic law. Secondly, to evaluate the historical development of criminal enforcement in Brunei Darussalam. Thirdly, to identify and analyse current issues and problems facing the religious enforcement unit in enforcing syariah criminal offences. These objectives …

A Distributive Theory Of Criminal Law, Aya Gruber

Publications

In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment-retributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …

Approaches To Protecting Victims Of Intimate Partner Violence In The United States And Ireland: People, Property, And Politics, Barbara Glesner Fines

Faculty Works

No abstract provided.

"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Pace Law Review

No abstract provided.

When A Company Confesses, Christopher Jackson

Michigan Law Review

Under the Federal Rules of Criminal Procedure, a defendant is normally obligated to attend all of the proceedings against her. However Rule 43(b)(2) carves out an exception for organizational defendants, stating that they "need not be present" if represented by an attorney. But on its face, the language of 43(b)(2) is ambiguous: is it the defendant or the judge who has the discretion to decide whether the defendant appears? That is, may a judge compel the presence of an organizational defendant? This Note addresses the ambiguity in the context of the plea colloquy, considering the text of several of the …

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …

Why March To A Uniform Beat? Adding Honesty And Proportionality To The Tune Of Federal Sentencing, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

This Article fills a gap in current scholarship concerning the Federal Sentencing Guidelines ("Guidelines") by bringing together many sentencing concerns and refocusing them on the Guidelines themselves. Since United States v. Booker, in which the Supreme Court demoted the Guidelines from mandatory to advisory status and imposed reasonableness as the appellate standard of review, several scholars have written about the new, advisory Guidelines scheme. Some have focused on the constitutional problems that Booker failed to settle. Others have argued against a presumption of reasonableness for within-Guidelines sentences. For some scholars, the biggest issues with the advisory Guidelines regime …

"Over-Kill": The Ramifications Of Applying New York's Anti-Terrorism Statute Too Broadly, Louis Jim

Faculty Publications

(Excerpt)

On October 31, 2007, a jury in Bronx County, New York convicted Edgar Morales, a gang member, of manslaughter in the first degree, attempted murder in the second degree, criminal possession of a weapon in the second degree, and conspiracy in the second degree. Those convictions arose out of a shooting that occurred on August 18, 2002. That night, Mr. Morales and a group of his friends "showed up uninvited at a christening party at St. Paul's Lutheran Church" in New York City. Sometime that evening, "several people commandeered the disc jockey's microphone, and before long a fight broke …

Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Typology Of Consensual Criminal Procedures: An Historical And Comparative Perspective On The Theory And Practice Of Avoiding The Full Trial, Stephen C. Thaman

All Faculty Scholarship

In the words of Clifford Geertz, this chapter engages in “an exercise of intercultural translation” in order to understand the reality of plea bargaining and other forms of consensual resolution of criminal cases. It provides a history of consensual and alternative forms of criminal procedure around the world. It also provides a comprehensive discussion on alternatives to a full trial in modern penal systems and issues that arise with those alternatives.

Citizens United & Corporate & Human Crime, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Citizens United v. Election Commission held that, like human citizens, corporations can exercise their right to free speech by spending as much money as they like trying to influence elections. This article does not attack or defend that decision, but rather explores its implications for criminal liability, corporate and otherwise. Most prominently, Citizens United reinforces the long-accepted but still highly controversial proposition that, despite their inanimate nature, corporations can be criminally prosecuted for harm they cause. Less obviously, Citizens United provides fodder for those who would soften current corporate liability and punishment rules. Less obviously still, the decision could bolster …

No-Limit Texas Hold 'Em, Or, The Voir Dire In Dallas County, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

Voir dire is Law French for “to speak the truth.” In the United States and a few other common-law countries that still use juries, the term describes the process of selecting jurors who will hear the evidence presented at trial, render a verdict, and sometimes determine punishment. The translation suggests a search for jurors who can render a fair and impartial verdict. Attorneys try to discover and remove jurors who seem unable or unlikely to speak the truth, such as those who nurture irrational prejudices or harbor private grievances.

In most federal courts, the judge is the primary conduit for …

The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear

Kentucky Law Journal

No abstract provided.

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

Faculty Scholarship

No abstract provided.

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

Faculty Scholarship

No abstract provided.

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.