American Criminal Law Review articles from January 2009

American Criminal Law Review archives from January 2009

The future of Teague retroactivity, or "redressability," after Danforth v. Minnesota: why lower courts should give retroactive effect to new constitutional rules of criminal procedure in postconviction proceedings.
January 1, 2009... Although the Supreme Court's 1989 decision in Teague v. Lane generally prohibits the application of new constitutional rides of criminal procedure in federal habeas review of state court judgments, the Court's 2008 decision in Danforth v....

Recommended practices for companies and their counsel in conducting internal investigations.
January 1, 2009... PURPOSE OF THE RECOMMENDATIONS Since 2001, over 2,500 public companies have retained outside counsel to conduct internal investigations into suspected wrong-doing by corporate executives and employees. These investigations have included...

Affective forecasting and capital sentencing: reducing the effect of victim impact statements.
January 1, 2009... Victim impact statements ("VIS") at capital sentencing tend to increase the likelihood of a death sentence. Four empirical mock juror studies examined whether expert testimony about affective forecasting--the prediction of future emotional...

Proportional mens rea.
January 1, 2009... INTRODUCTION Over the last generation, the Supreme Court has dramatically revitalized the mens rea requirement for federal crimes. The "guilty mind" requirement now aspires to exempt all "innocent" (1) (or morally blameless) conduct from...

Corporate criminal liability versus corporate securities fraud liability: analyzing the divergence in standards of culpability.
January 1, 2009... Many criminal and civil offenses require proof of a corporation's intent in order to find it guilty of wrongdoing. (1) Intent, or mens rea, plays a pivotal role in criminal law, and the concept of intent is dispositive in civil securities fraud...

Piercing the veil of informant confidentiality: the role of in camera hearings in the Roviaro determination.
January 1, 2009... INTRODUCTION In 1988, Emanual George DeVose was charged with the delivery of a controlled substance and tried before a jury in an Arkansas state trial court. (1) Robert Thomas, an undercover officer, testified to the following: On May 21...