American Criminal Law Review articles from September 1995

American Criminal Law Review archives from September 1995

Ignorance, discretion and the fairness of notice: confronting "apparent innocence" in the criminal law.
September 22, 1995... Any law student will recite with assurance the maxim that ignorance of the law is no excuse. Typically, mistake as to the legality (or "innocence") of one's conduct provides no defense to criminal prosecution. These principles, derived from...

Federal Rule of Evidence 413: a dangerous new frontier. (admissibility of prior acts as evidence in rape cases)
September 22, 1995... INTRODUCTION Late last summer, as part of the Violent Crime Control and Law Enforcement Act of 1994, Congress profoundly changed the law of evidence by enacting Federal Rule of Evidence 413 ("Rule 413").(1) In a federal sexual assault...

Sparf and Dougherty revisited: why the court should instruct the jury of its nullification right.
September 22, 1995... Introduction During the past few years, the results of high-profile criminal trials have led to increasing public debate concerning the criminal trial jury. In this period, juries acquitted O.J. Simpson,(1) Marion Barry,(2) Oliver North,(3)...

Truly constitutional? The American double jeopardy clause and its Australian analogues.
September 22, 1995... INTRODUCTION The prohibition against double jeopardy has been recognized as fundamental in both the United States and Australia. The idea that "no man is to be brought into jeopardy of his life, more than once, for the same offense"(1) was a...

Unconstitutional conditions: is the Fourth Amendment for sale in public housing?
September 22, 1995... INTRODUCTION Seething accounts of crime-ridden, dilapidated public housing developments make good newspaper fodder;(1) however, they also feed the uneasy public's perception that crime in some of America's public housing projects is out of...

Federalizing the no-contact rule: the authority of the Attorney General.
September 22, 1995... I. Introduction: The Debate Over The "No-Contact Rule" II. The Ethics Rule III. The Origins of The DOJ Regulation A. The Thornburgh Memo B. Promulgation of The DOJ Regulation IV. The DOJ No-Contact Regulation A. The Purpose and Scope of...