American Criminal Law Review articles from September 1996

American Criminal Law Review archives from September 1996

The myth of morality and fault in criminal law doctrine.
September 22, 1996... I. Introduction It is difficult, but very tempting, to justify criminal law in moral terms.(1) The criminal is morally condemnable.(2) Murder, robbery, larceny, and kidnapping are repulsive acts against society perpetrated by a...

The deliberative lottery: a thought experiment in jury reform.
September 22, 1996... Douglas Gary Lichtman* I. Introduction 133 II. Challenging "Absolute" Consensus 136 A. Subjective Questions 136 B. Historical Accident ...

Home is where your modem is: an appropriate application of search and seizure law to electronic mail.
September 22, 1996... I. Introduction "For people who want privacy, there may be no place like home."(1) A person's home not only provides a shield from nosy neighbors; the home also provides protection from an intrusive government. While Fourth...

A shield for swords.
September 22, 1996... 1. Introduction Sikhs are known for their distinctive appearance. A Sikh gentleman, dressed in a turban, is easily visible in a crowd. That gentleman, however, may be equipped with more than meets the eye. According to traditional...

International and domestic approaches to constitutional protections of individual rights: reconciling the Soering and Kindler decisions.
September 22, 1996... I. Introduction Although the death penalty may not yet be considered illegal per se as a matter of customary international law, there is clearly a trend towards its abolition.(1) Most countries of Western Europe and the Americas have...

Warrantless public housing searches: individual violations or community solutions.
September 22, 1996... I. Introduction 261 II. Sweep Searches and Those They Affect 264 A. The Searches 264 B. Residents' Responses to the Searches 266 III. The Fourth Amendment...

What's the story? An analysis of juror discrimination and a plea for affirmative jury selection.
September 22, 1996... WHAT'S THE STORY? AN ANALYSIS OF JUROR DISCRIMINATION AND A PLEA FOR AFFIRMATIVE JURY SELECTION I. Introduction 289 II. Social Cognition Theory 292 ...