American Criminal Law Review articles from September 2000

American Criminal Law Review archives from September 2000

Corporate liability standards: when should corporations be held criminally liable?
September 22, 2000... I. INTRODUCTION Corporate criminal liability is a frequently and hotly debated subject.(1) One issue that attracts much attention is whether a corporation should be at "fault" or "culpable" before liability is imposed, and precisely what...

Corporate intentionality, desert, and variants of vicarious liability.
September 22, 2000... I. INTRODUCTION Some very thoughtful scholars dismiss the idea of corporate criminal liability. Suggesting that artificial entities are to blame for the acts of their agents is simply too much of a fiction. Human persons, not...

Back with a vengeance: the resilience of retribution as an articulated purpose of criminal punishment.
September 22, 2000... I. INTRODUCTION The purposes of criminal punishment are not only the province of legal philosophers and scholars, but also part of positive law. Many state courts and legislatures have specified in cases, statutes, and constitutional...

Punishing protestations of innocence: denying responsibility and its consequences.
September 22, 2000... Could a state legislature provide that the penalty for every criminal offense to which a defendant pleads guilty is to be one-half the penalty to be imposed upon a defendant convicted of the same offense after a not-guilty plea? I would suppose...

Juvenile justice: reform after one hundred years.(Panel Discussion)
September 22, 2000... Congressman Bobby Scott, Congressman Bill McCollum, and Mr. Mark Soler Moderated by Professor Chai Feldblum October 14, 1999 Georgetown University Law Center ADRIANA RODRIGUEZ: Our moderator for this panel is Chai Feldblum, Professor of...

Between death and a hard place: Hopkins v. Reeves and the "stark choice" between capital conviction and outright acquittal.
September 22, 2000... If the decision to kill is indeed fraught with personal moral intensity, arousing the sentencer's most intense fears and anxieties, then it may be a harmful illusion for the juror to believe that he or she is choiceless.(1) A process that...