Journal of Criminal Law and Criminology articles from June 2008

Journal of Criminal Law and Criminology archives from June 2008

The grand jury legal advisor: resurrecting the grand jury's shield.
June 22, 2008... I. INTRODUCTION In our American criminal legal system, the model grand jury is one that exercises independent judgment while serving as both an accusatory and investigatory body. When in the latter role, commonly referred to as the...

Un-incorporating the Bill of Rights: the tension between the Fourteenth Amendment and the federalism concerns that underlie modern criminal procedure reforms.
June 22, 2008... Judicial self-restraint which defers too much to the sovereign powers of the states and reserves judicial intervention for only the most revolting cases will not serve to enhance Madison's priceless gift of "the great rights of mankind secured...

"Nigger": a critical race realist analysis of the N-word within hate crimes law.
June 22, 2008... A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used. --Oliver Wendell Holmes (1) Although the...

State intentions and the law of punishment.
June 22, 2008... I. INTRODUCTION With respect to states of mind, we are of many minds. Sometimes we think mental states matter, and sometimes we think they don't. Most simply, bare voluntariness is usually viewed as a threshold requirement for legal or...

Formal, categorical, but incomplete: the need for a new standard in evaluating prior convictions under the Armed Career Criminal Act.
June 22, 2008... I. INTRODUCTION Even simple, objective arithmetic becomes tainted with subjectivity when the exercise of discretion governs what is counted. An examination of the current application of the Armed Career Criminal Act, (1) which imposes an...

Criminal prosecution in sheep's clothing: the punitive effects of OFAC freezing sanctions.(Office Foreign Assets Control)
June 22, 2008... I. INTRODUCTION The first response to the September 11, 2001 terrorist attacks on New York and Washington D.C. (9/11) was the financial war on terror. On September 23, 2001, President Bush exercised his authority pursuant to the...

Pedophiles in wonderland: censoring the sinful in cyberspace.
June 22, 2008... No one needs a First Amendment to write about how cute newborn babies are or to publish a recipe for strawberry shortcake. Nobody needs a First Amendment for innocuous or popular points of view. That's point one. Point two is that the...

The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System.(Book review)
June 22, 2008... JON B. GOULD, THE INNOCENCE COMMISSION: PREVENTING WRONGFUL CONVICTIONS AND RESTORING THE CRIMINAL JUSTICE SYSTEM (N.Y.U. Press 2007). 345 PP. The Commonwealth of Virginia, like many other jurisdictions across the country, witnessed,...