Journal of Criminal Law and Criminology articles from March 1998

Journal of Criminal Law and Criminology archives from March 1998

The limits of the preventive state. (Supreme Court Review)
March 22, 1998... I. PUNISHMENT VS. PREVENTION Our federal Constitution has a lot to say about crime and punishment. Even in the "structural" part of the Constitution, which is not often thought to be the source of much criminal regulation, references...

A look at the use of acquitted conduct in sentencing.(Supreme Court Review)(Case Note)
March 22, 1998... United States v. Watts, 117 S. Ct 633 (1197) (per curiam) I. INTRODUCTION In United States v. Watts,(1) the United States Supreme Court addressed whether sentencing courts, when determining a convicted defendant's sentence, may...

The court upholds a state law prohibiting physician-assisted suicide.(Supreme Court Review)(Case Note)
March 22, 1998... Vacco v. Quill, 117 S. Ct. 2293 (1997) I. INTRODUCTION In Vacco v. Quill,(1) the United States Supreme Court addressed whether a terminally ill person has a constitutionally protected right to commit suicide with the assistance of a...

Federal false statement prosecutions: the absurd becomes material. (statements to federally insured banks)(Supreme Court Review)(Case Note)
March 22, 1998... United States v. Wells, 117 S. Ct. 921 (1997) I. INTRODUCTION In United States v. Wells,(1) the United States Supreme Court held that materiality is not an element of the offense of making a false statement to a federally insured...

Legislating through the use of commentary: the Sentencing Commission's interpretation of section 994(h) of the Sentencing Reform Act.(Supreme Court Review)(Case Note)
March 22, 1998... United States v. LaBonte, 117 S. Ct. 1673 (1997) I. INTRODUCTION In United States v. LaBonte,(1) the United States Supreme Court held that 28 U.S.C. [sections] 994(h) unambiguously requires a court, when sentencing a third-time drug...

The Fourth Amendment and traffic stops: bright-line rules in conjunction with the totality of the circumstances test.(Supreme Court Review)(Case Note)
March 22, 1998... I. INTRODUCTION In Ohio v. Robinette,(1) the United States Supreme Court addressed whether a law enforcement officer must advise a detained motorist that he is "free to go" before the motorist's consent to search will be recognized as...

Excluding automobile passengers from Fourth Amendment protection. (during police search after detainment)(Supreme Court Review)(Case Note)
March 22, 1998... I. INTRODUCTION In Maryland v. Wilson,(1) the Supreme Court addressed whether police officers can order an innocent passenger to exit a vehicle when the driver is lawfully stopped for traffic violations.(2) The Court held that, as a...

"Mental illness": a sexually violent predator is punished twice for one crime.(Supreme Court Review)(Case Note)
March 22, 1998... I. INTRODUCTION In Kansas v. Hendricks,(1) the Supreme Court addressed the constitutionality of detaining an individual pursuant to the Kansas Sexually Violent Predator Act (Act).(2) The Court held that the Act's civil commitment...

Cyberporn and censorship: constitutional barriers to preventing access to Internet pornography by minors.(Supreme Court Review)(Case Note)
March 22, 1998... I. INTRODUCTION In Reno v. ACLU,(1) the Supreme Court ruled on the constitutionality of two provisions of the Communications Decency Act of 1996.(2) Congress enacted the Communications Decency Act (CDA) in order to curtail the...

The misappropriation theory: a valid application of section 10(B) to protect property rights in information. (Securities Exchange Act)(Supreme Court Review)(Case Note)
March 22, 1998... United States v. O'Hagan, 117 S. Ct. 2199 (1997) I. INTRODUCTION In United States v. Hagan,(1) the United States Supreme Court held that the misappropriation theory is a valid basis upon which to impose [sections] 10(b) and Rule...

Lawyers, guns, and money: what price justice? (man tried for murder protests due to corrupt judge)(Supreme Court Review)(Case Note)
March 22, 1998... Bracy v. Gramley, 117 S. Ct. 1793 (1997) I. INTRODUCTION In Bracy v. Gramley,(1) the United States Supreme Court held that a triple-murder defendant, William Bracy, who was convicted by a judge who was subsequently convicted of...

Physician-assisted suicide: the problems presented by the compelling, heartwrenching case.(Pope & John Lecture on Professionalism)
March 22, 1998... In 1991, the Chicago law firm of Pope & John Ltd. established a lecture series at Northwestern University School of Law. The Pope & John Lecture on Professionalism focuses on the many dimensions of a lawyer's professional responsibility,...

Religious perspectives on assisted suicide. (response to article by Yale Kamisar in this issue, p. 1121)(Pope & John Lecture on Professionalism)
March 22, 1998... Yale Kamisar's writings add up to an impressive argument against the legalization of assisted suicide and euthanasia, an achievement all the more notable because it does not depend on a blanket moral condemnation of these practices and so...

Physician-assisted suicide and voluntary euthanasia: some relevant differences. (response to article by Yale Kamisar in this issue, p. 1121)(Pope & John Lecture on Professionalism)
March 22, 1998... Yale Kamisar, in a series of influential articles on physician-assisted suicide and voluntary active euthanasia, has written eloquently in opposition to legalizing these practices.(1) Today he revisits the first of these articles, his seminal...

Comments on Kamisar. (response to article by Yale Kamisar in this issue, p. 1121)(Pope & John Lecture on Professionalism)
March 22, 1998... Each of us is going hence from this world, and if for no other reason than that it behooves us to think about how our departure might be made less terrible. Professor Kamisar, as a twenty-seven-year-old prodigy in legal studies many years ago,...