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Journal Articles
New Criminal Law Review (2012) 15 (3): 375–413.
Published: 01 July 2012
... scrutiny. This article argues that the concepts serve a legitimate function within international criminal courts and tribunals. They are indispensable for filling lacunae in jurisdiction and controlling the abuse of process. Invocations of a court's inherent powers are guided by the necessity of guarding...
Journal Articles
New Criminal Law Review (2019) 22 (2): 164–199.
Published: 01 May 2019
...Mwiza Jo Nkhata In 2007, the High Court of Malawi, sitting as a constitutional court, declared that the mandatory sentence of death for murder was unconstitutional. At the time of the High Court’s invalidation of the mandatory death penalty, Malawi’s prisons had over 190 prisoners serving their...
Journal Articles
New Criminal Law Review (2009) 12 (4): 529–542.
Published: 01 October 2009
...Michael Bohlander Empirical research has shown that the selection and recruitment of judges at the international criminal courts may not always conform with the criteria set out in the courts' statutes, and that the requirements can differ from court to court. There is concern that judicial...
Journal Articles
New Criminal Law Review (2018) 21 (4): 615–639.
Published: 01 November 2018
... advocates to call for solitary confinement’s abolition based on constitutional prohibitions against cruel and unusual punishment. However, the U.S. Supreme Court has not found that the conditions of isolative confinement establish a legal threshold sufficient to legitimate such a ban. In fact, Justice A...
Journal Articles
New Criminal Law Review (2017) 20 (2): 233–308.
Published: 01 May 2017
...Christopher Totten; James Purdon The United States Supreme Court in 2012 in United States v. Jones changed the legal test for what constitutes a police search under the Fourth Amendment. After Jones , a search occurs when: (1) an individual’s privacy rights are violated ( “Katz” test); and/or (2...
Journal Articles
New Criminal Law Review (2018) 21 (3): 345–378.
Published: 01 August 2018
...Eric S. Janus Sex offender civil commitment (SOCC) is a massive deprivation of liberty as severe as penal incarceration. Because it eschews most of the “great safeguards” constraining the criminal power, SOCC demands careful constitutional scrutiny. Although the Supreme Court has clearly applied...
Journal Articles
New Criminal Law Review (2019) 22 (4): 359–390.
Published: 01 November 2019
...Carol S. Steiker; Jordan M. Steiker The Supreme Court’s constitutional regulation of the American death penalty has yielded a plethora of doctrines that have shaped an alternative criminal justice process that is (mostly) limited to capital cases. Many of these doctrines offer a vision and practice...
Journal Articles
New Criminal Law Review (2019) 22 (2): 200–222.
Published: 01 May 2019
...Megha Hemant Mehta The Supreme Court of India in Bachan Singh v. State of Punjab , listed “future dangerousness” of the accused as one of the factors the court must consider when awarding the death sentence. The burden of proof lies on the State to prove the same. This standard has been...
Journal Articles
New Criminal Law Review (2018) 21 (3): 426–457.
Published: 01 August 2018
...Wayne A. Logan Sex offender registration and notification (SORN) laws have been in effect nationwide since the 1990s, and publicly available registries today contain information on hundreds of thousands of individuals. To date, most courts, including the Supreme Court in 2003, have concluded that...
Journal Articles
New Criminal Law Review (2017) 20 (1): 130–156.
Published: 01 February 2017
...Ana Aliverti; Rachel Seoighe Court interpreters have seldom been featured in studies on the criminal courts. Until recently, cases requiring court interpreters were rare and marginal. The peculiarity and historical rarity of these cases may explain the lack of academic consideration of the work of...
Journal Articles
New Criminal Law Review (2020) 23 (3): 388–433.
Published: 27 July 2020
... confined solely to police agencies. We must consider laws and court decisions from other nations when implementing US law reform in this area. In Part I, we consider the implications of IHR law , and assess how realistic it is that such law be embraced by domestic jurisdictions in dealing with relevant...
Journal Articles
New Criminal Law Review (2016) 19 (2): 279–311.
Published: 01 May 2016
...Matthew Slaughter The current Supreme Court approach to the nuances involved in drug detection dogs is fundamentally flawed. The Supreme Court has allowed, on the evidentiary front, the introduction of unscientific evidence into law enforcement practices, which allows officers to disregard...
Journal Articles
New Criminal Law Review (2003) 6 (2): 1189–1208.
Published: 01 January 2003
...Pragati Bhatt Patrick; Thomas Bak ©© 2003 by the Buffalo Criminal Law Review 2003 BAKMACRO 1/22/2004 4:14 PM Firearms Prosecutions in the Federal Courts: Trends in the Use of 18 U.S.C. § 924(c) Pragati Bhatt Patrick and Thomas Bak ABSTRACT The growth in firearms case filings, together with...
Journal Articles
New Criminal Law Review (2020) 23 (1): 113–138.
Published: 01 February 2020
...Malcolm M. Feeley Problem-solving courts and restorative justice programs provide important new alternatives to cope with recurring problems in the criminal justice process. But they are much more. They are harbingers of a new theory of the criminal justice process that challenges traditional...
Journal Articles
New Criminal Law Review (2000) 4 (1): 139–216.
Published: 01 April 2000
...Richard Singer ©© 2000 by the Buffalo Criminal Law Review 2000 SING_JCI 1/19/01 11:51 AM The Model Penal Code and Three Two (Possibly Only One) Ways Courts Avoid Mens Rea Richard Singer* Alice, a FedEx deliverer, carries a suitcase across town, and has no idea that the suitcase contains...
Journal Articles
New Criminal Law Review (2018) 21 (4): 514–544.
Published: 01 November 2018
... challenges to and the resolutions of zero-tolerance public school discipline. These court decisions establish the conditions under which this strategy represents a legitimate and protected exercise of U.S. education policy and practice. We begin by explaining what virtue jurisprudence is, and we specify how...
Journal Articles
New Criminal Law Review (2020) 23 (2): 170–195.
Published: 15 April 2020
...Nina Varsava; Judith Foo; Elizabeth Villarreal; David Walchak In May 2018, the U.S. Supreme Court issued its opinion in the case of McCoy v. Louisiana , holding that defendants have a constitutional right to maintain their innocence at trial. Under McCoy , lawyers may not concede their clients...
Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
...Colin Hawes Public prosecutors are a key element within the legal complex, and crucial to the effective implementation of legal reforms. China’s procurators (public prosecutors) have previously colluded with local governments, police, and courts to “strike hard” against crime while overlooking...
Journal Articles
New Criminal Law Review (2020) 23 (2): 236–270.
Published: 15 April 2020
..., among other things, the establishment of an international criminal court. Building on the thinking of this elite that coexisted with concurrent streams of investments into international law from both East and West, a geopolitical window for new criminal law initiatives beyond the state was opened. It...
Journal Articles
New Criminal Law Review (2020) 23 (1): 139–166.
Published: 01 February 2020
...Tali Gal; Hadar Dancig-Rosenberg This article provides an empirical, comparative analysis of three criminal justice programs that reflect different social and ideological accounts: community courts, arraignment hearings, and restorative justice. The study draws on empirical findings that have been...