Buffalo Criminal Law Review最新文献_第9页

Charting Race and Class Differences in Attitudes Towards Drug Legalization and Law Enforcement: Lessons for Federal Criminal Law 绘制种族和阶级对毒品合法化和执法态度的差异:对联邦刑法的教训

Buffalo Criminal Law Review Pub Date : 1997-04-01 DOI: 10.1525/NCLR.1997.1.1.137

T. Meares

引用次数: 39

Federal Criminal Code Reform: Is It Possible 联邦刑法改革:可能吗

Buffalo Criminal Law Review Pub Date : 1997-04-01 DOI: 10.1525/NCLR.1997.1.1.195

R. Joost

{"title":"Federal Criminal Code Reform: Is It Possible","authors":"R. Joost","doi":"10.1525/NCLR.1997.1.1.195","DOIUrl":"https://doi.org/10.1525/NCLR.1997.1.1.195","url":null,"abstract":"The criminal code title of the United States code should be completely rewritten. The National Commission on Reform of Federal Criminal Laws, the Brown Commission, announced that conclusion in 1971. It remains equally valid today. The paper explains the continuing inadequacy of the criminal code title and describes the history of the codification effort. It also focuses on whether criminal law codification could be achieved in the future. In the author's opinion, the substantive criminal laws of the United States could be joined together in an efficient enacted code. To do so, however, will require that lessons be drawn from the unsuccessful effort to enact a federal criminal code from 1972 to 1982. For example, multiple criminal code bills, rather than the Brown Commission recommendation above, were debated in Congress. During the entire period, the issue generated more than 24,000 pages of testimony and exhibits in congressional hearings. In 1979 and 1980, over a period of more than 300 days, the House subcommittee held 157 days of hearings, public meetings, additional hearings, and meetings to revise the draft legislation. As a result, it did not report a bill to the full committee until March 11, 1980, a date that was too late for full committee, rules, floor, and conference committee action. All Congress has to do to avoid such delay is to provide in the commission legislation that the \"fast track\" rules of section 151 of the Trade Act of 1974 (19 U.S.C. section 2191) shall apply to the final report of the commission. The fast track rules provide, inter alia, that if a bill is not reported from committee 45 days after introduction, it shall be automatically discharged.","PeriodicalId":344882,"journal":{"name":"Buffalo Criminal Law Review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126861600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Symbolic Policies in Clinton's Crime Control Agenda 克林顿控制犯罪议程中的象征性政策

Buffalo Criminal Law Review Pub Date : 1997-04-01 DOI: 10.1525/NCLR.1997.1.1.67

Nancy E. Marion

引用次数: 55

Reforming the Federal Criminal Code: A Top Ten List 改革联邦刑法:十大案例

Buffalo Criminal Law Review Pub Date : 1997-04-01 DOI: 10.1525/NCLR.1997.1.1.225

P. Robinson

引用次数: 4

What' Law Got To Do With It? The Political, Social, Psychological and Non-Legal Factors Influencing the Development of (Federal) Criminal Law 这跟法律有什么关系?影响(联邦)刑法发展的政治、社会、心理和非法律因素

Buffalo Criminal Law Review Pub Date : 1997-04-01 DOI: 10.1525/NCLR.1997.1.1.23

Sara Sun Beale

引用次数: 15

Three Conceptions of Federal Criminal-Lawmaking 联邦刑事立法的三个概念

Buffalo Criminal Law Review Pub Date : 1997-01-28 DOI: 10.1525/NCLR.1997.1.1.5

D. Kahan

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引用次数: 5

On the So-Called Requirement for Voluntary Action, 论所谓的自愿行动要求

Buffalo Criminal Law Review Pub Date : 1900-01-01 DOI: 10.1525/NCLR.1998.1.2.403

A. Simester

{"title":"On the So-Called Requirement for Voluntary Action,","authors":"A. Simester","doi":"10.1525/NCLR.1998.1.2.403","DOIUrl":"https://doi.org/10.1525/NCLR.1998.1.2.403","url":null,"abstract":"It is often said that there must be a voluntary action by the defendant before she may properly be convicted of any offence. In this paper, by contrast, it is argued that action is a dispensable requirement of moral and criminal responsibility. It is sometimes permissible to penalize D without his being an agent in respect of his behavior. Similarly, it may be acceptable on occasion to impose liability for an omission or state of affairs without requiring a positive act by D. In such cases, action is unnecessary. Instead, it is essential to show that the actus reus is voluntary. On the account presented here, moral and criminal responsibility is denied when the actus reus is involuntary -- when the defendant is unable deliberatively to control her behavior so as to prevent the actus reus from occurring. The paper traces the ramifications of this approach for criminal law doctrine, describing two types of cases where control over behavior is lost, as well as the \"defence\" of impossibility. Philosophical analysis is also considered. Nonetheless, culpability is not by itself sufficient for criminal responsibility. The paper closes by noting that a requirement for action is ordinarily justified by considerations of autonomy.","PeriodicalId":344882,"journal":{"name":"Buffalo Criminal Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114993120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Reason and Guesswork in the Definition of Rape 强奸定义中的理性与猜测

Buffalo Criminal Law Review Pub Date : 1900-01-01 DOI: 10.1525/NCLR.2000.3.2.585

David P. Bryden

{"title":"Reason and Guesswork in the Definition of Rape","authors":"David P. Bryden","doi":"10.1525/NCLR.2000.3.2.585","DOIUrl":"https://doi.org/10.1525/NCLR.2000.3.2.585","url":null,"abstract":"I want to thank Professors Berger, Thomas, and Wertheimer for their generous remarks. Our few disagreements are all either trivial or adequately discussed in our respective essays. But I will correct a couple of minor misimpressions that I may have created. I agree with Professor Wertheimer that (at least in most contexts) consent is better understood in objective rather than subjective terms. I think that my analysis suggested this, but my terminology probably did not. Perhaps I should have said “lack of desire” instead of “subjective nonconsent.” Concerning drinking, I’m not sure that Wertheimer and I disagree at all, except (apparently) in our hunches about whether, in a “substantial” number of drunken-victim cases, the victim is wholly passive. Naturally, I welcome Professor Berger’s graceful retraction of her remarks about Alston. Professor Berger points out that Schulhofer’s parable about the doctor is not essential to the case for an affirmative-consent rule. I agree that it is not essential, but it may be decisive. At least in the abstract, everyone favors an affirmativeconsent rule in the surgical context. Therefore, if Schulhofer’s analogy is valid, it follows that the same rule should be adopted in the sexual context. Professor Schulhofer himself goes so far as to suggest that the procedure for consent to a rectal probe is analogous to the proper procedure for consent to sex. In other words, he","PeriodicalId":344882,"journal":{"name":"Buffalo Criminal Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123397112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Enlightened Criminal Policy or the Struggle Against Evil 开明的刑事政策或与邪恶的斗争

Buffalo Criminal Law Review Pub Date : 1900-01-01 DOI: 10.1525/NCLR.2000.3.2.687

Klaus Lüüderssen

引用次数: 1

Unconscious Meanings of Crime and Punishment 罪与罚的无意识意义

Buffalo Criminal Law Review Pub Date : 1900-01-01 DOI: 10.1525/NCLR.1999.2.2.947

W. Weyrauch

引用次数: 1