Berkeley Journal of Criminal Law最新文献_第3页

The Problem With Cynical Prosecutor's Syndrome: Rethinking A Prosecutor's Role in Post-Conviction Cases 愤世嫉俗的检察官综合症的问题:重新思考检察官在定罪后案件中的角色

Berkeley Journal of Criminal Law Pub Date : 2016-03-07 DOI: 10.15779/Z38056D

Laurie L. Levenson

引用次数: 11

Congressional Gamesmanship Leads To An Acquittal In Deepwater Horizon Case , United States v. David Rainey: A Case Study 国会的花招导致深水地平线案无罪释放，美国诉大卫雷尼:一个案例研究

Berkeley Journal of Criminal Law Pub Date : 2016-03-07 DOI: 10.15779/Z383V98

Brian M. Heberlig

引用次数: 0

Redressing Transgression: In Defense of the Federal Sentencing Guidelines for Child Pornography Possession 纠正违法行为:为持有儿童色情物品的联邦量刑准则辩护

Berkeley Journal of Criminal Law Pub Date : 2013-06-23 DOI: 10.15779/Z38561F

M. Smolen

引用次数: 3

Hawai’i Girls Court: Juveniles, Gender, and Justice 夏威夷少女法庭:少年、性别与正义

Berkeley Journal of Criminal Law Pub Date : 2013-06-23 DOI: 10.15779/Z381C98

Tamar Lerer

引用次数: 2

The Unusual Punishment: A Call for Congress to Abolish the Death Penalty Under the Uniform Code of Military Justice for Unique Military, Non-Homicide Offenses 不寻常的惩罚:呼吁国会根据《统一军事司法法典》废除针对特殊军事非杀人罪行的死刑

Berkeley Journal of Criminal Law Pub Date : 2013-06-23 DOI: 10.15779/Z388W49

Richard E. Federico

引用次数: 1

The Kids Aren't Alright: An Argument to Use the Nation Building Model in the Development of Native Juvenile Justice Systems to Combat the Effects of Failed Assimilative Policies 孩子们不太好:在发展本土少年司法系统中使用国家建设模型来对抗失败的同化政策影响的论证

Berkeley Journal of Criminal Law Pub Date : 2012-12-31 DOI: 10.15779/Z38JC9F

R. Seelau

引用次数: 0

Punishment Without Conviction: Controlling The Use of Unconvicted Conduct in Federal Sentencing 非定罪处罚:控制联邦判决中未定罪行为的使用

Berkeley Journal of Criminal Law Pub Date : 2012-11-01 DOI: 10.15779/Z382D08

G. Leonard, Christine Dieter

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引用次数: 1

Out of the Principal's Office and Into the Courtroom: How Should California Approach Criminal Remedies for School Bullying 走出校长办公室，走进法庭:加州应该如何处理校园欺凌的刑事补救措施

Berkeley Journal of Criminal Law Pub Date : 2011-12-31 DOI: 10.15779/Z38C032

Tracy Tefertiller

引用次数: 6

Where We are with Location Tracking: A Look at the Current Technology and the Implications on Fourth Amendment Jurisprudence 位置跟踪的现状:当前技术及其对第四修正案判例的影响

Berkeley Journal of Criminal Law Pub Date : 2011-12-31 DOI: 10.15779/Z38Q913

I. Herbert

引用次数: 0

Hard Lessons: The Role of Law Schools in Addressing Prosecutorial Misconduct 艰难的教训:法学院在处理检察官不当行为方面的作用

Berkeley Journal of Criminal Law Pub Date : 2011-12-01 DOI: 10.2139/SSRN.1803540

L. Bazelon

{"title":"Hard Lessons: The Role of Law Schools in Addressing Prosecutorial Misconduct","authors":"L. Bazelon","doi":"10.2139/SSRN.1803540","DOIUrl":"https://doi.org/10.2139/SSRN.1803540","url":null,"abstract":"This Article approaches prosecutorial misconduct from a pedagogical perspective by exploring the ways in which law school clinicians can teach their students how to confront the problem proactively and in-the-moment, with an eye toward reducing its rate of occurrence and blunting its corrosive effect. Prosecutorial misconduct is a serious problem that strikes at the heart of a criminal defendant’s constitutional right to a fair trial. More broadly, it has the potential to impact the integrity of the criminal justice system as a whole. Educating law school students in criminal clinics about this issue before they become prosecutors and criminal defense attorneys serves three important goals. First, such instruction can act as preventative medicine by reducing the likelihood that future prosecutors will step over the line out of ignorance of the applicable case law and court rules or out of a misplaced desire to win at all costs. Second, it enables future defense counsel to develop litigation methods designed to prevent the problem from occurring in the first instance. Third, it can prepare defense counsel to recognize prosecutorial misconduct that proves unpreventable so that she is able to respond effectively in-the-moment rather than belatedly, after the harm has been done. The blended learning approach that is the signature pedagogy of the clinical classroom is well-suited to addressing prosecutorial misconduct because it provides an opportunity for students to engage in a frank and thoughtful dissection of the legal and ethical issues that are inextricably bound up with it. The model I propose combines instruction in black letter law, ethics, and skills acquisition. It also seeks to have clinicians model the process of analyzing and responding to prosecutorial misconduct using examples from their real world experiences. With this approach, students will learn to think critically about their roles and responsibilities as future prosecutors and defense attorneys and to develop sound professional judgment before they enter the whirlwind of practice.","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129038972","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: 4