DOCSLIB.ORG

False Allegations of Adult Crimes September 2012 Volume 81 Number 9

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
False Allegations of Adult Crimes September 2012 Volume 81 Number 9 September 2012 False Allegations of Adult Crimes September 2012 Volume 81 Number 9 United States Department of Justice Federal Bureau of Investigation Washington, DC 20535-0001 Robert S. Mueller III Director Contributors’ opinions and statements Features should not be considered an endorsement by the FBI for any policy, program, or service. The attorney general has determined False Allegations of Investigators should learn to detect that the publication of this periodical Adult Crimes these offenses, which waste law is necessary in the transaction of the 1 enforcement resources and impact public business required by law. Use By James McNamara and of funds for printing this periodical has communities. been approved by the director of the Jennifer Lawrence Office of Management and Budget. The FBI Law Enforcement Bulletin (ISSN-0014-5688) is published monthly by the Federal Bureau of Investigation, 935 Pennsylvania Qualified Immunity This doctrine provides important Avenue, N.W., Washington, D.C. By Richard G. Schott legal protections for officers in the 20535-0001. Periodicals postage paid 22 performance of their duties. at Washington, D.C., and additional mailing offices. Postmaster: Send address changes to Editor, FBI Law Enforcement Bulletin, FBI Academy, Quantico, VA 22135. Editor John E. Ott Associate Editors Eric A. D’Orazio Linda L. Fresh Departments David W. MacWha Art Director Stephanie L. Lowe 7 Leadership Spotlight 13 Research Forum The Training Division’s Falling Prey to Posturing The Attitudes of Police Outreach and Communications Unit Managers Toward produces this publication with assistance from the division’s 8 Perspective Intelligence-Led Policing National Academy Unit. Redefining Police Power Issues are available online at 18 http://www.fbi.gov. Bulletin Alert 12 ViCAP Alert Deployment of Spike Strips E-mail Address [email protected] Sexual Assault Case 19 Notable Speech Cover Photo © iStockphoto.com J-U-S-T-I-C-E Send article submissions to Editor, FBI Law Enforcement Bulletin, FBI Academy, Quantico, VA 22135. ISSN 0014-5688 USPS 383-310 © shutterstock.com False Allegations of Adult Crimes By JAMES MCNAMARA, M.S., and JENNIFER LAWRENCE, M.A. t 7:30 a.m., an unknown secluded rural area and led her 3 p.m. Pamela drove herself to male abducted Pamela into the woods. He bound her to the nearest hospital for treat- Aat knifepoint while she a tree, placing the bicycle chain ment, and staff members notified fueled her car at a convenience around her neck. The subject the police. After receiving medi- store. The offender then forced then assaulted her vaginally cal attention, she was released. her to drive to a bridge, where with a box cutter and lacerated State and local police in- they crossed into a neighbor- her breasts and right nipple. vestigators conducted the initial ing state. During the long ride, Then, he ordered Pamela interview of Pamela at the he choked her with a bicycle back into her car and had her hospital. Although initially co- security chain and slashed her drive them to a nearby ferry. operative, she stopped answer- with a knife. The subject exited the vehicle ing questions. Pamela agreed Next, the assailant ordered and disappeared while heading to meet investigators at a later Pamela to park the vehicle in a toward the ferry at about date at the state police barracks September 2012 / 1 to discuss the abduction and antidepressant. Working with against them to a law enforce- sexual assault, but she never NCAVC, officers developed a ment agency. Both men and arrived. successful interview strategy, women commit these crimes; A review of hospital medi- and Pamela finally admitted that however, women perpetrate cal records showed that Pamela she fabricated the abduction and the majority of them. A limited received treatment for super- sexual assault. number of studies have focused ficial lacerations to her right Her false allegation tied up on false allegation adult crimes, hand, left breast, right breast the resources of several state with the majority of research and nipple, and neck. She also and local police departments, as addressing cases of rape and to had several superficial abrasions well as the area FBI office. Sig- a lesser degree stalking.1 in her pubic region. The doctor nificant media attention focused These offenses occur described her as tired but in no on the case prior to her confes- throughout America every acute discomfort. sion. An artist’s sketch of the year. Unfortunately, they waste Officers found no forensic imaginary offender circulated. substantial investigative re- evidence from Pamela or her The media quoted a spokesper- sources—needed for legitimate vehicle. They contacted the son for a local women’s rape cases involving real victims— FBI’s National Center for the crisis center as saying, “What before authorities can identify Analysis of Violent Crime I see is a community that is them as false allegations. And, (NCAVC) for assistance scared….” as noted in the quote from the in developing an interview crisis center worker, these false strategy. Investigators deter- Background allegations can severely affect mined that Pamela suffered A false allegation crime in- communities and the people from depression and anxiety volves persons reporting a fab- who live and work there. Worse, and had a prescription for an ricated offense that has occurred they can make it harder for law enforcement agencies and citizens to take real victims of crime seriously. Offender Motivations Perpetrators of false al- legation crimes have various underlying motivations that fall into one or more categories. Investigators may encounter cases involving more than one motivation.2 Mental illness/depression Attention/sympathy Special Agent McNamara serves Ms. Lawrence serves as a crime Financial/profit in the National Center for the analyst in the National Center for Analysis of Violent Crime in the the Analysis of Violent Crime in the Alibi FBI’s Critical Incident Response FBI’s Critical Incident Response Group. Group. Revenge 2 / FBI Law Enforcement Bulletin A significant life problem motive or incentive, mental The covert investigation (e.g., marital, financial, employ- health issues may prove focuses on establishing whether ment) that the offender does not significant. the case involves a false allega- have the skills to resolve drives tion crime. Keeping this prong the motivation. Many perpetra- Investigations covert helps to avoid premature- tors have multiple life difficul- Law enforcement offi- ly accusing a legitimate victim ties. Rather than seeking ap- cers may find false allegation of a false allegation, prevent propriate assistance from family crimes complex and difficult to derailing the overt investigation, members, coworkers, clergy unravel. Further, investigators and preserve valuable informa- members, or mental health working closely with offenders tion for the subject interview. professionals, offenders develop may become so emotionally Officers must gather all possible a self-victimization plan. These invested in the case that they details concerning offenders. individuals may realize tempo- have a hard time believing Because false allegation perpe- rary relief from their life prob- that the individual could be trators have serious life prob- lems due to immediate attention deceptive. lems motivating them, the co- and support from family, neigh- vert investigation quietly must bors, and coworkers. And, more identify which issues trouble the often than not, false allegation individual. This type of infor- offenders do not consider the mation proves crucial during the serious, long-term law enforce- A suspected false interview process. Investigators ment investigation or significant allegation requires a need to examine offenders’ per- media coverage that reveals the two-pronged sonal relationships, employment truth. In the long run, offenders “ situation, finances, past criminal approach—covert are worse off than before the history, and other areas of their false allegation crime report and and overt. life to identify any indication of even may face prosecution. abnormal stress. Typically, female offend- Additionally, the covert ers want to gain attention and investigation determines if the sympathy and will falsely allege offender has made other false offenses, such as interpersonal A suspected false allega- allegations or crime reports. violence (e.g., sexual assault), tion requires a two-pronged Officers also should check with more likely to achieve that approach—covert and overt.” local emergency rescue depart- result. While the desire for at- Of course, overt investigation ments or hospital emergency tention and sympathy also can proves necessary in the early rooms to discover any false motivate males, they tend to opt phase of the case before offi- injury or illness reports made by for nonsexual offenses, such as cers identify the complaint as a the individual. As the covert in- physical assault or attempted false allegation. If the claim is vestigation progresses, the lead murder.3 Offenders who falsely legitimate, investigators need investigator responsible for the allege more impersonal crimes, to identify and apprehend the overall coordination of the case like theft or vandalism, more offender. They should use all should receive all information. likely will have financial or normal resources and carefully The experience of NCAVC profit motives. And, in cases protect the reporting victim’s and research related to this phe- where the perpetrator has no reputation. nomenon have shown that false
Load more

Recommended publications
  • Jurisdiction in Criminal Cases Frank Wilson Knapp Cornell Law School
    Cornell Law Library Scholarship@Cornell Law: A Digital Repository Historical Theses and Dissertations Collection Historical Cornell Law School 1893 Jurisdiction in Criminal Cases Frank Wilson Knapp Cornell Law School Follow this and additional works at: http://scholarship.law.cornell.edu/historical_theses Part of the Law Commons Recommended Citation Knapp, Frank Wilson, "Jurisdiction in Criminal Cases" (1893). Historical Theses and Dissertations Collection. Paper 215. This Thesis is brought to you for free and open access by the Historical Cornell Law School at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Historical Theses and Dissertations Collection by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. J URI SD I C TI 0N I N CRI MI N ATL CASES . Soo0oo----- G R A D U A T I N G THESIS OF----- FRANK W I L S 0 N KNAPP oo0oo---- CLASS OF ' 9 3 . CO0R NFlLb U N I V E R S I T Y LAW SCHOOL JURISDICTION IN CR IM I NAb CASES. The question of criminal jurisdiction is one of growing importance from the fact that a citizen of our State can be seriously affected in his property rights, or even have his life put in jeopardy, by the act of another living, a thousand miles away, and in any one of fifty or mare sover- eignties. If a citizen of the United States is killed by an explosive compound sent by a citizen of Russia with an intent to work that result in this country, it is a question of im- portance in which country the guilty offender shall be punish- ed.
    [Show full text]
  • Criminal Law Jurisdiction, Procedure, and the Courts
    CRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS February 2011 Prepared for the Supreme Court of Nevada by Ben Graham Governmental Advisor to the Judiciary Administrative Office of the Courts 775-684-1761, cell# 702-528-2677 Email: [email protected] ARREST, is taking a person into custody to answer to a court of law for a criminal violation for which, if convicted one is subject to punishment. An arrest is the most extreme form of seizure and is restricted just as search and seizure is under the United States and Nevada State Constitution. An arrest, without a warrant, may be made for the commission of a misdemeanor in your presence or upon probable cause for a felony. COURTS: Municipal Court, criminal jurisdiction within the municipality for misdemeanors. Justice Court, criminal jurisdiction for misdemeanors committed within the township, excluding the municipality. Additional jurisdiction to hold preliminary hearings for gross misdemeanors and felonies committed within the township. District Court, criminal jurisdiction for gross misdemeanors and felonies committed within the territorial jurisdiction of the particular District. District Judge can also hear cases from other districts if a change of venue is warranted. Supreme Court, 7 Justices with staggered terms. Currently, sits in 3-judge panels, north and south and en banc, (all justices). Appellate jurisdiction for all civil and criminal cases from District Court. F-2 CLASSIFICATION OF CRIMES: Misdemeanor NRS 193.150: Penalty, 0 to 6 months in jail and/or $1000 fine.* No right to court-appointed attorney, unless jail time in intended upon conviction. Municipal and Justice Court jurisdiction. Conviction appealable to District Court.
    [Show full text]
  • The Element of Locality in the Law of Criminal Jurisdiction." Am
    University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 1889 The leE ment of Locality in the Law of Criminal Jurisdiction Henry W. Rogers University of Michigan Law School Available at: https://repository.law.umich.edu/articles/1142 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, Criminal Law Commons, Jurisdiction Commons, and the Supreme Court of the United States Commons Recommended Citation Rogers, Henry W. "The Element of Locality in the Law of Criminal Jurisdiction." Am. L. Reg. 37 (1889): 22-41. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. CRIMINAL JURISDICTION. THE ELEMENT OF LOCALITY IN THE LAW OF CRIMINAL JURISDICTION. THE Federal Courts have no common law criminal juris- diction. The question was raised in the United States Cir- cuit Court for the District of Pennsylvania, in 1798, in United States v. Worrall, 2 Dallas, 384, and the Court was equally divided in opinion. Iii 1818, Mr. Justice STORY, in United States v. Coolidge, 1 Gallison, 488, decided that there were common law offences against the United States. But this, as we shall see, was overruled by the Supreme Court. As early as 1807, Chief Justice MARSHALL, in Ex parte .Bollman, 4 Cranch, 75, had said, "This Court disclaims all jurisdic- tion not given by the Constitution, or by the laws of the United States.
    [Show full text]
  • Roseburg Police Department Roseburg PD Policy Manual
    Roseburg Police Department Roseburg PD Policy Manual CRIMINAL JUSTICE CODE OF ETHICS As a criminal justice officer, my fundamental duty is to serve humankind; to safeguard lives and property; to protect all persons against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all people to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. Without compromise and with relentlessness, I will uphold the laws affecting the duties of my profession courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence, and never accepting gratuities. I recognize my position as a symbol of public faith, and I accept it, as a public trust to be held so long as I am true to the ethics of The Criminal Justice System. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession.
    [Show full text]
  • Law Enforcement Authority in Indian Country
    Law Enforcement Authority in Indian Country Melissa L. Tatum1 INTRODUCTION The protection order has proven to be an effective tool in the war against domestic violence. A protection order, however, is good only so long as it can be enforced, and enforcement has proven to be a problem when a person travels with a protection order to a different jurisdiction. In an effort to address these problems, and to further boost the effectiveness of protection orders, Congress included in the Violence Against Women Act2 provisions that require full faith and credit for protection orders. While the full faith and credit provisions are a good idea and can solve many problems, they do create some difficulties, especially for law enforcement. Although Congress mandated full faith and credit for protection orders, it left the details of how to accomplish this to each jurisdiction. The only real direction in the federal statute is that each jurisdiction must treat protection orders from other jurisdictions the same as it would its own protection orders. This directive means that all police departments — state, county, and tribal – must examine their procedures and training for dealing with protection orders. After all, law enforcement officers are the front line in dealing with protection orders. Most calls to enforce a protection order or to deal with a violator are placed first to the police, who must then deal with the situation as it unfolds. Only after the police have dealt with the initial emergency does the case arrive on the prosecutor’s desk.3 Each law enforcement department must make sure that its procedures encompass foreign protection orders (that is, orders issued by another jurisdiction) and that its officers are trained in how to recognize and deal with such orders.
    [Show full text]
  • Emergency Judicial Relief for Human Rights Violations in Canada and Argentina René Provost
    University of Miami Law School Institutional Repository University of Miami Inter-American Law Review 7-1-1992 Emergency Judicial Relief for Human Rights Violations in Canada and Argentina René Provost Follow this and additional works at: http://repository.law.miami.edu/umialr Part of the Human Rights Law Commons Recommended Citation René Provost, Emergency Judicial Relief for Human Rights Violations in Canada and Argentina, 23 U. Miami Inter-Am. L. Rev. 693 (1992) Available at: http://repository.law.miami.edu/umialr/vol23/iss3/7 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Inter- American Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. 693 EMERGENCY JUDICIAL RELIEF FOR HUMAN RIGHTS VIOLATIONS IN CANADA AND ARGENTINA REN9 PROVOST* I. INTROD UCTION ....................................................... 694 II. THE LATIN-AMERICAN AMPARO EXPERIENCE .............................. 699 A. Preliminary Considerations ...................................... 699 B. The Development of Amparo in Mexico ........................... 701 1. The Early Development of Amparo ......... .................. 701 2. The Nature and Components of the Mexican Amparo .......... 703 a. The Liberty Amparo (amparo de libertad) ................ 705 b. The Constitutionality Amparo (amparo contra leyes) ....... 705 c. The Judicial or "Cassation" Amparo ...................... 706 d. The Administrative
    [Show full text]
  • Making the State Do Justice Transnational Prosecutions and International Support for Criminal Investigations in Post Armed Confl
    University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2008 Making the State Do Justice Transnational Prosecutions and International Support for Criminal Investigations in Post Armed Conflict Guatemala Naomi Roht-Arriaza UC Hastings College of the Law, [email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Naomi Roht-Arriaza, Making the State Do Justice Transnational Prosecutions and International Support for Criminal Investigations in Post Armed Conflict Guatemala, 9 Chicago Journal of International Law 79 (2008). Available at: https://repository.uchastings.edu/faculty_scholarship/1173 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Making the State Do Justice: Transnational Prosecutions and International Support for Criminal Investigations in Post-Armed Conflict Guatemala Naomi Roht-Arriaza* In November 2006, a local trial court in Guatemala's capital ordered the arrest of the country's ex-President, Oscar Mejia Victores, along with ex- Defense Minister Anibal Guevara, ex-Police Chief Germin Chupina, and ex- head of the Secret Police Pedro Arredondo on charges of genocide, torture, enforced disappearances, arbitrary detention, and terrorism.' The defendants, along with two others whose arrest warrants were not executed, were deeply implicated in the conceptualization and execution of a repressive state strategy that resulted in the deaths of two hundred thousand Guatemalans and the destruction of over four hundred villages. Although the arrest order was carried out through a Guatemalan court, it was issued by a Spanish judge,2 Santiago Pedraz.
    [Show full text]
  • Revised Manual on the Model Treaty on Extradition II
    Revised Manuals on the Model Treaty on Extradition and on the Model Treaty on 1 Mutual Assistance in Criminal Matters 1 The Manuals on the Model Treaties on Extradition and Mutual Assistance in Criminal Matters were reviewed in an Intergovernmental Expert Group Meeting, organized by the United Nations Office on Drugs and Crime (UNODC), in cooperation with the International Association of Penal Law (AIDP), the International Institute of Higher Studies in Criminal Sciences (ISISC) and the Monitoring Centre on Organized Crime (OPCO), and hosted by ISISC in Siracusa, Italy, from 6 to 8 December 2002. The new versions were further updated to include more comprehensive references to the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption. 1 CONTENTS I. Part one: Revised Manual on the Model Treaty on Extradition II. Part two: Revised Manual on the Model Treaty on Mutual Assistance in Criminal Matters III. Part three: Model Treaty on Extradition (as adopted by General Assembly resolution 45/116 and subsequently amended by General Assembly resolution 52/88) IV. Part four: Model Treaty on Mutual Assistance in Criminal Matters (as adopted by General Assembly resolution 45/117 and subsequently amended by General Assembly resolution 53/112) 2 PART ONE Revised Manual on the Model Treaty on Extradition 3 Introduction 1. The Model Treaty on Extradition is an important tool in international cooperation in criminal matters, because of both its contents and structure. Its provisions are the result of a careful assessment of the needs and difficulties of countries in extradition procedures. It imposes clear and concise obligations, and contains acceptable safeguards for the requesting State (to whom extradition cannot be arbitrarily refused), the requested State (which maintains sovereignty and rights to protect persons wanted and nationals from unacceptable detention or treatment) and the person wanted (who has ample opportunity to have his or her particular circumstances examined).
    [Show full text]
  • Uniled Stales Department of the Interioi OFFICE of the SOLICITOR •PORTLAND REGION, 1002 N
    Uniled Stales Department of the Interioi OFFICE OF THE SOLICITOR •PORTLAND REGION, 1002 N. E. HOl.LADAY ST. P.O. Uox 3621, Portland, Oicgon 9720H In reply relet .., September Z^^/fS-.-.x llemorandum To: Director» National Fark Service Pacific Northwest Region From: Office of the Regional Solicitor, Portland Subject: Jurisdiction Regarding Lav Enforcement Within Areas Administered by the National Park Service. You have ashed for our opinion concerning a number of questions dealing with lav; enforcement within areas being administered by the National Park Service. Your questions relate to whether State lavs or Federal lavs are applicable within such areas and v.iiethcr State cr Federal law enforcement officials, or both, have authority to enforce such laws. *• IAWS APPLICABLE DEPETOETIT UPON TYPE OF JURISDICTION INVOLVED To fully answer your inquiries, it is necessary to consider the types of jurisdiction which the Federal Government may possess with regard to lands which are. owned or controlled by the United States and are •being administered by the National Park Service. There are four types of jurisdiction which the Federal Government may possess with regard to lands owned or controlled by the United States; (1) • Exclusive legis­ lative jurisdiction; (2) Concurrent legislative jurisdiction; (3) Partial legislative jurisdiction, and; (4) Proprietary interest only.i/ A* Exclusive Legislative Jurisdiction If the Federal Government has exclusive legislative jurisdiction over an area being administered by the National Park Service, only Federal laws are applicable within that area, and the State can neither define i.er punish crimes within such an area. 2/ 1/ Report of the Interdepartmental Committee for the Study of Jurisdiction Over Federal Areas Within States, Part II, (1937), /hereinafter cited as Report ' of the Interdepartmental Committee/, p.
    [Show full text]
  • The Territorial Principle in Criminal Law, 22 Hastings L.J
    Hastings Law Journal Volume 22 | Issue 5 Article 2 1-1971 The eT rritorial Principle in Criminal Law Rollin M. Perkins Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Rollin M. Perkins, The Territorial Principle in Criminal Law, 22 Hastings L.J. 1155 (1971). Available at: https://repository.uchastings.edu/hastings_law_journal/vol22/iss5/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The Territorial Principle in Criminal Law* By Rollin M. Perkins** THRE are four' different theories of criminal jurisdiction, namely: (1) territorial, (2) Roman, (3) injured forum, and (4) cosmopoli- tan. The territorial theory takes the position that criminal jurisdiction depends upon the place of perpetration. That is, the nation on whose territory the crime was committed has jurisdiction of the offense. It is a logical outgrowth of the conception of law enforcement as a means of keeping the peace. The perpetrator, rather than the place of per- pretration, is the determinant under the Roman theory. A nation, in this view, has jurisdiction over its national wherever he may be and hence can hold him accountable for his criminal misdeed wherever committed. It is a logical outgrowth of the conception of law enforce- ment as a means of disciplining members of the tribe or clan. While sometimes referred to as the "personal" theory, the traditional label is "Roman" because this was the position of the Roman law which held the Roman citizen accountable to it wherever he might be.
    [Show full text]
  • Sex Psychopath" Statute: from the Revolutionary Era to the Present Federal Crime Bill
    Mercer Law Review Volume 46 Number 2 Federal Judicial Independence Article 13 Symposium 3-1995 Historical Perspective of the "Sex Psychopath" Statute: From the Revolutionary Era to the Present Federal Crime Bill Rachel Blacher Follow this and additional works at: https://digitalcommons.law.mercer.edu/jour_mlr Part of the Criminal Law Commons Recommended Citation Blacher, Rachel (1995) "Historical Perspective of the "Sex Psychopath" Statute: From the Revolutionary Era to the Present Federal Crime Bill," Mercer Law Review: Vol. 46 : No. 2 , Article 13. Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol46/iss2/13 This Comment is brought to you for free and open access by the Journals at Mercer Law School Digital Commons. It has been accepted for inclusion in Mercer Law Review by an authorized editor of Mercer Law School Digital Commons. For more information, please contact [email protected]. Comments Historical Perspective of the "Sex Psychopath" Statute: From the Revolutionary Era to the Present Federal Crime Bill I. INTRODUCTION As an historical analysis, this comment begins with a background of the American criminal process from the pre- and post-Revolutionary eras. Along the way, a transformation regarding the views of criminal law and criminals took place. By means of this historical background, the comment further analyzes how the shifting notions during the seventeenth and eighteenth centuries are reflected in modem day sex offender legislation. The comment traces the first "sex psychopath" statute in 1930s' Michigan to the recent federal crime bill that includes legislation for "sexually violent predators." Although the comment reviews the legal significance of the enactment of sex offender legislation, it also makes note of the recurring theme regarding the emergence of these efforts: The public expresses outrage over brutal crimes sensationalized in the media.
    [Show full text]
  • The Pursuit of Justice and Accountability: Why the United States Should Support the Establishment of an International Criminal Court Gerard E
    Hofstra Law Review Volume 27 | Issue 4 Article 7 1999 The Pursuit of Justice and Accountability: Why the United States Should Support the Establishment of an International Criminal Court Gerard E. O'Connor Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation O'Connor, Gerard E. (1999) "The urP suit of Justice and Accountability: Why the United States Should Support the Establishment of an International Criminal Court," Hofstra Law Review: Vol. 27: Iss. 4, Article 7. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol27/iss4/7 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. O'Connor: The Pursuit of Justice and Accountability: Why the United States NOTE THE PURSUIT OF JUSTICE AND ACCOUNTABILITY: WHY THE UNITED STATES SHOULD SUPPORT THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT CONTENTS I. INTRODUCTION ......................................................................... 928 I. A HISTORICAL PERSPECTIVE OF INTERNATIONAL LAW IN THE TWENTIETH CENTURY .................................................. 929 A. The Rome Treaty: A PivotalMoment in InternationalLaw ............................................................. 929 B. War Crime Tribunalsof the Twentieth Century ............... 935 1. World W ar I ................................................................ 935 2. W orld W ar I ............................................................... 939 3. The Cold War and Recent Developments in International Law ........................................................ 944 m. THE ARGUMENTS OF THE UNITED STATES AGAINST THE ICC STATUTE PASSED BY THE ROME CONFERENCE ................ 948 A. Apprehension Over the ICC's Jurisdictionand Fearfor United States Peacekeepers.............................................. 949 1.
    [Show full text]