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Selected Works

2009

Criminal Law

Articles 31 - 60 of 63

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Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr. Jun 2009

Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.

Donna M. Hughes

On Thursday (June 18, 2009), Governor Carcieri held a press conference to support Gianinni’s prostitution bill (H 5044A) and her House trafficking bill (H 5661A). Giannini’s bill will create laws against prostitution to “close the loophole” as it is often referred to. Joining the governor were Representative Joanne Giannini, the sponsor of the bills, Stacey Pires Veroni, Assistant Attorney General, Col. Doherty, Superintendent of the Rhode Island State Police, Representative Roberto DaSilva, and Donna M. Hughes, Professor at the University of Rhode Island. 

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Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr. Jun 2009

Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr.

Donna M. Hughes

Prostitution is harmful to individuals involved, their families and the community. It is not a victimless activity or just a private sex act. Up to 90% of women in prostitution are beaten and raped by pimps and the men who buy sex. Approximately 90% are addicted to drugs and alcohol. They suffer depression and hopelessness; suicide attempts are common. For visual, physical evidence of the harm caused by prostitution, please look at this collection of serial photographs of prostitutes as they are being destroyed over time by prostitution and drug use. 

Because of decriminalized prostitution indoors, the sex industry is …

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Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr. Jun 2009

Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr.

Donna M. Hughes

 In 2007, the Rhode Island General Assembly passed an anti-human trafficking law. To date, there have been no prosecutions. There are three serious problems with the present Rhode Island law that need to be remedied in order to effectively combat human trafficking. 

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Repressive Laws In India, Saumya Uma May 2009

Repressive Laws In India, Saumya Uma

Dr. Saumya Uma

The ‘repressive laws’ chapter focuses on typical characteristics of repressive laws, laws related to preventive detention, anti-terror laws, security and other stringent laws, and highlights (but does not discuss) other repressive laws and policies. A discussion on campaigns on repressive laws and the role of the judiciary, dealt with in this chapter, is intended to give the readers a feel of the ground realities, and the challenges faced by civil society with regard to such laws and their negative impact on human rights. While arguing that draconian / stringent laws negatively impact the enjoyment of human rights both through objectionable …

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Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr. Apr 2009

Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Because of decriminalized prostitution, the number of places where there is indoor prostitution is rapidly increasing. The following is a partial list that demonstrates the escalating problem in Rhode Island, particularly since the Korean spa-brothels are known to be connected to Asian organized crime.

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The Case Of Weak Will And Wayward Desire., Vera Bergelson Mar 2009

The Case Of Weak Will And Wayward Desire., Vera Bergelson

Vera Bergelson

In this article, I confront Garvey¡¯s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey¡¯s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey¡¯s …

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Rights, Wrongs, And Comparative Justifications, Vera Bergelson Mar 2009

Rights, Wrongs, And Comparative Justifications, Vera Bergelson

Vera Bergelson

The goal of this article is to rethink the relationship between the concepts of justification and wrongdoing, which play vital roles in the theory of criminal law. Reading George P. Fletcher’s new book, The Grammar of Criminal Law, in the context of his earlier scholarship has led me to one major disagreement with Fletcher as well as with the traditional criminal law doctrine: for Fletcher and many others, wrongdoing and justification mutually exclude each other; for me, they do not. Consider a hypothetical: a group of people are captured by criminals. The criminals are about to kill everyone but then …

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The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi Mar 2009

The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi

Mark F. Grady

One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …

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20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas Jan 2009

20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon


Objectives: The purpose of the study was to examine differences between maltreated and nonmaltreated children’s ability to differentiate emotionally evocative fantastic and real events.
Methods: Four- and 5-year-old (n = 145) maltreated and nonmaltreated children viewed images depicting positive and negative fantastic and real events and reported whether the events could occur in real life and how the images made them feel. Children also completed a measure of verbal ability.
Results: Maltreated children were more accurate than nonmaltreated children in stating that negative real events could occur, but less accurate in stating that frightening fantastic events …

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Aborto, Enrique Varsi Jan 2009

Aborto, Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.

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We're Still Not Doing Right By Our Vets, C. Peter Erlinder Jan 2009

We're Still Not Doing Right By Our Vets, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

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Confusing Cause And Effect, Lawrence Rosenthal Dec 2008

Confusing Cause And Effect, Lawrence Rosenthal

Lawrence Rosenthal

This brief essay commenting on Paul Butler's article, "Race Based Jury Nullification: Black Power in the Criminal Justice System," prepared for the Criminal Law Conversations project, argues that Professor Butler's proposal of race-based jury nullification to address the African-American community's perception of racial injustice in the administration of the criminal laws, particularly the drug laws, confuses cause and effect. The most important cause of African-American dissatisfaction with the criminal justice system is its inability to keep inner-city communities safe. A regime of race-based jury nullification, in turn, would aggravate rather than ameliorate this serious problem.

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Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow Dec 2008

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Janine Kim

This Essay examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The Essay then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …

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Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson Dec 2008

Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.

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The Legislature Strikes Back: The Effect Of Ontario’S Bill 152 On The Beneficiaries Of The Statutory Duty Of Care In The Peoples Decision, Darcy L. Macpherson Dec 2008

The Legislature Strikes Back: The Effect Of Ontario’S Bill 152 On The Beneficiaries Of The Statutory Duty Of Care In The Peoples Decision, Darcy L. Macpherson

Darcy L MacPherson

No abstract provided.

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Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala Dec 2008

Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala

John F. Nivala

No abstract provided.

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The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain Dec 2008

The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain

Corinna Lain

Conventional wisdom is that outside the Eighth Amendment context, the Supreme Court does not engage in the sort of explicitly majoritarian state nose-counting for which the “evolving standards of decency” doctrine is famous. Yet this impression is simply inaccurate. Across a stunning variety of civil liberties contexts, the Court routinely—and explicitly—bases constitutional protection on whether a majority of states agree with it. This Article examines the Supreme Court’s reliance on the majority position of the states to identify constitutional norms, then turns to the qualifications, explanations, and implications of state polling as a larger doctrinal phenomenon. While the past few …

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Disability Through The Eyes Of The Law: A Review Of Federalism, Democracy And Disability Policy In Canada, Darcy L. Macpherson Dec 2008

Disability Through The Eyes Of The Law: A Review Of Federalism, Democracy And Disability Policy In Canada, Darcy L. Macpherson

Darcy L MacPherson

This piece reviews Federalism, Democracy and Disability Policy in Canada, an edited collection of essays dealing with various aspect of disability policy issues through the lens of the relationship between the levels of government in Canada

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Secret Indictments: How To Discourage Them, How To Make Them Fair, John T. Stinson Dec 2008

Secret Indictments: How To Discourage Them, How To Make Them Fair, John T. Stinson

John T Stinson Jr.

This article reveals an overlooked problem in federal criminal procedure that permits the government to indict individuals in secret and stall prosecutions to the detriment of fundamental rights. Constitutional and statutory protections ensure that criminal prosecutions in America are swift, open, and subject to thorough confrontational testing. Rule 6 of the Federal Rules of Criminal Procedure, however, permits the open-ended cloaking of criminal indictments following an ex parte government request for a seal. Court interpretations of Rule 6 sealing have further eroded fundamental protections by declaring that a showing of substantial prejudice by a criminal defendant will be the only …

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Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar Dec 2008

Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

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What Is Wrong With Tax Evasion?, Stuart Green Dec 2008

What Is Wrong With Tax Evasion?, Stuart Green

Stuart Green

This talk, originally delivered at a University of Houston symposium on tax crimes, asks why the norms that underlie our laws against tax evasion are so seemingly unstable. Ten reasons are offered: (1) tax evasion is difficult to distinguish from tax avoidance, (2) the conduct that underlies the crime of tax evasion is complex, (3) choate and inchoate liability are conflated, (4) a heightened mens rea of "willfulness" is required, (5) the level of enforcement is low, (6) enforcement practices are arbitrary and uneven, (7) criminal and civil violations are not clearly distinguished, (8) there is a sense that "everyone …

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Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini Dec 2008

Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini

Brian Gallini

No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This Essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution. Part I highlights certain features of the statute and explores the rationale underlying its enactment. Part II discusses the only published decision upholding the practice of taking of DNA samples from certain …

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Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini Dec 2008

Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini

Brian Gallini

No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This brief essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution.

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Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini Dec 2008

Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini

Brian Gallini

This Essay first argues that Arkansas has yet to conclusively articulate when a prosecutorial suppression of evidence in response to defense counsel's discovery request violates either the federal or state due process clauses, or the state rules of criminal procedure. More importantly, however, this Essay contends that the Arkansas Supreme Court should require prosecutors to turn over all statements in response to a specific discovery request even if those statements are only arguably “material” and “favorable to the accused.” Doing so would provide to defendants more protection pursuant to the Arkansas Constitution than they now enjoy under the Federal Constitution. …

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From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini Dec 2008

From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini

Brian Gallini

How exactly should we teach the first-year criminal law course? How many credits should the course receive? What should go in the syllabus? How much of what is in the syllabus must be covered? In this essay, I humbly offer some thoughts – from the “newbie’s” standpoint – for your consideration in response to each of these questions. I conclude with some limited comments (reminders?) directed gently to my senior colleagues about teaching this generation of first-year law students.

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10. Witnesses, Children As Legal., Thomas D. Lyon Dec 2008

10. Witnesses, Children As Legal., Thomas D. Lyon

Thomas D. Lyon

Child witnesses present challenges for both law and psychology. The question is how to elicit statements from children without sacrificing the truth, the rights of those against whom the child is testifying, and the welfare of the child.

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11. Abuse Disclosure: What Adults Can Tell., Thomas D. Lyon Dec 2008

11. Abuse Disclosure: What Adults Can Tell., Thomas D. Lyon

Thomas D. Lyon

This book chapter reviews 14 retrospective surveys inquiring into respondent’s child abuse experiences and whether they ever disclosed abuse as children. I discuss the advantages of retrospective surveys (representativeness, reduced likelihood of false allegations, reduced suspicion bias). However, I also emphasize the likelihood of survey reluctance, and explain how this biases upwards estimates of abuse victims’ prior disclosure. If respondents who previously disclosed abuse are more likely to acknowledge abuse to a surveyor than respondents who never previously disclosed abuse, respondents who acknowledge abuse are disproportionately likely to be those who have previously disclosed. Difficulties notwithstanding, the research supports the …

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9. Authors’ Response To Vieth, Thomas D. Lyon Dec 2008

9. Authors’ Response To Vieth, Thomas D. Lyon

Thomas D. Lyon

In 2007, Lamb, Orbach, Hershkowitz, Esplin, and Horowitz published in Child Abuse & Neglect a review of empirical research on the National Institute of Child Health and Development (NICHD) Investigative Interview Protocol in which they provided extensive research supporting the conclusion that the NICHD Protocol “comprises a useful and usable set of guidelines that allow trained interviewers to conduct investigative interviews that hew more closely than they otherwise would to universally endorsed professional guidelines” (p. 1212).

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19. Young Children’S Competency To Take The Oath: Effects Of Task, Maltreatment, And Age., Thomas D. Lyon, Nathalie Carrick, Jodi A. Quas Dec 2008

19. Young Children’S Competency To Take The Oath: Effects Of Task, Maltreatment, And Age., Thomas D. Lyon, Nathalie Carrick, Jodi A. Quas

Thomas D. Lyon

This study examined maltreated and non-maltreated children’s (N = 183) emerging understanding of ‘‘truth’’ and ‘‘lie,’’ terms about which they are quizzed to qualify as competent to testify. Four- to six-year-old children were asked to accept or reject true and false (T/F) statements, label T/F statements as the ‘‘truth’’ or ‘‘a lie,’’ label T/F statements as ‘‘good’’ or ‘‘bad,’’ and label ‘‘truth’’ and ‘‘lie’’ as ‘‘good’’ or ‘‘bad.’’ The youngest children were at ceiling in accepting/rejecting T/F statements. The labeling tasks revealed improvement with age and children performed similarly across the tasks. Most children were better able to evaluate ‘‘truth’’ …

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Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant Dec 2008

Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant

Michelle Gallant

This paper examines the decision in Chatterjee v. Ontario (Attorney General), which upheld the constitutionality of provincial legislation permitting the pursuit of civil actions in response to criminal activity. The legislation in question, Ontario's Civil Remedies Act, enabled the pursuit of money remedies for criminal activities through civil legal proceedings. The Supreme Court of Canada in Chatterjee examined whether or not provincial legislation permitting civil actions for breaches of the federal Criminal Code was ultra vires provincial jurisdiction. This paper provides an overview and an analysis of the Chatterjee decision.

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