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Articles 31 - 60 of 1986
Full-Text Articles in Entire DC Network
Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross
Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross
South Carolina Law Review
No abstract provided.
Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg
Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg
Roni M Rosenberg
The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction -- subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant …
Tracing The Roots Of The Criminalization Of Poverty [Reviews], Wendy A. Bach
Tracing The Roots Of The Criminalization Of Poverty [Reviews], Wendy A. Bach
Scholarly Works
No abstract provided.
Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan
Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The U.S. Supreme Court’s landmark case of Miranda v. Arizona created a culture in which police officers regularly warn arrestees that they have a right to remain silent, that anything they say can and will be used against them in a court of law, that they have the right to an attorney, and that if they cannot afford one, an attorney will be appointed to them. These Miranda warnings have a number of possible effects. The warnings are meant to inform suspects about negative consequences associated with speaking to the police without the assistance of counsel. In this sense they …
An Argument Against Civil Marriage, J. David Bleich
An Argument Against Civil Marriage, J. David Bleich
Faculty Articles
No abstract provided.
Punishing On A Curve, Adi Leibovitch
Punishing On A Curve, Adi Leibovitch
Virginia Journal of Criminal Law
Does the punishment of one defendant change because of how she fares in comparison to the other defendants on the judge’s docket? This article demonstrates that the troubling answer is yes. Judges sentence the same case more harshly when their caseloads contain relatively milder offenses, and more leniently when their caseloads contain more serious crimes. I call this problem “punishing on a curve.”
Consequently, the article shows how such relative sentencing patterns put into question the prevailing practice of establishing specialized courts or courts of limited jurisdiction. Because judges are punishing on a curve, the court’s jurisdiction systematically shapes sentencing …
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Faculty Articles
As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …
Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin
Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin
D'Andre Devon Lampkin
This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
D'Andre Devon Lampkin
The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.
Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich
Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich
Michael L Rich
At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when reasonable …
The Culture Of Mass Incarceration: Why "Locking Them Up And Throwing Away The Key" Isn't Working And How Prison Conditions Can Be Improved, Melanie M. Reid
The Culture Of Mass Incarceration: Why "Locking Them Up And Throwing Away The Key" Isn't Working And How Prison Conditions Can Be Improved, Melanie M. Reid
Melanie M. Reid
No abstract provided.
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Rebecca Sharpless
The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow
The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow
Kevin Crow
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
Brendan M. Conner
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi
Mark L Noferi
Rehabilitation Of Illicit Behaviours In The Post-Rtl Era: Disputes And Proposals, Zhenjie Zhou
Rehabilitation Of Illicit Behaviours In The Post-Rtl Era: Disputes And Proposals, Zhenjie Zhou
Zhenjie ZHOU
How to rehabilitate illicit behaviours that were subject to the re-education through labour system has been a topic of rigorous debate since the abolition of the system. Proposals brought forward so far can generally be categorised into a criminalisation approach and an administrative approach. This article asserts that the rehabilitation of these behaviours shall strictly observe principles of efficiency, transparency and fairness and proposes that the Legislature adopt the Law on Correction of Illicit Behaviour under pilot implementation to consign illicit behaviours that were subject to the re-education through labour system to a mixed decision-making procedure. This will constitute a …
A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan
A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan
Eliza Duggan
In 2014, Tennessee became the first state to criminalize the use of narcotics during pregnancy. While women have been prosecuted for the outcomes of their pregnancies and for the use of drugs during pregnancy in the past decades, Tennessee is the first state to explicitly authorize prosecutors to bring criminal charges against pregnant women if they use drugs. This Article suggests that this new maternal crime is reflective of a social and political paradigm called “maternalism,” which enforces the idea that women are meant to be mothers and to perform motherhood in a particular fashion. This concept has developed from …
Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein
Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein
South Carolina Law Review
No abstract provided.
To Tell You The Truth, Federal Rule Of Criminal Procedure 24(A) Should Be Amended To Permit Attorneys To Conduct Voir Dire Of Prospective Jurors, C. J. Williams
To Tell You The Truth, Federal Rule Of Criminal Procedure 24(A) Should Be Amended To Permit Attorneys To Conduct Voir Dire Of Prospective Jurors, C. J. Williams
South Carolina Law Review
No abstract provided.
Israel, Palestine And The Icc., Maria Isidora Thomas
Israel, Palestine And The Icc., Maria Isidora Thomas
Maria A Thomas Mrs
Academic Research with Professor Maximo Langer about the recent incorporation of Palestine to the ICC and the possible effects on its relations with Israel and the ongoing conflict.
Should Juveniles Be Transferred To Adult Criminal Court In The Criminal Justice System?, Buki Baruwa
Should Juveniles Be Transferred To Adult Criminal Court In The Criminal Justice System?, Buki Baruwa
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Race And The Death Penalty: An Empirical Assessment Of First Degree Murder Convictions In Tennessee After Gregg V. Georgia, Hemant Sharma, John M. Scheb Ii, David J. Houston, Kristin Wagers
Race And The Death Penalty: An Empirical Assessment Of First Degree Murder Convictions In Tennessee After Gregg V. Georgia, Hemant Sharma, John M. Scheb Ii, David J. Houston, Kristin Wagers
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Challenging The Federal Prohibition Of Gun Ownership By Nonviolent Felons, Conrad B. Kahn
Challenging The Federal Prohibition Of Gun Ownership By Nonviolent Felons, Conrad B. Kahn
South Texas Law Review
No abstract provided.
Modifying Unjust Sentences, E. Lea Johnston
Modifying Unjust Sentences, E. Lea Johnston
E. Lea Johnston
The United States is in the midst of an incarceration crisis. Over-incarceration is depleting state budgets and decimating communities. It has also led to the overfilling of prisons, which has degraded conditions of confinement, increased violence, and reduced access to needed medical and mental health care. Judicial sentence modification offers a means to address both the phenomenon of over-incarceration and harsh prison conditions that threaten unjust punishment. Indeed, some legislatures have framed states’ early release provisions as fulfilling goals of proportionality and just punishment. Proportionality is also an express purpose of the proposed Model Penal Code provisions on judicial sentence …
Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe
Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
This paper covers a significant but generally unknown and understudied caesure in the development of international criminal law occurred during the Boxer Rebellion, an anti-Western and anti‑Christian peasant insurgency mostly located in Northeast China. During the early stages of the Chinese intervention, at a time when the relief force was still bogged down in Beijing, approximately seventy Christians were gruesomely murdered in Paoting-fu. Securing and “punishing” the city became a priority for Western military forces, who began the necessary short march southward once Beijing’s Legation Quarter was cleared of Boxers. The Poating-fu operation could have taken the form of the …
The Hidden Psychology Of Constitutional Criminal Procedure, Tonja Jacobi, Jesse-Justin Cuevas
The Hidden Psychology Of Constitutional Criminal Procedure, Tonja Jacobi, Jesse-Justin Cuevas
Tonja Jacobi
There is vast empirical evidence of the difference in men and women’s perceptions of and responses to police authority, their speech patterns and conduct. Yet these differences are rarely reflected in constitutional criminal procedure law, despite many of its rules hinging on a person’s manner of expression or subtleties of behavior. Similar evidence exists for the systematic impact of juvenile status and intellectual disability, but only modest and ad hoc consideration has been given to these factors. The result is that the “reasonable person” is actually implicitly a white male, adult and able-minded. His speech and conduct are treated as …
Miranda 2.0, Tonja Jacobi
Miranda 2.0, Tonja Jacobi
Tonja Jacobi
Fifty years after Miranda v. Arizona, significant numbers of innocent suspects are falsely confessing to crimes while subject to police custodial interrogation. Critics on the left and right have proposed reforms to Miranda, but few such proposals are appropriately targeted to the problem of false confessions. Using rigorous psychological evidence of the causes of false confessions, this article analyzes the range of proposals and develops a realistic set of reforms directed specifically at this foundational challenge to the justice system. Miranda 2.0 is long overdue; it should require: warning suspects how long they can be interrogated for; delivering …
Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.
Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.
Surabhi Chopra Prof.
DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA
This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.
I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Keith A Findley
Learning about the flaws in the criminal justice system that have produced wrongful convictions has progressed at a dramatic pace since the first innocent individuals were exonerated by postconviction DNA testing in 1989. Application of that knowledge to improving the criminal justice system, however, has lagged far behind the growth in knowledge. Likewise, while considerable scholarship has been devoted to identifying the factors that produce wrongful convictions, very little scholarly attention has been devoted to the processes through which knowledge about causes is translated into reforms.
Using eyewitness misidentification—one of the leading contributors to wrongful convictions and the most thoroughly …
Dying To Appeal: The Long-Lasting And Ineffective Appeal Process Of The Death Sentence, Marlene Brito
Dying To Appeal: The Long-Lasting And Ineffective Appeal Process Of The Death Sentence, Marlene Brito
Marlene Brito
The appeal process for death sentences in Florida must be revised to correct the ineffectiveness that is currently in place. The long-lasting procedure allows inmates to indefinitely delay their execution and live via the appeal process for over fifteen years because the statute does not provide a definite time limit. The comment discusses the death penalty in the United States, the jury override law and its consequences, the appeal process itself, and proposes an amendment to section 921.141, Florida Statutes.