Juvenile Hate Crimes And Identity-Based Bullying: A Comprehensive Analysis, Peter Efon Elad

Master of Arts in Criminal Justice Leadership

Abstract

This paper examines juvenile hate crimes and identity-based bullying within the criminal justice system (CJS), proposing leadership strategies and an administrative action plan to address these issues. The analysis includes the impact on peers, community, and justice entities, focusing on accountability, diversity, and inclusivity to foster a positive organizational culture and ensure effective implementation. This paper examines the ethical considerations necessary to address juvenile hate crimes and identity-based bullying within the juvenile justice system and related workplaces. It explores the impact of these crimes on victims and communities, the balance between accountability and rehabilitation for offenders, and the role …

Status To Be Determined: Analyzing Indian Status Within The General Crimes Act In A Post-Castro-Huerta Landscape, Joshua Zoeller

Saint Louis University Law Journal

The General Crimes Act, codified at 18 U.S.C. § 1152, is an older statute that pertains to federal criminal jurisdiction over crimes committed in Indian Country. The General Crimes Act is limited in scope as it only applies to cases where the alleged perpetrator of the crime is not a Native American but the victim is determined to be a Native American. But who decides how to label each party as “Indian” or “non-Indian” (to borrow language used in the courts)? And is ‘Indian status’ an element of the statute that the prosecution must prove or is it reserved for …

Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe

Arkansas Law Notes

Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds, Douglas R. Richmond

Georgia State University Law Review

Lawyers’ ethical duty of confidentiality is a fundamental aspect of the attorney-client relationship. It is also an extraordinarily broad duty; indeed, it is broader than the attorney-client privilege. So extensive a duty of confidentiality is necessary to encourage clients to trust their lawyers and to be candid with them. The public also benefits from lawyers’ duty of confidentiality, as a comment to Rule 1.6 of the ABA’s Model Rules of Professional Conduct explains: “Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal …

Legal Nature, Historical Developments Of Expertise And Comparative Analysis Of The Legislation Of Foreign Countries, Astanov Istam Rustamovich, Astanov Shuxrat Rustamovich

ProAcademy

This article is About expertise on criminal affairs is the separate give special status a type of the expertise, different carrying out research from the person possessing special knowledge. Expertise on criminal affairs differs from other types of expertise by that it is appointed and carried out according to strictly and precisely established Code of criminal procedure rather. The part second of article 153 Criminal Procedure Code of Moldova, devote interrogation the expert, consolidates norm on which it is forbidden to make interrogation before submission of the expert opinion and its studying. Fixing of such rule in part the second …

Corruption And Its Manifestations In The Field Of Public Education At The Present Stage Of Development Of The Republic Of Uzbekistan, Abdullayeva Malikabonu Erkin Qizi

ProAcademy

The article deals with the concept and signs of corruption in national and international legislation. Based on the analysis of legal definitions of the concept of corruption, lists of acts of corruption in conjunction with the provisions of the most significant international legal acts that laid the foundations for understanding corruption, an attempt is made to determine the list and content of essential features of this social and legal phenomenon. As significant signs of corruption, the author singled out: social harm (danger), sphere of existence, subject of corruption, subjects, use by the subject of corruption of official (official) powers or …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Pregnancy And The Carceral State, Khiara M. Bridges

Michigan Law Review

A Review of Policing the Womb: Invisible Women and the Criminalization of Motherhood. by Michele Goodwin.

Mediation As An Adversarial Criminal Resolution Method A Comparative Analysis, Anwar Mohamed Al Massaada, Bashher Zaghlool Zaghlool

UAEU Law Journal

Criminal Mediation is a modern legal system that aims to solve criminal disputes through nontraditional means. Such a system can help in avoiding the regular adjudication of crimes via courts. This system was initially applied in Canada in 1974, then in the United States in 1978. Later on, it started to be implemented in nearly all European countries. This system is based on the idea of solving criminal disputes away from the court's process, but at the same time under its supervision. This operation is assigned to a mediator who meets both parties in order to reach an agreement between …

The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow

Articles

Classic crimes like theft and assault are in the first instance wrongs against individuals, not against the state or the polity that it represents. Yet our legal system denies crime victims the right to initiate or intervene in the criminal process, relegating them to the roles of witness or bystander—even as the system treats prosecution as an institutional analog of the interpersonal processes of moral blame and accountability, which give pride of place to those most directly wronged. Public prosecution reigns supreme, with the state claiming primary and exclusive moral standing to call offenders to account for their wrongs. Although …

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Legal Aspect Of Criminal Reconciliation In Offenses Against Public Money In The Jordanian Legislative And United Arab Emirates, Abdullah Ehjelah, Ibrahim Atoum

An-Najah University Journal for Research - B (Humanities)

Research topic focusese on a modern style in the thought of the penal code and it’s a measure which makes reconciliation in the offence against public money. Especially since this technique came as one of the alternative to traditional sanction to combat offenses against the public money. This way depends on a philosophy that dedicate the principle of consensual and the need for the eradication effort and to find ways to end criminal proceedings without penal penalty. As well as giving priority to the financial interst of the state to the idea of societys right to punish the offender. The …

Increasing Case Traffic: Expanding The International Criminal Court's Focus On Human Trafficking Cases, Nadia Alhadi

Michigan Journal of International Law

Human trafficking falls within the jurisdictional competence of the International Criminal Court (“ICC”) as one of the article 7 crimes against humanity, whether committed in an atmosphere of conflict or in times of relative peace. Despite the ICC’s jurisdiction, as well as the globally pervasive nature of peacetime trafficking in particular, the ICC has not yet heard a human trafficking case.

Accountability at the international level, however, is crucial, and the ICC’s oversight has the potential to fill gaps in the current anti-trafficking regime. This note explores this potential, and then examines whether the text of the Rome Statute or …

Saving The United States From Lurching To Another Sentencing Crisis: Taking Proportionaltiy Seriously And Implementing Fair Fixed Penalties, Sandeep Gopalan

Journal of Legislation (University of Notre Dame)

Unabated tough-on-crime policies in the United States for the past two decades in response to a crime problem have now produced another crisis: too many prisoners. Prison gates are currently literally being opened to release prisoners in a bid to ameliorate the unsustainable cost of detaining more than two million Americans. More than 40,000 drug offenders may be released early from prison pursuant to retrospective sentence reductions which have been implemented for no greater reason than the prison walls are crumbling from overuse. Sentencing is the sharp end of the criminal law. It is the domain where the State acts …

The Possibility Of Prosecuting Corporations For Climate Crimes Before The International Criminal Court: All Roads Lead To The Rome Statute?, Donna Minha

Michigan Journal of International Law

Due to rapid developments in climate science, scientists are now able to quantifiably link significant greenhouse gas emissions caused by major oil and gas corporations to specific climate impacts. These scientific advances have been accompanied by the publication of documents and studies suggesting that the oil and gas industry allegedly had knowledge of climate change as early as sixty years ago, and yet it actively worked to promote climate change denial and to delay governmental regulation on this matter. Though climate-related litigation is proceeding against the industry in different jurisdictions, proceedings brought against oil and gas corporations mainly focus on …

The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry

Journal of Race, Gender, and Ethnicity

No abstract provided.

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Relationships Among Patterns Of Criminal Thinking Styles And Recidivism In Non-Violent Offenders On Probation, Dr. Louise Mitsianis

Walden Dissertations and Doctoral Studies

The 3-year rate of recidivism in the United States is around 43%, costing taxpayers millions of dollars every year. The purpose of this study was to investigate the relationship between criminal thinking styles and self-reported recidivism, which included crimes committed that were not reported to authorities. According to Ellis' Rational-Emotive Behavior Therapy theory, behavior is a direct result of cognitive activity. The research question asked what relationship existed between criminal thinking styles and recidivism for post-release non-violent offenders on probation. Using the Psychological Inventory of Criminal Thinking Styles, this study used a non-experimental survey approach, correlating scores from this measure …

New Environmental Crimes Project Data Shows That Pollution Prosecutions Plummeted During The First Two Years Of The Trump Administration, David M. Uhlmann

Other Publications

The latest data from the Environmental Crimes Project at the University of Michigan Law School shows a dramatic drop in pollution prosecutions during the first two years under President Donald J. Trump. The data, which now includes 14 years of cases from 2005–2018, shows a 70 percent decrease in Clean Water Act prosecutions under President Trump, as well as a more than 50 percent decrease in Clean Air Act prosecutions. The data again shows that most defendants charged with pollution crime commit misconduct involving one or more of the aggravating factors identified in my previous scholarship, so prosecutors continue to …

Thoughts, Crimes, And Thought Crimes, Gabriel S. Mendlow

Michigan Law Review

Thought crimes are the stuff of dystopian fiction, not contemporary law. Or so we’re told. Yet our criminal legal system may in a sense punish thought regularly, even as our existing criminal theory lacks the resources to recognize this state of affairs for what it is—or to explain what might be wrong with it. The beginning of wisdom lies in the seeming rhetorical excesses of those who complain that certain terrorism and hate crime laws punish offenders for their malevolent intentions while purporting to punish them for their conduct. Behind this too-easily-written-off complaint is a half-buried precept of criminal jurisprudence, …

Mandamus Muddle: The Mandamus Review Standard For The Federal Crime Victims' Rights Act, Peggy M. Tobolowsky

University of Denver Criminal Law Review

No abstract provided.

Expanding Gender Non-Binary Access In California’S Victim Compensation Program, Vianeth Gonzalez Muro

Capstone Projects and Master's Theses

Monterey County transgender people do not feel supported seeking services at Monterey County District Attorney’s office. Many feel like they are at a higher risk of being victimized, mistreated or discriminated against when seeking services. non-binary people currently have the right to be legally designated as non-binary on their California identification documents, but when seeking services at the DAs office they are not provided that gender option. This creates a negative environment for the transgender community. Many crimes go unreported because of the fear the transgender community has when seeking support and their voices are not being heard. The capstone …

"Declinations With Disgorgement" In Fcpa Enforcement, Karen Woody

Karen Woody

This Article addresses the recent pretrial diversion scheme undertaken by the Department of Justice in conjunction with its Foreign Corrupt Practices Act Pilot Program—specifically, “declinations with disgorgement.” Pursuant to the Pilot Program, the Department of Justice declined to prosecute or even continue an investigation, provided the company disgorge its alleged ill-gotten gains. This Article dissects both the purpose of, and terminology used in, declinations with disgorgement and argues that this novel and creative pretrial diversion is a dangerous conflation of legal remedial theories and terms. A criminal disposition cannot be a declination with attendant penalties because either illegal activity occurred …

Domestic Violence Convictions And Firearms Possession: The Law As It Stands And As It Moves, Kate E. Britt

Law Librarian Scholarship

Legislatures have attempted to curb instances of gun use in fatal and nonfatal domestic violence by passing statutes restricting possession of firearms for perpetrators of domestic violence. This article explains federal and Michigan law as it stands and discusses current efforts to further limit perpetrators’ access to firearms.

The Elusive Object Of Punishment, Gabriel S. Mendlow

Articles

All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute’s elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; …

Atrocity Prevention In The New Media Landscape, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

Journalists have traditionally played a crucial role in building public pressure on government officials to uphold their legal obligations under the 1948 UN Convention on the Prevention and Punishment of Genocide. But over the past twenty years there has been radical change in the media landscape: foreign bureaus have been shuttered, young freelance journalists have taken over some of the work traditionally done by experienced foreign correspondents, and, more recently, the advent of social media has enabled people in conflict-affected areas to tell their own stories to the world. This essay assesses the impact of these changes on atrocity prevention …

Examining The Intersection Of Gender And Age In Victim Blaming, Jerin Lee

Graduate Theses, Dissertations, and Problem Reports

Victim blaming refers to an attributional tendency in which some level of responsibility for a negative outcome is placed on victims (Maes, 1994). Many victims of crimes face stigmatization in the form of blame from friends, acquaintances, the criminal justice system, media, strangers, and even perpetrators of the crimes themselves (e.g., Cross, Parker, & Sansom, 2019; Gordon & Riger, 1991). Victim characteristics, type of crime, and observer characteristics all influence victim blaming tendencies. However, no studies to date have tested whether these factors in combination elicit differential reactions to victims of crimes. The present research tested how the intersection of …

Small Crimes, Big Injustices, Stephanos Bibas

Michigan Law Review

Review of Alexandra Natapoff's Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal.

Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher

Michigan Law Review

Review of David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI.