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Articles 1 - 30 of 324
Full-Text Articles in Law
Contextualizing Restorative Justice Through Diversion Mechanism: A Study Of Indonesia Juvenile Justice System, Faiz Rahman
Contextualizing Restorative Justice Through Diversion Mechanism: A Study Of Indonesia Juvenile Justice System, Faiz Rahman
Indonesia Law Review
Implementation of restorative justice in the juvenile justice system in many countries has undergone its dynamics in the past few decades, including in Indonesia. The enactment of Indonesia Juvenile Justice System Law in mid-2014, which invalidates the 1997 Juvenile Court Law, became a significant point of juvenile justice reformation in Indonesia. The new Law began to shift the retributive paradigm in the Juvenile Court Law, as the previous statutory basis for juvenile justice in Indonesia, to restorative justice paradigm. The new Law introduces the Diversion mechanism as a means to implement the restorative justice approach. This article seeks to discuss …
Developing A Legal Framework Of Personal Data Protection In The Indonesian Criminal Procedure Law, Josua Sitompul
Developing A Legal Framework Of Personal Data Protection In The Indonesian Criminal Procedure Law, Josua Sitompul
Indonesia Law Review
Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to …
23andeveryone: Privacy Concerns With Law Enforcement’S Use Of Genealogy Databases To Implicate Relatives In Criminal Investigations, Shanni Davidowitz
23andeveryone: Privacy Concerns With Law Enforcement’S Use Of Genealogy Databases To Implicate Relatives In Criminal Investigations, Shanni Davidowitz
Brooklyn Law Review
The discovery of DNA typing in the 1980s transformed law enforcement’s ability to exonerate innocent suspects, while implicating those who are guilty, with “the power of a silent biological witness at the crime scene.” This transformation, coupled with the new trend of law enforcement’s use of genealogy databases, has created legal issues that police officers, prosecutors, genealogy companies, and policy makers are all currently trying to navigate. The technological advancement comes with serious ethical and privacy concerns, including fear of the establishment of a “genetic panopticon.” General concern exists that if a “genetic panopticon” comes to fruition, the government can …
Where Are You, Congress?: Silence Rings In Congress As Juvenile Offenders Remain In Prison For Life, Megan R. Pollastro
Where Are You, Congress?: Silence Rings In Congress As Juvenile Offenders Remain In Prison For Life, Megan R. Pollastro
Brooklyn Law Review
Over the last decade, Supreme Court precedent has changed the way courts have sentenced juveniles in the United States. It has failed, however, to clearly establish the proper handling of cases in which juveniles are sentenced to extended periods of time in prison that equate to a de facto sentence of life in prison without parole. Congress has also remained noticeably silent on the issue. Children are not considered mature enough to vote, to drink alcohol, to serve on a jury, and yet, courts treat juvenile offenders as mature enough to pay for their crimes for the remainder of their …
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Brooklyn Journal of International Law
The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …
When Cute Becomes Criminal: Emoji, Threats And Online Grooming, Marilyn M. Mcmahon, Elizabeth A. Kirley
When Cute Becomes Criminal: Emoji, Threats And Online Grooming, Marilyn M. Mcmahon, Elizabeth A. Kirley
Minnesota Journal of Law, Science & Technology
No abstract provided.
Bioethics, Law, And The Opioid Crisis: Revisiting The Concept Of Incarceration Versus Rehabilitation, Zachary J. Krauss
Bioethics, Law, And The Opioid Crisis: Revisiting The Concept Of Incarceration Versus Rehabilitation, Zachary J. Krauss
Bioethics in Faith and Practice
The opioid crisis has taken America by storm and is causing more deaths each year than ever originally anticipated. Our current approach to addressing the opioid crisis involves two separate approaches, one from the medical/rehabilitation side of the problem, and one from the criminal justice side. This article serves as a revisiting of the discussion of the intricate balance that must be reached between rehabilitation and incarceration in order to adequately address the problem.
Comparing The Violent Crime Trends In Select States To The National Trends To Determine Differences Between Crimes, States, And Regions, Alexandra N. Kremer
Comparing The Violent Crime Trends In Select States To The National Trends To Determine Differences Between Crimes, States, And Regions, Alexandra N. Kremer
The Downtown Review
Violent crimes include crimes such as murder, rape, robbery, and assault. The FBI in the UCR breaks these down into Type I, crimes against the person, and Type II, property crimes, offenses. The FBI also divides the country into four regions: West, South, Northeast, and Midwest. Each of these regions are examined, through the use of two states from each, here. Their overall violent crime rates and trends, and their specific Type I offensive rates and trends, are examined against the national data and against each other. Several theories are used to explain the potential causes of the differences in …
Case Law On American Indians August 2018-2019, Thomas P. Schlosser
Case Law On American Indians August 2018-2019, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
University of Denver Criminal Law Review
No abstract provided.
Only Presumed Unreliable: Proving Confrontation Forfeiture With Hearsay, Tim Donaldson
Only Presumed Unreliable: Proving Confrontation Forfeiture With Hearsay, Tim Donaldson
University of Denver Criminal Law Review
No abstract provided.
Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio
Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio
University of Denver Criminal Law Review
No abstract provided.
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
University of Denver Criminal Law Review
No abstract provided.
Front Matter, University Of Denver Criminal Law Journal
Front Matter, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
A Crisis For Women's Rights: Surveying Feticide Statutes For Content, Coverage, And Constitutionality, Lawrence J. Nelson
A Crisis For Women's Rights: Surveying Feticide Statutes For Content, Coverage, And Constitutionality, Lawrence J. Nelson
University of Denver Criminal Law Review
No abstract provided.
Fundamental Since Our Country's Founding: United States V. Auernheimer And The Sixth Amendment Right To Be Tried In The District In Which The Alleged Crime Was Committed, Paul Mogin
University of Denver Criminal Law Review
No abstract provided.
Into The Wild Blue Yonder Of Legal Representation For Victims Of Sexual Assault: Can U.S. State Courts Learn From The Military, Erin Gardner Schenk, David L. Shakes
Into The Wild Blue Yonder Of Legal Representation For Victims Of Sexual Assault: Can U.S. State Courts Learn From The Military, Erin Gardner Schenk, David L. Shakes
University of Denver Criminal Law Review
No abstract provided.
Front Matter, University Of Denver Criminal Law Journal
Front Matter, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
The Peremptory Paradox: A Look At Peremptory Challenges And The Advantageous Possibilities They Provide, Laurel Johnson
The Peremptory Paradox: A Look At Peremptory Challenges And The Advantageous Possibilities They Provide, Laurel Johnson
University of Denver Criminal Law Review
No abstract provided.
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
University of Denver Criminal Law Review
No abstract provided.
Mandamus Muddle: The Mandamus Review Standard For The Federal Crime Victims' Rights Act, Peggy M. Tobolowsky
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.
Tipping The Scale In Favor Civilian Taping Of Encounters With Police Officers, Carol M. Bast
Tipping The Scale In Favor Civilian Taping Of Encounters With Police Officers, Carol M. Bast
University of Denver Criminal Law Review
No abstract provided.
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
University of Denver Criminal Law Review
No abstract provided.
Gang Policing: The Post Stop-And-Frisk Justification For Profile-Based Policing, K. Babe Howell
Gang Policing: The Post Stop-And-Frisk Justification For Profile-Based Policing, K. Babe Howell
University of Denver Criminal Law Review
No abstract provided.
Front Matter, University Of Denver Criminal Law Journal
Front Matter, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.