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Full-Text Articles in Law
Reproductive Crimes, Hayden Golemon
Reproductive Crimes, Hayden Golemon
JCLC Online
For centuries, American criminal law has operated with little to no reference to reproductive rights—a person’s right to decide if, when, how, and with whom to reproduce. Criminal law today only recognizes the violation of this right in one circumstance: during the sexual assault of a woman that results in a pregnancy. This lack of sensitivity to reproductive rights yields unjust results between cases of sexual assault as well as in situations where only reproductive (but not sexual) rights are violated, such as withholding birth control after consensual sex. By implementing statutes that justly account for the respective burdens of …
White-Collar Crime, Sentencing Gender Disparities Post-Booker, And Implications For Criminal Sentencing, Sarah Turner
White-Collar Crime, Sentencing Gender Disparities Post-Booker, And Implications For Criminal Sentencing, Sarah Turner
JCLC Online
“White-collar crime” is an amorphous term that has yet to be conclusively defined since its first use in 1939. This category of criminal activity results in what can be characterized as either economic harm or an impediment to the government’s ability to run successfully while minimizing conflicts of interest. Sentencing of white-collar crimes came into question in the late twentieth century due to a perception that white-collar offenders were receiving much lower sentences than offenders committing more traditional crimes. Additionally, the relationship between sentencing outcomes and status characteristics like race, age, citizen status, and gender were cause for concern. Different …
The Need For Fairness And Accuracy For Women In Sentencing: Surmounting Challenges To Gender-Specific Statistical Risk Assessment Tools, Elizabeth E. Wainstein
The Need For Fairness And Accuracy For Women In Sentencing: Surmounting Challenges To Gender-Specific Statistical Risk Assessment Tools, Elizabeth E. Wainstein
JCLC Online
States across the country have increasingly adopted statistical risk assessment tools in multiple stages of their criminal legal systems with the hope of reducing incarceration without increasing crime. These tools use various characteristics to estimate an individual’s future risk of recidivism, and judges consider the results of these assessments when determining levels of custody or community supervision for convicted individuals. Despite much debate amongst academics and activists on the utility and fairness of these tools, one critique seems beyond debate: the tools are built for men, not women. These tools are based on criteria, statistics, and theory drawn from the …
The Neuroscience Of Trauma Supports Diminished Capacity As A Nuanced Approach To The Icc Case Of An Ex-Child Soldier, Lee Hiromoto, Ramail Siddiqui, Landy F. Sparr
The Neuroscience Of Trauma Supports Diminished Capacity As A Nuanced Approach To The Icc Case Of An Ex-Child Soldier, Lee Hiromoto, Ramail Siddiqui, Landy F. Sparr
JCLC Online
The 2021 conviction of former child soldier Dominic Ongwen by the International Criminal Court (ICC) for war crimes committed as an adult commander in the Lord’s Resistance Army in Uganda raises questions about the ICC’s approach to mental illness. During his trial, the defendant unsuccessfully raised defenses of insanity and duress, based on his kidnapping into the militant group as a child. The court rejected not only those defenses, but also the claim that he had mental illness at all, in spite of his traumatic childhood. Integrating scientific research, we argue that both the ICC and the defense failed to …