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Articles 1 - 30 of 452
Full-Text Articles in Law
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 …
Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney
Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney
Jeffrey K Gurney
Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms.In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they should …
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 …
Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo
Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo
¿Qué sentido tiene que la oficial americana inculpe a un musulmán de un ilícito que posiblemente no cometió? ¿Qué sentido tiene generar un conflicto con los musulmanes, si la Santa Sede mantiene un diálogo interreligioso, respetuoso y pacífico con los musulmanes?
Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd
Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd
Ruben B Botello JD
SUBJECT: Ramsey Muniz, Prisoner #40288-115 Mr. President: We pray you and your loved ones are doing well. The 1994 Three Strikes law used, to sentence Mr. Ramsey Muniz (Federal Prisoner #40288-115) should never have been applied to his case according to U.S. Assistant Attorney General Jo Ann Harris. (see her below 1995 Memo to all U.S. lawyers) Furthermore, this federal Three Strikes law now held unconstitutional by the U.S. Supreme Court, in Johnson vs. United States, June 26, 2015 (see http://www.supremecourt.gov/opinions/14pdf/13-7120_p86b.pdf). It was enacted, to put serious violent felons behind bars for life, not defendants like Mr. Muniz who was …
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 …
Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan
Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan
Lee N Gilgan
This study would add to available research regarding recidivism rates following incarceration in private prisons in contrast to incarceration in government-run prisons. This is a non-experimental meta-analysis viewing numerous studies discussing the effects of multiple covariants within public and private prisons. Based on the information and conclusion in these studies, we find that there is little overall consensus concerning the effects of increased privatization on recidivism. While many studies find certain aspects of privatization to have some potential effect on recidivism, there are many other aspects that either are out of scope or have a negative effect on recidivism. However, …
Revealing The Rapist Next Door: Property Impacts Of A Sex Offender Registry, Susan Yeh
Revealing The Rapist Next Door: Property Impacts Of A Sex Offender Registry, Susan Yeh
Susan Yeh
How do homebuyers respond to perceived crime risks about sex offenders in the neighborhood? I evaluate local property and crime responses to Internet sex offender registry listings. Among more permanent listings, a nearby offender depresses house prices by up to 4 percentage points. I document that the majority of registered sex offenders are transient, with durations of less than 6 months at an address. While a growing literature suggests that housing stability is important in reducing criminal behavior, the market perceives heightened crime risks to be attached to the listings of registered offenders with more stable housing, but not to …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Do We Know How To Punish?, Benjamin L. Apt
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …
Reflexiones Con Respecto Al Equilibrio De Poderes Y Los Procesos Contra Aforados.®, Daniel Fernando Gómez Tamayo
Reflexiones Con Respecto Al Equilibrio De Poderes Y Los Procesos Contra Aforados.®, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo
¿Puede Ernesto Samper pizano recibir dinero del cartel de Cali para financiar la campaña presidencial? ¿Puede el congreso precluir la investigación contra el dirigente liberal? ¿Cuál era el interés de la Primera Dama de la Nación de ese entonces en unos predios que administraban entidades públicas?
The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Mike C. Materni
The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Mike C. Materni
Mike C Materni
Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy; but rather, in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the criminal …
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Jeffrey C. Grass JD, MS, ACLM
Since January 2014, nationwide law enforcement operations have been conducted targeting drug trafficking organizations operating in communities across the country. The Drug Enforcement Administration (“DEA”), Customs and Border Protection, Immigration and Customs Enforcement (“ICE”), Homeland Security Investigations (“HSI”), Federal Bureau of Investigation (“FBI”), Internal Revenue Service (“IRS”), with other federal, state, and local partners announced the culmination of Project Synergy Phase II, an ongoing law enforcement operation targeting every level of the global synthetic designer drug market. The DEA Special Operations Division (“SOD”) working with the DEA Office of Diversion Control (“ODC”) has served arrest and search warrants in thirty-five …
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm
Jeffrey C. Grass JD, MS, ACLM
n order to convict an individual of distribution of a controlled substance analogue, must the government prove that the individual knew that the substance constituted a controlled substance analogue, or is it sufficient merely to prove that the individual distributed the substance with the intention that it be for human consumption?
Interessi Corrispettivi E Moratori, Tasso-Soglia Usura E Clausola Penale, Valerio Sangiovanni
Interessi Corrispettivi E Moratori, Tasso-Soglia Usura E Clausola Penale, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
Jaimie K. McFarlin
This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.
0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff
0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff
Theodore Y. Blumoff
Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers …
Jones, Lackey, And Teague, Richard Broughton
Jones, Lackey, And Teague, Richard Broughton
Richard Broughton
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
Statute Of The International Criminal Court Is Complementary To National Criminal Laws, Mamoun Mohammad Abuzeitoun Dr.
Statute Of The International Criminal Court Is Complementary To National Criminal Laws, Mamoun Mohammad Abuzeitoun Dr.
Mamoun Mohammad Abuzeitoun Dr.
Abstract The Charter of the International Criminal Court supplements national laws in respect of serious criminal crimes. This is underlined by articles 1 and 17 of the Charter. Yet, the practice of the ICC shows that international crimes may be prosecuted in certain cases while other cases are excluded on the ground that the conditions for legal prosecution under the Charter are not satisfied. Hence, a question arises as to whether the Charter constitutes an objective and actual supplement to national laws or a possible supplement depending on international economic and political relations.
Drag Racing, Assumption Of Risk, And Homicide, Roni M. Rosenberg
Drag Racing, Assumption Of Risk, And Homicide, Roni M. Rosenberg
Roni M Rosenberg
U.S. courts are divided with regard to the question of whether it is appropriate to convict a participant in a drag race of homicide for the death of another participant. The context is not one in which decedent is killed as a result of colliding with the defendant; rather the death is cause by a collision with a third party or a guard rail. The controversy revolves around on central question: whether there is a causal connection between defendant's participation in the race and the death of decedent. Courts that convict of manslaughter hold that such a causal connection exists, …
One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell
One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell
Steve R Darnell
Only eight states continue to rely on the judicial system to suspend a drunken driver’s license instead of an administrative process. Federal agencies and special interest groups such as Mothers Against Drunk Driving (MADD) and the Insurance Institute for Highway Safety press for Administrative License Suspension (ALS) laws arguing these laws reduce drunken driving. While some research supports this view, there is an equally and more compelling literature indicating ALS laws are not effective in reducing drunken driving. This study analyzed data from eight states that have adopted ALS laws to determine if the ALS laws reduced drunken driving. A …
El Derecho Penal Y La Afectación Al Debido Proceso, Ramiro De Valdivia Cano
El Derecho Penal Y La Afectación Al Debido Proceso, Ramiro De Valdivia Cano
Ramiro De Valdivia Cano
El Debido Proceso es una garantía de la correcta administración de justicia y una herramienta fundamental del Estado Constitucional de Derecho. El Derecho Penal debe guardar armonía plena con el Debido Proceso, como lo propone en su obra el Dr. Pedro Puente.
The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Ali Reza Najariyan, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi
The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Ali Reza Najariyan, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi
ali reza najariyan
Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in …
The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi
The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi
ali reza najariyan
Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in …
The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi
The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi
ali reza najariyan
Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in …
Use Common Sense Application Of The Law Of General And Specific, Saeed -. Kheradmandy, Ali Asghar Azamy, Kheiry Khazayi
Use Common Sense Application Of The Law Of General And Specific, Saeed -. Kheradmandy, Ali Asghar Azamy, Kheiry Khazayi
ali reza najariyan
One of the topics of discussion in general terms about the principles of jurisprudence and legal general and specific the fruits of a lot of it is applied. When word depending on its context implies gather people and learn all at once, like "everyone" this word calling the general, some people take the common, such as "some scientists" calling the special. Including general and specific traits that may have been the subject of the sentence and circle strive to implement it widely.
Giving Mental Culpability The Bird: How State V. Bird Secures The Presumption That Traffic Offenses Are Strict Liability, Jonathan R. Hornok, Mariah L. Hornok
Giving Mental Culpability The Bird: How State V. Bird Secures The Presumption That Traffic Offenses Are Strict Liability, Jonathan R. Hornok, Mariah L. Hornok
Jonathan R. Hornok
The Utah Supreme Court, in its recent opinion in State v. Bird (Bird II), 2015 UT 7, 345 P.3d 1141, has put to rest a decade’s long error in Utah Traffic Code case law. Overturning prior Utah Court of Appeals precedent in State v. Vialpando, 2004 UT App 95, 89 P.3d 209, and State v. Bird (Bird I), 2012 UT App 239, 286 P.3d 11, the high court declared that traffic offenses are presumed to be strict liability.
There Goes The Neighborhood: Florida's Crackdown On Adverse Possession In The Wake Of The Foreclosure Crisis, Phillip V. Urban
There Goes The Neighborhood: Florida's Crackdown On Adverse Possession In The Wake Of The Foreclosure Crisis, Phillip V. Urban
Phillip V Urban
An examination of the creative use of adverse possession in Florida following the foreclosure crisis, and the State's heavy-handed reaction to the practice.
Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello
Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello
Adam Lamparello
Georgia’s “beyond a reasonable doubt” standard for determining intellectual disability has led to an absurd—and arbitrary—result. A Georgia state court held that defendant Warren Hill was intellectually disabled, yet still sentenced Hill to death. Seven experts—and the court—deemed Hill disabled under a preponderance of the evidence standard. He remains on death row, however, because Georgia’s “preposterous burden of proof” requires that intellectual disability be proved beyond a reasonable doubt, a standard experts have said is nearly impossible to satisfy. It “effectively limits the constitutional right protected in Atkins,” and creates a conditional, not categorical, ban.
Driving Into The Unknown: Examining The Crossroads Of Criminal Law And Autonomous Vehicles, Jeffrey K. Gurney
Driving Into The Unknown: Examining The Crossroads Of Criminal Law And Autonomous Vehicles, Jeffrey K. Gurney
Jeffrey K Gurney
This Article examines the application of criminal law to autonomous vehicles. The Article applies the general purposes of punishment to criminal laws which intersect with autonomous vehicles. These laws include: (1) rules of the road; (2) driving under the influence; (3) reckless driving; (4) vehicular manslaughter; (5) location specific crimes; and (6) physical and virtual interference with a vehicle. This Article provides an overview of how a violation of these criminal laws will be treated under current criminal law, and then it argues that current law should be amended because the current application of criminal and traffic laws to autonomous …