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Articles 1 - 30 of 20188

Full-Text Articles in Criminal Law

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos Jan 2019

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Criminology (Gsu, Clayton), Scott Jacques, Andrea Allen Apr 2018

Criminology (Gsu, Clayton), Scott Jacques, Andrea Allen

Criminal Justice Grants Collections

This Grants Collection for Criminology was created under a Round Nine ALG Textbook Transformation Grant.

Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.

Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:

  • Linked Syllabus
  • Initial Proposal
  • Final Report


Reconstructing The Right Against Excessive Force, Avidan Y. Cover Feb 2018

Reconstructing The Right Against Excessive Force, Avidan Y. Cover

Florida Law Review

Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, the doctrine forecloses lawsuits unless the law is clearly established that the force would be unlawful, requiring a high level of specificity and precedent that is difficult to satisfy. Further tilting the balance against excessive force victims, Fourth Amendment case law privileges the police perspective ...


Cause-In-Fact After Burrage V. United States, Eric A. Johnson Feb 2018

Cause-In-Fact After Burrage V. United States, Eric A. Johnson

Florida Law Review

What significance, if any, should state courts assign to the U.S. Supreme Court’s unanimous 2014 decision in Burrage v United States? In Burrage, the Supreme Court relied on “ordinary meaning” and “traditional understanding” in concluding that causation elements in federal criminal statutes nearly always require so-called “but-for” causation. State courts, by contrast, traditionally have applied two important modifications to the but-for test: (1) an acceleration rule, which assigns liability to defendants who hasten “even by a moment” the coming to fruition of the proscribed harm; and (2) a contribution rule, which assigns liability to defendants who “contribute” incrementally ...


Voices On Innocence, Lucian E. Dervan, Richard A. Leo, Meghan J. Ryan, Valena E. Beety Feb 2018

Voices On Innocence, Lucian E. Dervan, Richard A. Leo, Meghan J. Ryan, Valena E. Beety

Florida Law Review

In the summer of 2015, experts gathered from around the country to sit together and discuss one of the most pressing and important issues facing the American criminal justice system—innocence. Innocence is an issue that pervades various areas of research and influences numerous topics of discussion. What does innocence mean, particularly in a system that differentiates between innocence and acquittal at sentencing? What is the impact of innocence during plea bargaining? How should society respond to the growing number of exonerations? What forces lead to the incarceration of innocents? Has an innocent person been put to death and, if ...


Reconstructing The Right Against Excessive Force, Avidan Y. Cover Feb 2018

Reconstructing The Right Against Excessive Force, Avidan Y. Cover

Florida Law Review

Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, the doctrine forecloses lawsuits unless the law is clearly established that the force would be unlawful, requiring a high level of specificity and precedent that is difficult to satisfy. Further tilting the balance against excessive force victims, Fourth Amendment case law privileges the police perspective ...


Cause-In-Fact After Burrage V. United States, Eric A. Johnson Feb 2018

Cause-In-Fact After Burrage V. United States, Eric A. Johnson

Florida Law Review

What significance, if any, should state courts assign to the U.S. Supreme Court’s unanimous 2014 decision in Burrage v United States? In Burrage, the Supreme Court relied on “ordinary meaning” and “traditional understanding” in concluding that causation elements in federal criminal statutes nearly always require so-called “but-for” causation. State courts, by contrast, traditionally have applied two important modifications to the but-for test: (1) an acceleration rule, which assigns liability to defendants who hasten “even by a moment” the coming to fruition of the proscribed harm; and (2) a contribution rule, which assigns liability to defendants who “contribute” incrementally ...


Individual Accountability For Corporate Crime, Gregory Gilchrist Feb 2018

Individual Accountability For Corporate Crime, Gregory Gilchrist

Georgia State University Law Review

Corporate crime is too often addressed by fining the corporation, leaving the real people who committed the crime facing no consequence at all. This failure to hold individuals accountable in cases of corporate malfeasance generates an accountability gap that undermines deterrence and introduces expressive costs. Facing heightened criticism of this trend, then-Deputy Attorney General Sally Yates issued a policy designed to generate prosecutions of real people in cases of corporate wrongdoing. The policy reflects a strong and continuing demand for more prosecutions of individuals in the corporate context.

This Article contends that the effort to introduce accountability by increasing prosecutions ...


Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett Feb 2018

Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett

Maine Law Review

In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to ...


Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott Feb 2018

Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott

Maine Law Review

After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as ...


Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford Feb 2018

Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford

Maine Law Review

In recent years, several decisions of the Maine Supreme Judicial Court sitting as the Law Court have addressed the comments of prosecutors in final argument before criminal juries. Three of those decisions in particular have caused concern among prosecutors and have stirred discussion in the Maine legal community. In vacating convictions in State v. Steen, State v. Casella, and State v. Tripp, the Law Court focused on the language used by the prosecutors during closing argument and concluded that those prosecutors impermissibly expressed personal opinion concerning the credibility of the defendants, or witnesses called by the defendants. This Article examines ...


Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis Feb 2018

Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis

James W. Ellis

No abstract provided.


Fixing A Non-Existent Problem With An Ineffective Solution: Doe V. Snyder And Michigan's Punitive Sex Offender Registration And Notification Laws, Joshua E. Montgomery Feb 2018

Fixing A Non-Existent Problem With An Ineffective Solution: Doe V. Snyder And Michigan's Punitive Sex Offender Registration And Notification Laws, Joshua E. Montgomery

Akron Law Review

Sex offender registration and notification laws (SORAs) in the United States apply not only to those who commit sex offenses after the enactment of such laws, but also to those who committed sex offenses before those laws were enacted. However, the Ex Post Facto Clause of the Constitution prevents the retroactive application of a punitive law; this means that a person cannot be punished for a bad act that the person committed before the law punishing that act was enacted. Importantly, the Ex Post Facto Clause does not prohibit the retroactive application of a civil, regulatory—i.e., non-punitive—law ...


The Hardship That Is Internet Deprivation And What It Means For Sentencing: Development Of The Internet Sanction And Connectivity For Prisoners, Mirko Bagaric, Nick Fischer, Dan Hunter Feb 2018

The Hardship That Is Internet Deprivation And What It Means For Sentencing: Development Of The Internet Sanction And Connectivity For Prisoners, Mirko Bagaric, Nick Fischer, Dan Hunter

Akron Law Review

Twenty years ago, the internet was a novel tool. Now it is such an ingrained part of most people’s lives that they experience and exhibit signs of anxiety and stress if they cannot access it. Non-accessibility to the internet can also tangibly set back peoples’ social, educational, financial, and vocational pursuits and interests. In this Article, we argue that the sentencing law needs to be reformed to adapt to the fundamental changes in human behavior caused by the internet.

We present three novel and major implications for the sentencing law and practice in the era of the internet. First ...


Dissecting The Aba Texas Capital Punishment Assessment Report Of 2013: Death And Texas, A Surprising Improvement, Patrick S. Metze Feb 2018

Dissecting The Aba Texas Capital Punishment Assessment Report Of 2013: Death And Texas, A Surprising Improvement, Patrick S. Metze

Akron Law Review

Professor Metze dissects the American Bar Association report, September 2013, entitled Evaluating Fairness and Accuracy in State Death Penalty Systems: The Texas Capital Punishment Assessment Report—An Analysis of Texas’s Death Penalty Laws, Procedures and Practices. This Report was produced by the ABA’s Section of Individual Rights and Responsibilities, specifically the Death Penalty Due Process Review Project, which identified 12 inadequacies in the Texas Capital Punishment System, recommended changes, and evaluated compliance. Now, four years and two legislative sessions later, this Article explores what Texas has done in the interim to improve its death penalty process. Incredibly, the ...


Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, Brian Harris Feb 2018

Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, Brian Harris

Texas A&M Law Review

The U.S. Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” To this end, Congress created the copyright system “[t]o promote the Progress of Science” and the patent system for promoting the progress of useful arts. The American patent system can be though of as a vehicle for converting an intangible idea into a form of property. Since the beginning of the American patent system, social benefit has been a key component of the ...


State V. Brackett: Does The State Have A Right Of Appeal?, Theodore A. Small Feb 2018

State V. Brackett: Does The State Have A Right Of Appeal?, Theodore A. Small

Maine Law Review

In State v. Brackett, the defendant was charged with kidnapping, gross sexual assault, burglary, and criminal threatening with the use of a dangerous weapon. The State of Maine filed an in limine motion to exclude any evidence relating to the victim's past sexual behavior, including evidence that the victim may have been a prostitute sometime prior to the incident in dispute. Although evidence of a victim's past sexual behavior is generally inadmissible. The State appealed. A divided Maine Supreme Judicial Court, sitting as the Law Court, declined to rule on the merits of the appeal, holding that the ...


Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey Feb 2018

Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey

Maine Law Review

Each year approximately one million juveniles in the United States are arrested and read the Miranda warnings. Though studies have shown that the majority of those children do not understand the warnings, most of them must decide alone whether to waive their constitutional rights— and nearly all ultimately make that choice without the help of an attorney. The Supreme Court has recognized that children differ from adults in critical ways, and those differences have important implications for juveniles’ ability to meaningfully waive their Miranda rights. To ensure that juveniles’ constitutional rights are protected, the Supreme Court should take up the ...


The Persistence Of Fatal Police Taserings In 2017, Donald E. Wilkes Jr. Feb 2018

The Persistence Of Fatal Police Taserings In 2017, Donald E. Wilkes Jr.

Popular Media

Fatal police taserings are a persistent phenomenon in the United States. Every year dozens of Americans are fatally tasered by our police.This article looks at the number of deaths cause by police tasering during 2017.


Moral Mode Switching: From Punishment To Public Health, Stephen Koppel Feb 2018

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

All Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved ...


Innovating Criminal Justice, Natalie Ram Feb 2018

Innovating Criminal Justice, Natalie Ram

Northwestern University Law Review

From secret stingray devices that can pinpoint a suspect’s location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools.

This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed ...


City Harvest Case And The Separation Of Powers, Yihan Goh Feb 2018

City Harvest Case And The Separation Of Powers, Yihan Goh

Research Collection School Of Law

Verdict provides important example of how the courts and Parliament play different roles in Singapore's legal system. The Court of Appeal last week upheld the reduced sentences passed in the City Harvest Church (CHC) case. Six former church leaders were charged with having conspired to commit the aggravated offence of criminal breach of trust (CBT) as an "agent" under Section 409 of the Penal Code. Departing from the earlier interpretation that had stood for the past 40 years, the court decided that Section 409 applied only to professional agents, which the former church leaders were not. The charges were ...


Correctional Officers, Step Off The Treadmill Of Power: The Lack Of Moral Authority In U.S. Correctional Officers, Kavida Naidu Jan 2018

Correctional Officers, Step Off The Treadmill Of Power: The Lack Of Moral Authority In U.S. Correctional Officers, Kavida Naidu

Power, Voice, Mandate: Moral Authority in the Contemporary Age

The abuse of authority and power is commonly encountered in different institutions. Similarly, prisons are not immune to the overuse of authority and power. Correctional officers exercise their authority on inmates in ways that result in a prison culture, which is filled with violence and dehumanization. Correctional officers often consider inmates as morally inferior beings, who deserve to be punished beyond sentence, for the crimes that they have committed are inexcusable. However, the abrasive environment of prisons places correctional officers in a situation where they eventually adopt the prison identity and find themselves trapped in this brutish incarcerated culture. This ...


Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga Jan 2018

Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga

Joseph Isanga

No abstract provided.


Champions For Justice 2018, Roger Williams University School Of Law Jan 2018

Champions For Justice 2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Myths And Misogyny: The Legal Response To Sexual Assault, Rose Mary Lynn Ubell Jan 2018

Myths And Misogyny: The Legal Response To Sexual Assault, Rose Mary Lynn Ubell

Master of Studies in Law Research Papers Repository

Sexual assault is a persistent form of violence against women that is rooted in gender inequality. It violates the sexual integrity of the victim and can have lasting psychological and emotional effects on both victims and their families. Sexual assault is a significant social and cultural problem within Canadian society. This paper presents an examination of the problems with the legal response to sexual assault that are still prevalent within the Canadian justice system despite the many positive changes in law that have come about in the last three decades. It is divided into three main chapters. The first draws ...


Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman Jan 2018

Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman

Arkansas Law Review

“The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not still be done.” The constitutional right to the assistance of counsel in criminal prosecutions is one of the many safeguards contained within the Sixth Amendment designed to protect the fundamental human rights of life and liberty. Unfortunately, for indigent defendants that safeguard of life and liberty operates as a mere platitude today. Stephen Bright, founder of the Southern Center for Human Rights, has bleakly summarized the crisis of indigent defense, noting that while the right to counsel is widely celebrated ...


La Participación De Los Extranei En Los Delitos Contra La Administración Pública: Comentarios Al Acuerdo Plenario N° 3-2016/Cj-116 Jan 2018

La Participación De Los Extranei En Los Delitos Contra La Administración Pública: Comentarios Al Acuerdo Plenario N° 3-2016/Cj-116

Jean Marco Leon Tomasto

A propósito del Acuerdo Plenario N° 3-2016, el autor explica el fundamento de la punición de los autores y partícipes, haciendo especial énfasis en los cómplices extranei en los delitos de infracción de deber positivo (como el enriquecimiento ilícito). Al respecto, indica que los partícipes deben responder por el mismo hecho punible que el autor (unidad del título de la imputación), precisando que ello sucederá siempre que su intervención se realice antes o durante la fase de ejecución del delito.


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program Jan 2018

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon Jan 2018

Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 ...