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Criminal Law Commons

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Articles 1 - 7 of 7

Full-Text Articles in Criminal Law

In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner Feb 2016

In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner

Faculty Publications

This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …


The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby Dec 2014

The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby

William & Mary Bill of Rights Journal

In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …


Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully Nov 2013

Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully

William & Mary Law Review

No abstract provided.


Punishing Children In The Criminal Law, Cynthia V. Ward Jan 2006

Punishing Children In The Criminal Law, Cynthia V. Ward

Faculty Publications

No abstract provided.


The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl Dec 2005

The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl

William & Mary Law Review

No abstract provided.


Section 1: Moot Court, Roper V. Simmons, Institute Of Bill Of Rights Law, William & Mary Law School Oct 2004

Section 1: Moot Court, Roper V. Simmons, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Double Jeopardy In Juvenile Proceedings, David S. Rudstein Dec 1972

Double Jeopardy In Juvenile Proceedings, David S. Rudstein

William & Mary Law Review

No abstract provided.