Criminal Law Commons^™

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith

University of Miami Law Review

Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions that too …

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

Forgiveness, Blame, And Punishment, James Staihar

Buffalo Public Interest Law Journal

When someone commits a crime with no exculpatory defenses,he is blameworthy and deserves to be punished. Nevertheless, assuming the criminal were to satisfy some conditions, he could become forgivable. In this Essay I defend a restorative theory of what it means to forgive a criminal and when the forgiveness of a criminal would be warranted. My defense is unique in that I ultimately derive my theory offorgiveness from a novel theory of when criminals deserve to be punished. My restorative theory of forgiveness yields at least two general insights that are generally not appreciated in the prior literature on forgiveness. …

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Seattle University Law Review

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …

Prosecuting Online Threats After Elonis, Michael Pierce

Northwestern University Law Review

In Elonis v. United States, decided last term, the Supreme Court vacated a conviction for online threats on the ground that the lower court erred in its instructions to the jury regarding mens rea. In doing so, however, the Court declined to articulate which mens rea standard would have sustained a conviction. It is thus currently uncertain which mens rea the government must prove when prosecuting online threats under 18 U.S.C. § 875(c). The Elonis Court discussed three potential mens rea standards; as universal standards for online threats, each leaves something to be desired. Fortunately, federal courts need not …

Clearing The Smoke: The Ethics Of Multistate Legal Practice For Recreational Marijuana Dispensaries, Eric Mitchell Schumann

St. Mary's Journal on Legal Malpractice & Ethics

With many firms practicing in multiple states, a lawyer could represent a marijuana dispensary in a legalized state while practicing in a state, like Texas, which continues to criminalize the drug. This raises a question of whether Texas attorneys who make the bold attempt to assist a company that sells marijuana violate the rules of professional responsibility.

In Section II, this Comment examines the background of the criminalization of marijuana and looks into the movement to liberalize the laws surrounding it. Section III analyzes the rules of professional conduct in Texas and in Colorado to determine what a lawyer in …

2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur

Richmond Journal of Law and the Public Interest

2015 Symposium: Wrongful Convictions: Science, Experience & the Law Keynote Panel Discussion

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Journal of Law and the Public Interest

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …

2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur

Richmond Public Interest Law Review

2015 Symposium: Wrongful Convictions: Science, Experience & the Law Keynote Panel Discussion

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Public Interest Law Review

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi

Jurnal Hukum & Pembangunan

Restorative Justice approach in conflict resolution is basically a new method of settling disputes, especially in the concept-criminal cases, but using traditional patterns whose values have no concept of local wisdom in each culture. Therefore, the application of restorative justice approach in conflict resolution, in fact is the use of traditional patterns with the values of the resolution of the existing conflicts in wisdom local culture, with a focus on fulfillment of justice victims, through the concept of equality, partnership, reconciliation and participation.

Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian

Fordham Urban Law Journal

No abstract provided.

Aggregation And Urban Misdemeanors, Alexandra Natapoff

Fordham Urban Law Journal

The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale process of …

The Unpunishable Immorality, Ramzi Nasser

Touro Law Review

No abstract provided.

Reducing The Rate Of Prison Recidivism In Florida By Providing State Corporate Income Tax Credits To Businesses As An Incentive For Employment Of Ex-Felons, Heidi A. Hillyer

Barry Law Review

No abstract provided.

Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm

Fordham Urban Law Journal

No abstract provided.

You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak

Fordham Urban Law Journal

No abstract provided.

Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary

Fordham Urban Law Journal

No abstract provided.

Detention Without Trial In Kenya, Kevin Conboy

Georgia Journal of International & Comparative Law

No abstract provided.

Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan

Fordham Urban Law Journal

No abstract provided.

Equality, Process, And Campus Sexual Assault, Julie Novkov

Maryland Law Review

No abstract provided.