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Criminal Law Commons

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Articles 1 - 10 of 10

Full-Text Articles in Criminal Law

What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael Mar 2021

What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis Oct 2020

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …


Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson Jan 2020

Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson

All Faculty Scholarship

Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo Aug 2018

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

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

Abstract forthcoming


Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon Aug 2018

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

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

Abstract forthcoming


Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson Aug 2017

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around …


Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant Jul 2017

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Strict Liability's Criminogenic Effect, Paul H. Robinson Jan 2017

Strict Liability's Criminogenic Effect, Paul H. Robinson

All Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails …


Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr. Sep 2016

Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr.

Donna M. Hughes

Identifying victims of sex trafficking can be challenging for law enforcement. To determine how victims were identified in cases of sex trafficking that resulted in criminal charges, this study analyzed the records from prosecuted cases of sex trafficking to determine how the victims were identified. The analysis used primary documents, including police narratives, witness statements, indictments, plea bargains, and sentencing memoranda retrieved from the Superior Court and the U.S. District Court in Rhode Island. Between 2009 and 2015, there were 22 cases of sex trafficking involving 38 traffickers. In these cases, at least 30 victims were identified. The public court …


Tasers Help Police Avoid Fatal Mistakes, Paul H. Robinson Jan 2016

Tasers Help Police Avoid Fatal Mistakes, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that police will inevitably be placed in impossible situations in which they reasonably believe they must shoot to defend themselves but where the shooting in fact turns out to be unnecessary. What can save the police, and the community, from these regular tragedies is a more concerted shift to police use of nonlethal weapons. Taser technology, for example, continues to become increasingly more effective and reliable. While we will always have reasonable mistakes by police in the use of force, it need not be the case that each ends in death or permanent injury. Such a …