Criminal Law Commons^™

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate that …

Drug Trafficking And The Presidential Family In Venezuela: The Narco Nephews, Daniela Castro

Capstones

An explosive combination of political turmoil, a deep economic crisis and critical security situation has Venezuela on the verge of collapse. Despite the alarming situation in the country, not everyone is doing so bad, especially those close to the ruling power. Ferraris, access to private aircrafts and bodyguards are only some of the privileges that only few can get access to in this impoverished South American nation.

Efrain Antonio Campo Flores, 30, and Franqui Francisco Flores de Freitas, 31 -- the nephews of the Venezuelan Presidential couple -- were found guilty of conspiring to import hundreds of kilograms of cocaine …

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.

Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm

Genocide Studies and Prevention: An International Journal

This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Introduction, Kate Price

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele

William & Mary Journal of Race, Gender, and Social Justice

This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.

License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

The University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …

Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders

Brigham Young University Journal of Public Law

No abstract provided.

Criminalizing “Private” Torture, Tania Tetlow

William & Mary Law Review

This Article proposes a state crime against torture by private actors as a far better way to capture the harm of serious domestic violence. Current criminal law misses the cumulative terror of domestic violence by fracturing it into individualized, misdemeanor batteries. Instead, a torture statute would punish a pattern crime— the batterer’s use of repeated violence and threats for the purpose of controlling his victim. And, for the first time, a torture statute would ban nonviolent techniques committed with the intent to cause severe pain and suffering, including psychological torture, sexual degradation, and sleep deprivation.

Because serious domestic violence routinely …

Criminal Backgrounds Of Sex Traffickers - Abstract, Alexis Piccirillo, Amelia Davis, Emily Markey, Donna M. Hughes Dr.

Donna M. Hughes

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

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

Donna M. Hughes

54. The Effects Of The Hypothetical Putative Confession And Negatively-Valenced Yes/No Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

New Approaches To Data-Driven Civilian Oversight Of Law Enforcement: An Introduction To The Second Nacole/Cjpr Special Issue, Daniel L. Stageman, Nicole M. Napolitano, Brian Buchner

Publications and Research

In April of 2016, National Association for Civilian Oversight of Law Enforcement (NACOLE) and John Jay College partnered to sponsor the Academic Symposium “Building Public Trust: Generating Evidence to Enhance Police Accountability and Legitimacy.” This essay introduces the Criminal Justice Policy Review Special Issue featuring peer-reviewed, empirical research papers first presented at the Symposium. We provide context for the Symposium in relation to contemporary national discourse on police accountability and legitimacy. In addition, we review each of the papers presented at the Symposium, and provide in-depth reviews of each of the manuscripts included in the Special Issue.

Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu

Southern African Journal of Policy and Development

This article explores how ideas of patriarchy have shaped the nature and effect of rape law. It argues that rape law reinforces patriarchy, and because of the inherent inconsistencies between the male roles of aggressor and protector, it has remained ineffective. Taking Kenya as its springboard, it analyses how ideas of sexual relations within and outside marriage are transplanted through colonialism; and how they morph and merge with analogous indigenous conceptions to entrench and formalise the continued subjugation of the female body. It explores the unintended consequences of the internationalisation of English Monogamy; and rape law reform and its continuity/discontinuity …

17. Investigative Interviewing Of The Child., Thomas D. Lyon

Thomas D. Lyon

How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

This is a chapter from the new book The Vigilante Echo. Previous chapters have made clear that some vigilantism can be morally justified where the government has failed in its promise under the social contract to protect and to do justice. But this chapter explains how even moral vigilante action can be problematic for the larger society. Vigilantes may try to do the right thing but are likely to lack the training and professional neutrality of police. They may be successful, but only on pushing the crime problem to an adjacent neighborhood. Because their open lawbreaking may seem admirable …

Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic vigilantes …

53. Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse., J. Zoe Klemfuss, Kyndra C. Cleveland, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon

Crime, Morality, And Republicanism, Richard Dagger

Political Science Faculty Publications

One of the abiding concerns of the philosophy of law has been to establish the relationship between law and morality. Within the criminal law, this concern often takes the form of debates over legal moralism--that is, "the position that immorality is sufficient for criminalization" (Alexander 2003: 131). This paper approaches these debates from the perspective of the recently revived republican tradition in politics and law. Contrary to what is usually taken to be liberalism's hostility to legal moralism, and especially to attempts to promote virtue through the criminal law, the republican approach takes the promotion of virtue to be one …

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

All Faculty Scholarship

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the …

Rape And Mental Health Outcomes Among Women: Examining The Moderating Effects Of “Healthy” Fear Levels, Ryan E. Spohn, Emily M. Wright, Johanna C. Peterson

Criminology and Criminal Justice Faculty Publications

This study examined the mediating and moderating impact of fear of victimization on the relationships between forcible and vicarious rape on depression and PTSD among college women. Forcible and vicarious rape positively affected PTSD and depression symptomology, but fear did not mediate these relationships. Fear moderated the impact of forcible rape on PTSD, but was not a moderator for depression. Findings suggest that there may be “healthy” levels of fear in the aftermath of victimization where having too little fear may leave women unnecessarily vulnerable to victimization, while having too much fear may lead to social isolation and withdrawal.

Public Opinion And Regional Differences In Death Penalty Policies, Alicia Blecich

Honors Theses

Despite the 1976 affirmation by the Supreme Court that the death penalty does not violate the Constitution, some states have moved away from this practice due to a variety of reasons to the point that there appears to be regional differences in policy on this issue. The objective of this study is to determine which factors influence public opinion on capital punishment and how they account for the regional discrepancies in policy. I identify a number of demographic factors that have been found to influence this opinion on a national scale, for reexamination at the regional level. Six states are …