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Criminal Law Commons

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American University Washington College of Law

2015

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Articles 1 - 28 of 28

Full-Text Articles in Criminal Law

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith Jun 2015

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …


Should The American Grand Jury Survive Ferguson, Roger Fairfax Apr 2015

Should The American Grand Jury Survive Ferguson, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied


Why Capital Punishment Is No Punishment At All, Jason Iuliano Jan 2015

Why Capital Punishment Is No Punishment At All, Jason Iuliano

American University Law Review

Capital punishment has generated an incredible amount of public debate. Is the practice constitutional? Does it deter crime? Is it humane? Supporters and opponents of capital punishment disagree on all of these issues and many more. There is perhaps only one thing that unites these two camps: the belief that the death penalty is society's most severe punishment. In this Article, I argue that this belief is mistaken. Capital punishment is not at the top of the punishment hierarchy. In fact, it is no punishment at all. My argument builds from a basic conception of punishment endorsed by the Supreme …


Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard Jan 2015

Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard

Criminal Law Practitioner

No abstract provided.


Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill Jan 2015

Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill

Criminal Law Practitioner

No abstract provided.


The Fourth Amendment In The Digital Age Symposium, Braxton Marcela Jan 2015

The Fourth Amendment In The Digital Age Symposium, Braxton Marcela

Criminal Law Practitioner

No abstract provided.


Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler Jan 2015

Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler

Criminal Law Practitioner

No abstract provided.


Visualizing Dna Proof, Nicholas L. Georgakopoulos Jan 2015

Visualizing Dna Proof, Nicholas L. Georgakopoulos

Criminal Law Practitioner

No abstract provided.


Big Data And Predictive Reasonable Suspicion, Andrew Ferguson Jan 2015

Big Data And Predictive Reasonable Suspicion, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

The Fourth Amendment requires “reasonable suspicion” to seize a suspect. As a general matter, the suspicion derives from information a police officer observes or knows. It is individualized to a particular person at a particular place. Most reasonable suspicion cases involve police confronting unknown suspects engaged in observable suspicious activities. Essentially, the reasonable suspicion doctrine is based on “small data” – discrete facts involving limited information and little knowledge about the suspect.But what if this small data is replaced by “big data”? What if police can “know” about the suspect through new networked information sources? Or, what if predictive analytics …


High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly Jan 2015

High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly

American University Journal of Gender, Social Policy & the Law

This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.


Expunging America's Rap Sheet In The Information Age, Jenny Roberts Jan 2015

Expunging America's Rap Sheet In The Information Age, Jenny Roberts

Articles in Law Reviews & Other Academic Journals

"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …


Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox Jan 2015

Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox

Articles in Law Reviews & Other Academic Journals

No abstract provided.


From The Editors, Raleigh Mark, Trevor Addie Jan 2015

From The Editors, Raleigh Mark, Trevor Addie

Criminal Law Practitioner

No abstract provided.


Around The Nation, Jonathan Yunes Jan 2015

Around The Nation, Jonathan Yunes

Criminal Law Practitioner

No abstract provided.


An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen Jan 2015

An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen

Criminal Law Practitioner

No abstract provided.


Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg Jan 2015

Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg

Criminal Law Practitioner

No abstract provided.


Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson Jan 2015

Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson

Criminal Law Practitioner

No abstract provided.


Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell Jan 2015

Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell

Criminal Law Practitioner

No abstract provided.


'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston Jan 2015

'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston

Criminal Law Practitioner

No abstract provided.


Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett Jan 2015

Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett

American University Law Review

The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …


Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost Jan 2015

Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost

Articles in Law Reviews & Other Academic Journals

Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …


Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod Jan 2015

Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

In this Essay, I seek to build upon existing scholarship relating to DACA and DAPA, by offering an alternate lens through which to examine the programs. Specifically, I argue that DACA and DAPA, by naming and entrenching the “significant misdemeanor” bar to eligibility, contribute to a concerning expansion of “crimmigration law.” To be sure, neither program exists in codified law; nevertheless, the eligibility bars under DACA and DAPA are poised to wreak doctrinal havoc by upending the way particular criminal conduct is treated in the U.S. immigration system. In some respects, the DACA and DAPA bars are more stringent than …


Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin Jan 2015

Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin

Criminal Law Practitioner

No abstract provided.


Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado Jan 2015

Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado

Criminal Law Practitioner

No abstract provided.


Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney Jan 2015

Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney

Criminal Law Practitioner

No abstract provided.


Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo Jan 2015

Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo

Criminal Law Practitioner

No abstract provided.


From The Editors, Trevor Addie Jan 2015

From The Editors, Trevor Addie

Criminal Law Practitioner

No abstract provided.


Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson Jan 2015

Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson

Criminal Law Practitioner

No abstract provided.