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Articles 1 - 30 of 31
Full-Text Articles in Criminal Law
The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman
The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman
Brigham Young University Journal of Public Law
No abstract provided.
On Criminalizing Violent Speech, Amitai Etzioni
On Criminalizing Violent Speech, Amitai Etzioni
Brigham Young University Journal of Public Law
There is an increasingly high number of threats to kill, made by citizens against each other, and against public officials. These threats terrorize people, force them to take protective measures, make them reluctant to assume public office, and, when they do, make them feel as though they have to act cautiously. State and federal laws currently exist that prohibit such threats. This article examines the ways the courts have affected how these laws function. It concludes by suggesting ways these laws can be rendered more effective. Drawing on liberal communitarianism, this article seeks to offer practical recommendations for how the …
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Brigham Young University Journal of Public Law
No abstract provided.
Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird
Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird
Brigham Young University Journal of Public Law
No abstract provided.
Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Brent Miller
Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Brent Miller
Brigham Young University Journal of Public Law
In a society that has become increasingly interconnected through advancements in technology, the stig matizing consequences of a false criminal accusation or conviction ca n be devastating. Ironically, unlike the technological advancements societ y has experienced, the ability to protect one’s reputation from such harm requires using the same limited remedies that existed decades ago. With few effective remedies available, those who have been falsely accused or convicted of a crime are without adequate ways to restore their reputations. To fill this remedial void, the federal government should create a forum whereby an individual’s innocence might be published as government …
Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Michael M. Berger
Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Michael M. Berger
Brigham Young University Journal of Public Law
In a society that has become increasingly interconnected through advancements in technology, the stig matizing consequences of a false criminal accusation or conviction ca n be devastating. Ironically, unlike the technological advancements societ y has experienced, the ability to protect one’s reputation from such harm requires using the same limited remedies that existed decades ago. With few effective remedies available, those who have been falsely accused or convicted of a crime are without adequate ways to restore their reputations. To fill this remedial void, the federal government should create a forum whereby an individual’s innocence might be published as government …
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Brigham Young University Journal of Public Law
No abstract provided.
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
Brigham Young University Journal of Public Law
A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …
Taking Mistakes Seriously, Paul J. Larkin Jr.
Taking Mistakes Seriously, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law
Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …
Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs
Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs
Brigham Young University Journal of Public Law
This article will focus on the problem of women being forced into prostitution and then coerced into staying, also known as sex trafficking. This Article will focus specifically on what Utah can do to improve its approach to sex trafficking, in light of actions taken by other states and nations. Part II of this article provides background and definitions of sex trafficking and the players involved. Part III discusses the legal history of the criminalization of sex trafficking. Part IV talks about incidents of sex trafficking in Utah. Part V discusses the current laws against sex trafficking in Utah. Part …
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
Brigham Young University Journal of Public Law
No abstract provided.
Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks
Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks
Brigham Young University Journal of Public Law
No abstract provided.
The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen
The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen
Brigham Young University Journal of Public Law
No abstract provided.
Hudson V. Michigan: "Knock-And-Announce" — An Outdated Rule?, J. Spencer Clark
Hudson V. Michigan: "Knock-And-Announce" — An Outdated Rule?, J. Spencer Clark
Brigham Young University Journal of Public Law
No abstract provided.
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Brigham Young University Journal of Public Law
No abstract provided.
A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai
Brigham Young University Journal of Public Law
No abstract provided.
Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower
Brigham Young University Journal of Public Law
No abstract provided.
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Brigham Young University Journal of Public Law
No abstract provided.
Which Of The Preparatory Commission's Latest Proposals For The Definition Of The Crime Of Aggression And The Exercise Of Jurisdiction Should Be Adopted Into The Rome Statute Of The International Criminal Court?, Rachel Peirce
Brigham Young University Journal of Public Law
No abstract provided.
A Psychological Approach To Understanding The Legal Basis Of The No Duty To Rescue Rule, David N. Kelley
A Psychological Approach To Understanding The Legal Basis Of The No Duty To Rescue Rule, David N. Kelley
Brigham Young University Journal of Public Law
No abstract provided.
The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu
The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu
Brigham Young University Journal of Public Law
No abstract provided.
The Downfall Of Grease Hazard Technicians And Product Delivery Specialists Or "Why French Fry Cooks And Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. V. Weissman, Hoang Huynh
Brigham Young University Journal of Public Law
No abstract provided.
Brinkman V. Brinkman: Where Res Judicata Has Gone Too Far, Rebekah B. Griffin
Brinkman V. Brinkman: Where Res Judicata Has Gone Too Far, Rebekah B. Griffin
Brigham Young University Journal of Public Law
No abstract provided.
Convicting Domestic Violence Abusers When The Victim Remains Silent, Tonya Mccormick
Convicting Domestic Violence Abusers When The Victim Remains Silent, Tonya Mccormick
Brigham Young University Journal of Public Law
No abstract provided.
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Brigham Young University Journal of Public Law
No abstract provided.
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Brigham Young University Journal of Public Law
No abstract provided.
There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii
There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii
Brigham Young University Journal of Public Law
No abstract provided.
Missing Tools In The Federal Prosectution Of Child Abuse And Neglect, F. Chris Austin
Missing Tools In The Federal Prosectution Of Child Abuse And Neglect, F. Chris Austin
Brigham Young University Journal of Public Law
No abstract provided.
Crime And Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin V. Michigan, John C. Rooker
Crime And Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin V. Michigan, John C. Rooker
Brigham Young University Journal of Public Law
No abstract provided.
Michigan's Attempt At Curbing Drunk Drivers Under The Fourth Amendment: The Constitutionality Of Sobriety Checkpoints, B. Gordon Beckstead
Michigan's Attempt At Curbing Drunk Drivers Under The Fourth Amendment: The Constitutionality Of Sobriety Checkpoints, B. Gordon Beckstead
Brigham Young University Journal of Public Law
No abstract provided.