Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (16)
- Civil Rights and Discrimination (5)
- Constitutional Law (5)
- Law and Gender (5)
- Law and Race (5)
-
- Law and Society (5)
- Business Organizations Law (4)
- Law Enforcement and Corrections (4)
- Law and Politics (3)
- Social and Behavioral Sciences (3)
- Administrative Law (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Law and Economics (2)
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- Sociology (2)
- Community-Based Research (1)
- Contracts (1)
- Courts (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Fourteenth Amendment (1)
- International Law (1)
- International Relations (1)
- Juvenile Law (1)
- Institution
- Keyword
-
- Criminal law (4)
- Corporation law--Criminal provisions (3)
- Law (3)
- COVID-19 (2)
- Commercial crimes (2)
-
- Compliance (2)
- Coronavirus (2)
- Corporate governance (2)
- Criminal law and procedure (2)
- Domestic violence (2)
- Due process (2)
- Empirical (2)
- Evidence (2)
- Incarceration (2)
- Mass incarceration (2)
- Race (2)
- Recidivism (2)
- #MeToo Movement (1)
- AEDPA (1)
- Abortion (1)
- Absolute liability (1)
- Administrative Law (1)
- Agency (1)
- Algorithms (1)
- Antiterrorism and Effective Death Penalty Act of 1996 (1)
- Automation (1)
- Bail (1)
- Benefits (1)
- Boston University Law Review (1)
- Bribery--Law and legislation (1)
Articles 1 - 30 of 41
Full-Text Articles in Criminal Law
Default Culpability Requirements: The Model Penal Code And Beyond, Scott England
Default Culpability Requirements: The Model Penal Code And Beyond, Scott England
Faculty Scholarship
This Article examines section 2.02(3) of the Model Penal Code, both as proposed by the ALI and as modified by MPC states, and recommends new default culpability rules to replace it.
The Model Penal Code’s default culpability provision, Section 2.02(3), plays a central but often overlooked role in the Code’s celebrated culpability scheme. Section 2.02(3) “reads in” a requirement of recklessness when an offense is silent about the mental state required for an offense element. The provision has profound implications for criminal law because thousands of state offenses fail to prescribe culpability requirements. Without a default culpability rule like Section …
Predictable Punishments, Brian Galle, Murat C. Mungan
Predictable Punishments, Brian Galle, Murat C. Mungan
Faculty Scholarship
Economic analyses of both crime and regulation writ large suggest that the subjective cost or value of incentives is critical to their effectiveness. But reliable information about subjective valuation is scarce, as those who are punished have little reason to report honestly. Modern “big data” techniques promise to overcome this information shortfall but perhaps at the cost of individual privacy and the autonomy that privacy’s shield provides.
This Article argues that regulators can and should instead rely on methods that remain accurate even in the face of limited information. Building on a formal model we present elsewhere, we show that …
Looking Back, Looking Forward: Women In Criminal Justice Task Force, Maryam Ahranjani
Looking Back, Looking Forward: Women In Criminal Justice Task Force, Maryam Ahranjani
Faculty Scholarship
Since the Criminal Justice Section’s Women in Criminal Justice Task Force launched in November 2018, we have heard from women in criminal law around the country about their experiences with (1) hiring, (2) retention, and (3) promotion of women in criminal justice. We set many goals for ourselves, including hosting listening sessions, publishing columns, and collecting data, and we are proud of all we have accomplished over the past nearly two years.
The Curriculum Of The Carceral State, Alice Ristroph
The Curriculum Of The Carceral State, Alice Ristroph
Faculty Scholarship
No abstract provided.
Criminalizing Match-Fixing As America Legalized Sports Gambling, Jodi Balsam
Criminalizing Match-Fixing As America Legalized Sports Gambling, Jodi Balsam
Faculty Scholarship
No abstract provided.
"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani
"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani
Faculty Scholarship
"Practicing criminal law as a woman is like playing tackle football in a dress.” Andrea George, Executive Director of the Federal Public Defender for Eastern Washington and Idaho, began her testimony to the American Bar Association’s Women in Criminal Justice Task Force with that powerful observation. In the wake of the #MeToo movement, the ABA has focused on ways to enhance gender equity in the profession and in the justice system. The Criminal Justice Section of the ABA has invested significant resources in the creation of the Women in Criminal Justice Task Force (WCJ TF), which launched its work in …
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Faculty Scholarship
Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings, reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …
Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli
Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
When They Hear Us: Race, Algorithms And The Practice Of Criminal Law, Ngozi Okidegbe
When They Hear Us: Race, Algorithms And The Practice Of Criminal Law, Ngozi Okidegbe
Faculty Scholarship
We are in the midst of a fraught debate in criminal justice reform circles about the merits of using algorithms. Proponents claim that these algorithms offer an objective path towards substantially lowering high rates of incarceration and racial and socioeconomic disparities without endangering community safety. On the other hand, racial justice scholars argue that these algorithms threaten to entrench racial inequity within the system because they utilize risk factors that correlate with historic racial inequities, and in so doing, reproduce the same racial status quo, but under the guise of scientific objectivity.
This symposium keynote address discusses the challenge that …
Griffin V. Illinois: Justice Independent Of Wealth, Neil Sobol
Griffin V. Illinois: Justice Independent Of Wealth, Neil Sobol
Faculty Scholarship
More than sixty years ago in Griffin v. Illinois, Justice Hugo Black opined that equal justice cannot exist as long as “the kind of trial a man gets depends on the amount of money he has.” While Griffin dealt with the limited issue of the inability of a defendant to pay for an appellate transcript, the Supreme Court and legislatures would subsequently extend Black’s equal justice analysis to cases involving other forms of criminal justice debt assessed at trial, appeal, incarceration, and probation. Despite the promise of these judicial and legislative pronouncements, indigent defendants, relative to defendants with financial …
Convictions As Guilt, Anna Roberts
Floating Lungs: Forensic Science In Self-Induced Abortion Prosecutions, Aziza Ahmed
Floating Lungs: Forensic Science In Self-Induced Abortion Prosecutions, Aziza Ahmed
Faculty Scholarship
Pregnancy that ends in stillbirth or late miscarriage—particularly where a person gives birth outside of a hospital—raises the specter of criminal behavior. To successfully prosecute a person for the death of a child, however, requires proving that the child was born alive. Prosecutors mobilize forensic science as an objective way to determine life. This Essay focuses on one such forensic method: the hydrostatic lung test (“HLT”), also known as the floating lung test (“FLT”). Although there are debates about the “correct” way to perform the exam, in essence, the test requires that a forensic scientist take pieces of the lung …
What Is Remembered, Alice Ristroph
#Metoo And The Myth Of The Juvenile Sex Offender, Cynthia Godsoe
#Metoo And The Myth Of The Juvenile Sex Offender, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Valuing Black Lives: A Case For Ending The Death Penalty, Alexis Hoag
Valuing Black Lives: A Case For Ending The Death Penalty, Alexis Hoag
Faculty Scholarship
No abstract provided.
Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon
Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon
Faculty Scholarship
Thirty years after the start of the first drug court, it is a good time to examine what the problem-solving court movement has contributed to our criminal legal system overall. It is also a good time to ask what it would look like if these courts had made "monumental change" in our criminal legal system. This article will start with a discussion of mass incarceration and offer some reasons why problem-solving courts did not prevent, or lessen, mass incarceration. Next this article will discuss how problem-solving courts work, including by looking at the roles of the professionals, the judges and …
Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.
Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.
Faculty Scholarship
This article is about ethics-focused, law school courses, co-taught with a theater director, in which students wrote, produced and performed in plays. The plays were about four men who, separately, were wrongfully convicted, spent decades in prison, and finally were released and exonerated, formally (two) or informally (two).
The common themes in these miscarriages of justice were that 1) unethical conduct of prosecutors (especially failures to disclose exculpatory evidence) and of defense counsel (especially incompetent representation) undermined the Rule of Law and produced wrongful convictions, and 2) conversely, that the ethical conduct of post-conviction lawyers and law students helped to …
Three Conceptions Of Corporate Crime (And One Avenue For Reform), Miriam H. Baer
Three Conceptions Of Corporate Crime (And One Avenue For Reform), Miriam H. Baer
Faculty Scholarship
No abstract provided.
Race Decriminalization And Criminal Legal System Reform, Michael Pinard
Race Decriminalization And Criminal Legal System Reform, Michael Pinard
Faculty Scholarship
There is emerging consensus that various components of the criminal legal system have gone too far in capturing and punishing masses of Black men, women, and children. This evolving recognition has helped propel important and pathbreaking criminal legal reforms in recent years, with significant bipartisan support. These reforms have targeted the criminal legal system itself. They strive to address the pain inflicted by the system. However, by concerning themselves solely with the criminal legal system, these reforms do not confront the reality that Black men, women, and children will continue to be devastatingly overrepresented in each stitch of the system. …
Remedial Payments In Agency Enforcement, Seema Kakade
Remedial Payments In Agency Enforcement, Seema Kakade
Faculty Scholarship
During the Obama Administration, the government settled many enforcement cases involving alleged violations of the nation’s federal statutes. The settlements have several requirements, including that the defendants pay money for beneficial projects to mitigate or offset harm directly or indirectly caused by defendant’s actions. For example, the government settled an environmental enforcement case against Volkswagen that included payments for environmental projects, and a mortgage enforcement case against Bank of America that included payments for housing education projects. These payments have spawned renewed criticism amongst conservative groups who have long claimed that payments for projects are mechanisms for agencies to get …
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Faculty Scholarship
How can it be that in the era in which almost one million Americans are on sex offender registries—most of whom are publicly stigmatized on websites, banished from their homes, shunned from their jobs, prevented from uniting with their families and traveling internationally, forced into homelessness, all of which increases their risk for suicide, and shames their spouses and children, even if their offenses occurred long in the past—that the #MeToo movement would explode, revealing widespread sexual misconduct against women, by powerful men, protected by iconic institutions? How can we have had three decades of the most aggressive, “spare-no-expense” laws …
Multilayered Criminal (F)Laws, Michael T. Cahill
Multilayered Criminal (F)Laws, Michael T. Cahill
Faculty Scholarship
No abstract provided.
The Law Of Corporate Investigations And The Global Expansion Of Corporate Criminal Enforcement, Jennifer Arlen, Samuel W. Buell
The Law Of Corporate Investigations And The Global Expansion Of Corporate Criminal Enforcement, Jennifer Arlen, Samuel W. Buell
Faculty Scholarship
The United States model of corporate crime control, developed over the last two decades, couples a broad rule of corporate criminal liability with a practice of reducing sanctions, and often withholding conviction, for firms that assist enforcement authorities by detecting, reporting, and helping prove criminal violations. This model, while subject to skepticism and critiques, has attracted interest among reformers in overseas nations that have sought to increase the frequency and size of their enforcement actions. In both the U.S. and abroad, insufficient attention has been paid to how laws controlling the conduct of corporate investigations are critical to regimes of …
Never Waste A Crisis: Anticorruption Reforms In South America, Rachel Brewster, Andres Ortiz
Never Waste A Crisis: Anticorruption Reforms In South America, Rachel Brewster, Andres Ortiz
Faculty Scholarship
In the midst of dramatic corruption scandals, South American countries have passed some of the most noteworthy anticorruption legislation in the region’s history. This Article examines the wave of anticorruption reforms and how international law, and in particular anticorruption treaties, has had an important influence on the content of these reforms. Specifically, this Article argues that that the OECD Anti-Bribery Working Group has acted as a political entrepreneur, advocating for specific and meaningful reforms. The influence of international law was critical in ensuring that the reforms adopted during these corruption scandals were robust and that the opportunity presented by these …
Guns In The Private Square, Cody Jacobs
Guns In The Private Square, Cody Jacobs
Faculty Scholarship
The regulation of guns has been one of the most hotly debated public policy issues in the United States throughout the country’s history. But, up until recently, it has always been just that — a debate about public policy. Two recent developments have changed the landscape and moved the debate about publicly carrying firearms from the realm of public policy, to the realm of private decision-making and private law. First, laws related to publicly carrying firearms have been dramatically loosened throughout the United States to the point that, in the vast majority of states, anyone who is legally allowed to …
Declining Corporate Prosecutions, Brandon L. Garrett
Declining Corporate Prosecutions, Brandon L. Garrett
Faculty Scholarship
In the aftermath of the Global Financial Crisis, people across the United States protested that "too big to jail" banks were not held accountable after the financial crisis. Little has changed. Newly collected data concerning enforcement during the Trump Administration has made it possible to assess what impact a series of new policies has had on corporate enforcement. To provide a snapshot comparison, in its last twenty months, the Obama Administration levied $I4.15 billion in total corporate penalties by prosecuting seventy-one financial institutions and thirty-four public companies. During the first twenty months of the Trump Administration, corporate penalties declined to …
Board Compliance, John Armour, Brandon Garrett, Jeffrey Gordon, Geeyoung Min
Board Compliance, John Armour, Brandon Garrett, Jeffrey Gordon, Geeyoung Min
Faculty Scholarship
What role do corporate boards play in compliance? Compliance programs are internal enforcement programs, whereby firms train, monitor and discipline employees with respect to applicable laws and regulations. Corporate enforcement and compliance failures could not be more high-profile, and have placed boards in the position of responding to systemic problems. Both case law on boards’ fiduciary duties and guidance from prosecutors suggest that the board should have a continuing role in overseeing compliance activity. Yet very little is actually known about the role of boards in compliance. This paper offers the first empirical account of public companies’ engagement with compliance …
See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross
Faculty Scholarship
No abstract provided.
Victim Impact Statements At Canadian Corporate Sentencing, Erin L. Sheley
Victim Impact Statements At Canadian Corporate Sentencing, Erin L. Sheley
Faculty Scholarship
The recent SNC-Lavalin scandal and its political fallout have drawn
public attention to an existing culture of impunity enjoyed by corporate
criminal wrongdoers, despite the 2004 changes to the Criminal Code of
Canada that intended to make corporate prosecutions easier. In this article,
I argue that the conceptual problems with corporate criminal liability may
lie in the criminal justice system’s general misapprehension of the nature of
corporate crime; especially of the distinct nature of the harm experienced
by white collar victims. I further argue that, therefore, part of the solution
to under-enforcement may be evidentiary: the Crown and courts should, …
Criminal Histories And Criminal Futures, Youngjae Lee
Criminal Histories And Criminal Futures, Youngjae Lee
Faculty Scholarship
No abstract provided.