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Articles 1 - 19 of 19
Full-Text Articles in Criminal Law
Beyond The Reach Of Legal Process – Lessons From United States V Rafiekian, Vivian M. Williams
Beyond The Reach Of Legal Process – Lessons From United States V Rafiekian, Vivian M. Williams
Publications and Research
The influence of foreign agents on the domestic affairs of countries is now a major issue in global affairs. This issue gained significance after foreign influence was blamed for a massive protest demanding fair election, rocked Moscow in 2011. It has been amplified after Russian involvement was cited for Donald Trump’s surprised election as President of the United States in 2016. There is now great anxiety among nations that foreign actors could influence electoral outcomes. Consequently, the past decade has seen a proliferation of laws regulating the operation of foreign agents within a country. Aggressive enforcement of Foreign Agents laws …
Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet
Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet
Publications and Research
The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.
With a focus on six …
Righting Health Policy: Bioethics, Political Philosophy, And The Normative Justification Of Health Law And Policy, D. Robert Macdougall
Righting Health Policy: Bioethics, Political Philosophy, And The Normative Justification Of Health Law And Policy, D. Robert Macdougall
Publications and Research
In Righting Health Policy, D. Robert MacDougall argues that bioethics needs but does not have adequate tools for justifying law and policy. Bioethics’ tools are mostly theories about what we owe each other. But justifying laws and policies requires more; at a minimum, it requires tools for explaining the legitimacy of actions intended to control or influence others. It consequently requires political, rather than moral, philosophy. After showing how bioethicists have consistently failed to use tools suitable for achieving their political aims, MacDougall develops an interpretation of Kant’s political philosophy. On this account the legitimacy of health laws does …
Decarcerating New York City: Lessons From A Pandemic, Nicole Smith Futrell
Decarcerating New York City: Lessons From A Pandemic, Nicole Smith Futrell
Publications and Research
Over the last decade, long before the far-reaching impact of COVID-19, the criminal legal system in New York City was on a meandering path toward decarceration. Set against the national backdrop of declining crime rates and a reckoning with the economic, social, and racial costs of mass criminalization and incarceration, elected officials in New York City and State had finally acknowledged that a shift toward reducing the number of people held in New York City jails was long overdue. Sweeping legislative reforms to bail, discovery, and speedy trial statutes, as well as the planned closure of Rikers Island, the city’s …
Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu
Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu
Publications and Research
This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …
Forensic Science: Complex Admissibility Standard For Scientific Evidence And Expert Witness's Testimony, Md Wahidur Rahman, Marissa J. Moran
Forensic Science: Complex Admissibility Standard For Scientific Evidence And Expert Witness's Testimony, Md Wahidur Rahman, Marissa J. Moran
Publications and Research
Modern science forces the world to accept new theories and invention. Science has invented several tools, which are used in the legal system to dispute criminal cases. Scientific evidence and expert witness testimony have weight in the courtroom because those are scientifically proved to be true. Even though there are few case laws and Federal rule of evidence 1975, still the admissibility standard is complex which may lead injustice.
This article examines the Federal rule of evidence, case laws and scholars’ opinion to address the complexity of the admissibility standard of scientific evidence and expert testimony. The first legal question …
Masquerading Sanity: Crimes, Violence And Victimization On The Internet, Heath Grant, Cathryn Lavery
Masquerading Sanity: Crimes, Violence And Victimization On The Internet, Heath Grant, Cathryn Lavery
Publications and Research
The world of cybercrime has transformed significantly over the past ten or twenty years. Early concerns focused on the vulnerability of the financial industry, including the crimes of identity theft and hacking. However, in recent years, cybercrime has evolved to include crimes of harassment, child pornography, rape, “cyberterrorism” and even murder. This work examines an emerging form of violent crime involving the internet: Social Media Victim Targeting Networks (SVTN). The anonymity and limited available law enforcement on social media sites leaves predators with a large pool of vulnerable victims provide predators a new way to display and strengthen their criminological …
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
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.
Due Process And The Failure Of The Criminal Court, Steven Zeidman
Due Process And The Failure Of The Criminal Court, Steven Zeidman
Publications and Research
No abstract provided.
Compensating Victims Of Crime, Douglas N. Evans
Compensating Victims Of Crime, Douglas N. Evans
Publications and Research
Victims of violent crime are often unable to access financial compensation to offset the costs of victimization (e.g., medical, lost wages, funeral expenses) despite the massive amounts of money set aside for just that purpose. Currently, there is about $11 billion in the federal Crime Victims Fund (CVF). Less than 10 percent of this amount is allocated to state victim compensation programs. This report explores the funding mechanisms used by federal and state governments to compensate victims of crime, and it describes the administrative and policy problems in these systems. The report offers several recommendations for improvement. States have their …
Bombing For Justice: Urban Terrorism In New York City From The 1960s Through The 1980s, Jeffrey A. Kroessler
Bombing For Justice: Urban Terrorism In New York City From The 1960s Through The 1980s, Jeffrey A. Kroessler
Publications and Research
From the mid-1960s into the 1980s New York City experienced a wave of political violence and urban terrorism. Groups planted bombs, hijacked airliners, and engaged in assassination and attempted assassination to advance political, racial, or nationalist agendas. They included the Jewish Defense League, the Weathermen, the Black Panthers and the Black Liberation Army, FALN and other advocates of Puerto Rican independence, the United Freedom Front, Omega 7 and other anti-Castro Cubans, and Croatian nationalists. Juries often failed to convict these individuals, and others received light sentences. Judges scrutinized police actions for abuses of constitutional rights, and attorneys like William Kunstler …
The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn
The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn
Publications and Research
After decades of stability from the 1920s to the early 1970s, the rate of incarceration in the United States more than quadrupled in the past four decades. The Committee on the Causes and Consequences of High Rates of Incarceration in the United States was established under the auspices of the National Research Council, supported by the National Institute of Justice and the John D. and Catherine T. MacArthur Foundation, to review evidence on the causes and consequences of these high incarceration rates and the implications of this evidence for public policy.
Our work encompassed research on, and analyses of, the …
Confession For The Soul?: A Defense Lawyer's Moral Advice To A Guilty Client, Jeffrey Kirchmeier
Confession For The Soul?: A Defense Lawyer's Moral Advice To A Guilty Client, Jeffrey Kirchmeier
Publications and Research
No abstract provided.
16 Things Every Defense Attorney Should Know About Fair Cross-Section Challenges, Nina Chernoff, Joseph B. Kadane
16 Things Every Defense Attorney Should Know About Fair Cross-Section Challenges, Nina Chernoff, Joseph B. Kadane
Publications and Research
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Publications and Research
No abstract provided.
Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims, Michelle J. Anderson
Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims, Michelle J. Anderson
Publications and Research
No abstract provided.
Resuscitating Proportionality In Non Capital Criminal Sentencing, Donna H. Lee
Resuscitating Proportionality In Non Capital Criminal Sentencing, Donna H. Lee
Publications and Research
No abstract provided.
The Penetration Of The Criminal Justice System Into Communities Of Color: A Leadership Challenge For The Legal Profession. Address At The Convocation On The Face Of The Profession Iii: Leadership Of The Bar; Sponsored By The New York State Judicial Institute On Professionalism In The Law On April 27, 2007 In Albany, Ny., Jeremy Travis
Publications and Research
No abstract provided.
Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis
Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis
Publications and Research
No abstract provided.