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Articles 1 - 11 of 11
Full-Text Articles in Criminal Law
Circumventing The Crime Victims' Rights Act: A Critical Analysis Of The Eleventh Circuit's Decision Upholding Jeffrey Epstein's Secret Non-Prosecution Agreement, Paul Cassell, Jordan Peck, Bradley Edwards
Circumventing The Crime Victims' Rights Act: A Critical Analysis Of The Eleventh Circuit's Decision Upholding Jeffrey Epstein's Secret Non-Prosecution Agreement, Paul Cassell, Jordan Peck, Bradley Edwards
Utah Law Faculty Scholarship
Whether crime victims have rights before formal criminal charges are filed has recently come to the fore in one of the most publicized criminal cases in recent memory. For more than twelve years, victims of Jeffrey Epstein’s sex trafficking organization have attempted to invalidate a non-prosecution agreement (NPA) entered between Epstein and federal prosecutors. The victims have argued that because prosecutors deliberately concealed the NPA from them, the prosecutors violated the federal Crime Victim’s Rights Act (CVRA). On April 14, 2020, a divided panel of the Eleventh Circuit entered a surprising ruling, rejecting the victims’ argument. The panel refused to …
Prosecutors And Mass Incarceration, Shima Baughman
Prosecutors And Mass Incarceration, Shima Baughman
Utah Law Faculty Scholarship
It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …
Explaining The Recent Homicide Spikes In U.S. Cities: The 'Minneapolis Effect' And The Decline In Proactive Policing, Paul Cassell
Explaining The Recent Homicide Spikes In U.S. Cities: The 'Minneapolis Effect' And The Decline In Proactive Policing, Paul Cassell
Utah Law Faculty Scholarship
Recently major cities across the country have suffered dramatic spikes in homicides. These spikes are remarkably large, suddenly appearing, and widespread. At this rate, 2020 will easily be the deadliest year in America for gun-related homicides since at least 1999, while most other major crime categories are trending stable or slightly downward.
This article attempts to explain why so many cities have seen extraordinary increases in murder during the summer of 2020. A close analysis of the emerging crime patterns suggests that American cities may be witnessing significant declines in some forms of policing, which in turn is producing the …
Bystander Legislation: He Ain't Heavy, He's My Brother, Amos N. Guiora, Jessie E. Dyer
Bystander Legislation: He Ain't Heavy, He's My Brother, Amos N. Guiora, Jessie E. Dyer
Utah Law Faculty Scholarship
In this article we address the bystander with a particular focus on legislating-criminalizing the bystander. In doing so we focus on bystander responsibility from the perspective of the individual in peril. Why and how the individual is in that condition is irrelevant to the recommendation that a duty to act be imposed on the bystander. The circumstances that directly, or indirectly, led to the distress are insignificant to the legal obligation to intervene on behalf of the person in immediate physical peril.
The bystander is the person who observes another individual in distress, knows of that person’s travail, and has …
The Incomplete Rule Of Completeness: Taking A Stand On Federal Rule Of Evidence 106, Louisa Heiny, Emily Nuvan
The Incomplete Rule Of Completeness: Taking A Stand On Federal Rule Of Evidence 106, Louisa Heiny, Emily Nuvan
Utah Law Faculty Scholarship
The common law Rule of Completeness served an important role in Anglo-American jurisprudence for centuries. Historically, it was a rule guided by principles of fundamental fairness and was designed to prevent parties from introducing incomplete and misleading statements at trial.
What was once a simple rule has been muddled by Federal Rule of Evidence 106. The common law rule language was lost when Rule 106 was drafted, and there is no agreement as to what portion of the common law survived and what was left behind. Particularly problematic are the issues of whether Rule 106 applies to oral as well …
Supreme Court Clerks And The Death Penalty, Matthew Tokson
Supreme Court Clerks And The Death Penalty, Matthew Tokson
Utah Law Faculty Scholarship
This Essay is part of GW's Supreme Court Clerks at 100 symposium.
The Supreme Court is involved, directly or otherwise, with virtually every execution carried out in the United States. Most executions are appealed to the Court, and inmates commonly request a stay of execution a few days or hours before their scheduled death. The clerks review these requests and recommend a ruling.
A few days after I arrived at the Court, I got my first death penalty assignment. As the date drew near, the defendant asked the Court to stay his execution. I opened his file and began to …
How Effective Are Police? The Problem Of Clearance Rates And Criminal Accountability, Shima Baughman
How Effective Are Police? The Problem Of Clearance Rates And Criminal Accountability, Shima Baughman
Utah Law Faculty Scholarship
In recent years, the national conversation in criminal justice has centered on police. Are police using excessive force? Should they be monitored more closely? Do technology and artificial intelligence improve policing? The implied core question across these national debates is whether police are effective at their jobs. Yet we have not explored how effective police are or determined how best to measure police effectiveness.
This Article endeavors to measure how effective police are at their principal function—solving crime. The metric most commonly used to measure police effectiveness at crime-solving is a “clearance rate:” the proportion of reported crimes for which …
Kansas V. Boettger: On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Kansas, Paul Cassell, John Ehrett, Allyson N. Ho, Bradley Hubbard, Matthew Scorcio, Philip Axt, Thomas Molloy
Kansas V. Boettger: On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Kansas, Paul Cassell, John Ehrett, Allyson N. Ho, Bradley Hubbard, Matthew Scorcio, Philip Axt, Thomas Molloy
Utah Law Faculty Scholarship
This amicus brief in support of Kansas’ petition for certiorari in Kansas v. Boettger discusses the important issue of whether the First Amendment require proof of specific intent to criminally punish violent threats. The brief argues that the First Amendment does not contain any such requirement and that creating any such requirement would interfere with effective prosecution of domestic violence.
The Kansas Supreme Court’s decision over which review is being sought required the state to prove that an abuser had a specific intent to cause fear. If allowed to stand, the decision will make prosecuting and preventing domestic violence even …
Protecting Crime Victims In State Constitutions: The Example Of The New Marsy's Law For Florida, Paul Cassell, Margaret Garvin
Protecting Crime Victims In State Constitutions: The Example Of The New Marsy's Law For Florida, Paul Cassell, Margaret Garvin
Utah Law Faculty Scholarship
A majority of states have adopted state constitutional amendments protecting crime victims’ rights. Most of those amendments were adopted long ago and many fail to comprehensively address crime victims’ interests. In response to these shortcomings, the nation is seeing a new wave of state constitutional amendments protecting crime victims’ rights. Among these states is Florida, where in November 2018 Florida voters approved significantly expanded protections for crime victims in Florida’s Constitution—“Marsy’s Law for Florida.”
This Article explains in detail how Marsy’s Law for Florida provides important new protections for crime victims in the Florida criminal justice process. The Article begins …
Jury Nullification: The Current State Of The Law, Louisa Heiny
Jury Nullification: The Current State Of The Law, Louisa Heiny
Utah Law Faculty Scholarship
In 2018, the Utah legislature considered a proposed bill that would have explicitly granted jurors the right to nullify in criminal cases. This research, done in preparation for committee testimony, contains the most up-to-date law on the topic. It includes a fifty-state survey on whether juries in various jurisdictions are (1) given the right to consider the possible sentencing penalty before rendering a verdict; (2) told they may disregard the law; or (3) instructed on the right to nullify. Additionally, the research includes fifty-state survey data on whether judges may lie to juries about the right to nullify, and how …
Does Bail Reform Increase Crime? An Empirical Assessment Of The Public Safety Implications Of Bail Reform In Cook County, Illinois, Paul Cassell, Richard Fowles
Does Bail Reform Increase Crime? An Empirical Assessment Of The Public Safety Implications Of Bail Reform In Cook County, Illinois, Paul Cassell, Richard Fowles
Utah Law Faculty Scholarship
Recently bail reform issues have been in the news across the country, as concerns about fair treatment of defendants and possible public safety risks from expanding pretrial release have collided. These issues involve important empirical questions, including whether releasing more defendants before trial leads to additional crimes. An opportunity to investigate this public safety issue has developed in Chicago, our nation’s third largest city. There, the Office of the Chief Judge of the Cook County Courts adopted new bail reform measures in September 2017 and reviewed them empirically in May 2019. Cook County’s Bail Reform Study concluded that the new …