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Articles 1 - 30 of 31
Full-Text Articles in Legislation
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Barry Law Review
No abstract provided.
Holding On To Clarity: Reconciling The Federal Kidnapping Statute With The Trafficking Victims Protection Act, Benjamin Reese
Holding On To Clarity: Reconciling The Federal Kidnapping Statute With The Trafficking Victims Protection Act, Benjamin Reese
Michigan Law Review
In recent decades, the international community has come to recognize human trafficking as a problem of epidemic proportions. Congress responded to this global crisis in 2000 by passing the Trafficking Victims Protection Act (TVPA) and has since supplemented that comprehensive enactment. But, in light of the widespread use of psychological rather than physical coercion in trafficking cases, a long-standing split among federal courts regarding the scope of the federal kidnapping statute raises significant concerns about the United States’ efforts to combat traffickers. In particular, the broad interpretation adopted by several circuits threatens effective enforcement of statutes designed to prosecute traffickers, …
Application Of The Mail And Wire Fraud Statutes To International Bribery: Questionable Prosecutions Of Questionable Payments, Richard A. Hibey
Application Of The Mail And Wire Fraud Statutes To International Bribery: Questionable Prosecutions Of Questionable Payments, Richard A. Hibey
Georgia Journal of International & Comparative Law
No abstract provided.
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Keith A Findley
Learning about the flaws in the criminal justice system that have produced wrongful convictions has progressed at a dramatic pace since the first innocent individuals were exonerated by postconviction DNA testing in 1989. Application of that knowledge to improving the criminal justice system, however, has lagged far behind the growth in knowledge. Likewise, while considerable scholarship has been devoted to identifying the factors that produce wrongful convictions, very little scholarly attention has been devoted to the processes through which knowledge about causes is translated into reforms.
Using eyewitness misidentification—one of the leading contributors to wrongful convictions and the most thoroughly …
Congressional Due Process, Andrew M. Wright
Congressional Due Process, Andrew M. Wright
Andrew M Wright
This article identifies significant deficiencies in Congress’s investigative practices. Consequences of congressional scrutiny can be profound, yet the second Congress calls, almost none of the safeguards of the American legal system are present. I argue such practices demonstrate institutional indifference to constitutional due process norms. The article highlights differences between congressional and judicial proceedings with respect to the safeguards of witnesses and targets. The purpose of congressional inquiry fundamentally differs from adjudication, and therefore does not call for the full complement of procedural rights afforded in judicial proceedings. Congress seeks facts and expertise to inform legislative judgments that will have …
Reparation Awards To Victims Of Crimes In Ohio, Catherine Petraglia
Reparation Awards To Victims Of Crimes In Ohio, Catherine Petraglia
Akron Law Review
Ohio has taken steps to assist victims of crime by enacting Revised Code sections 2743.51-.72.1 It is the purpose of this comment to review the provisions of the Ohio law, comparing it with the statutes of other states and making a preliminary assessment of its impact, strengths, and weaknesses, based on approximately two years of experience with the law in its present form. Comparison will be made with the provisions of the Uniform Crime Victims Reparation Act, drafted and approved by the National Conference of Commissioners on Uniform State Laws in 1973.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney
Susan S. Fortney
This article takes a different approach in considering the problem of prenatal drug abuse. After briefly discussing government intervention and constitutional issues, this article will consider the concept of duty and correlative rights. This discussion of duty and correlative rights suggests that the government can take measures to curb prenatal drug use without recognizing fetal rights. The article concludes with a discussion of the utility of criminal legislation as compared to public health legislation that treats drug addiction as a disease requiring treatment. As formulated, the proposal for public health legislation is not based on any concept of fetal rights. …
Lost In A Legal Thicket, Paul H. Robinson
Lost In A Legal Thicket, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.
I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan
I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan
Indiana Law Journal
This Note evaluates the transformation of Indiana’s expungement law. Part I addresses the socioeconomic impacts of a criminal record. Part II presents normative arguments both for and against expungement, concluding that the balance tips in favor of forgiveness. Parts III–IV discuss Indiana’s original expungement provisions, the 2013 statute, and the 2014 amendments. Part V explores the reaction to the new law. Finally, Part VI offers recommendations to improve the statute so that its second-chance promise is equitable, accessible, and robust.
Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf
Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf
Pace Law Review
Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants national attention.
To reduce the …
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Kim D. Chanbonpin
No abstract provided.
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring
Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring
Franklin E. Zimring
offers a look on the origins and careers of proposals for penal legislation in a time of radical change in the U.S. Descriptions of where penal policy is made in the U.S. governmental system; Information on issues of quality control in shaping, passing, implementing and reviewing penal legislation in recent U.S. experience; Role of penal legislation in changing penal practices in the past generation.
Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon
Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon
Georgia Journal of International & Comparative Law
No abstract provided.
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Articles
Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
Northwestern University Law Review
The harms of overcriminalization are usually thought of in a particular way—that the proliferation of criminal laws leads to increasing and inconsistent criminal enforcement and adjudication. For example, an offender commits an unethical or illegal act and, because of the overwhelming breadth and depth of the criminal law, becomes subject to too much prosecutorial discretion or faces disparate enforcement or punishment. But there is an additional, possibly more pernicious, harm of overcriminalization. Drawing from the fields of criminology and behavioral ethics, this Essay makes the case that overcriminalization actually increases the commission of criminal acts themselves, particularly by white-collar offenders. …
A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith
A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen
Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen
Meir Dan-Cohen
No abstract provided.
Criminal Inflictions Of Emotional Distress, Avlana Eisenberg
Criminal Inflictions Of Emotional Distress, Avlana Eisenberg
Scholarly Publications
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.
In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …
Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg
Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg
Michigan Law Review
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Georgia Journal of International & Comparative Law
No abstract provided.
Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School Of Law
Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing
Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing
Ira K Rushing
With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions. This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on …
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
Brooklyn Journal of International Law
More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.
This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …
The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson
The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson
All Faculty Scholarship
This brief essay summarizes the virtues of the modern American codification movement of the 1960s and 70s, putting it in a larger global context, then describes how these once-enviable codes have been systematically degraded with thoughtless amendments, a process of degradation that is accelerating each year. After exploring the political dynamics that promote such degradation, the essay suggests the principles and procedures for fixing the current codes and, more importantly, structural changes to the process that could avoid the restart of degradation in the future.
The War On Drugs And Prison Growth: Limited Importance, And Limited Legislative Options, John F. Pfaff
The War On Drugs And Prison Growth: Limited Importance, And Limited Legislative Options, John F. Pfaff
Faculty Scholarship
No abstract provided.
The Model Penal Code's Conceptual Error On The Nature Of Proximate Cause, And How To Fix It, Paul H. Robinson
The Model Penal Code's Conceptual Error On The Nature Of Proximate Cause, And How To Fix It, Paul H. Robinson
All Faculty Scholarship
The Model Penal Code reconceptualized proximate cause to see it as part of the offense culpability requirements rather than as, in the traditional view, a minimum requirement for the strength of the connection between the actor's conduct and the prohibited result. That conceptual error, rare in the well-thought-out Model Code, invites misinterpretation and misapplication of the proximate cause provision, and can produce improper liability results. The failure is all the more unfortunate because the Model Code drafters did have an important improvement to offer in dealing with the challenging issue of proximate cause. Their jettison of fixed detailed rules in …
The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudyak, Andreas Kuersten
The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudyak, Andreas Kuersten
All Faculty Scholarship
There are fifty-two bodies of criminal law in the United States. Each stakes out often diverse positions on a range of issues. This article defines the “American rule” for each of the issues relating to general defenses, a first contribution towards creating an “American Criminal Code.”
The article is the result of a several-year research project examining every issue relating to justification, excuse, and non-exculpatory defenses. It determines the majority American position among the fifty-two jurisdictions, and formulates statutory language for each defense that reflects that majority rule. The article also compares and contrasts the majority position to significant minority …