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A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino 2018 Elisabeth Haub School of Law at Pace University

A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino

Pace Environmental Law Review

Climate change will lead to an increase in violent crime. More rapes and violent felonies occur during the warm summer months than in cooler temperatures. As climate change progresses, there will be longer summers, higher temperatures, and thus, more violent crime. This Note examines whether American sanctions of environmental crimes that contribute to climate change should become more stringent given what we now know about the violent consequences of climate change. Part II of this Note describes the history and scientific evidence which proves that rising temperatures increase the rate of violent crimes. Part III reviews current regulations that deal ...


Rape Messaging, Alena Allen 2018 University of Memphis Cecil C. Humphreys School of Law

Rape Messaging, Alena Allen

Fordham Law Review

When feminists began advocating for rape reform in the 1970s, the rape message was clear: rape was not a crime to be taken seriously because women lie. After decades of criminal law reform, the legal requirement that a woman vigorously resist a man’s sexual advances to prove that she was raped has largely disappeared from the statute books, and, in theory, rape shield laws make a woman’s prior sexual history irrelevant. Yet, despite what the law dictates, rape law reforms have not had a “trickle-down” effect, where changes in law lead to changes in attitude. Women are still ...


Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere McKenzie, Vednita Carter 2018 Cook County Sheriff's Office

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal on Sexual Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible ...


You Say Intrastate, I Say Interstate: Why We Should Call The Whole Thing Off, Andrew Wiktor 2018 Fordham University School of Law

You Say Intrastate, I Say Interstate: Why We Should Call The Whole Thing Off, Andrew Wiktor

Fordham Law Review

As society evolves, so do criminals. In the early twentieth century, America embraced the automobile, passed the Volstead Act, and created a national highway program. These developments inadvertently paved the way for interstate criminal enterprise. Infamous gangsters such as Al Capone were able to operate large-scale racketeering syndicates without fear of being prosecuted for two primary reasons: (1) states lacked jurisdiction, resources, or both to go after such criminals, and (2) there was no federal criminal statute to fill the gap left by the states. But as criminals evolve, so does society. In 1961, Congress, at the urging of Attorney ...


State V. Plunkett, 134 Nev. Adv. Op. 88 (Nov. 15, 2018) (En Banc), Austin Maul 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

State V. Plunkett, 134 Nev. Adv. Op. 88 (Nov. 15, 2018) (En Banc), Austin Maul

Nevada Supreme Court Summaries

The Court held that NRS 212.165(4) imposes criminal liability on nonprisoners who assist prisoners in jail possessing cellphones.


Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad 2018 University of Pennsylvania

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

Faculty Scholarship at Penn Law

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...


Demanding Accountability In Domestic Violence Courts, Johnna Pike 2018 Newbury College - Brookline

Demanding Accountability In Domestic Violence Courts, Johnna Pike

Violence Against Women conference

This presentation explores whether specialized domestic violence courts are achieving their stated objective of abuser accountability. Domestic violence emerged from the private realm of family life into the public consciousness during the 1970s. Since then, there has been a largely successful movement to reframe domestic violence as a “real” social problem necessitating meaningful criminal justice intervention. Within the criminal justice system, victim and feminist groups have mostly prevailed in controlling the discourse around domestic violence as a gender-based offense. As a result, a criminal court model aimed at empowering victims and at holding abusers accountable has emerged. However, the efficacy ...


Tennessee's Death Penalty Lottery, Bradley A. MacLean, H. E. Miller Jr. 2018 University of Tennessee, Knoxville

Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr.

Tennessee Journal of Law and Policy

Over the past 40 years, Tennessee has imposed sustained death sentences on 86 of the more than 2,500 defendants found guilty of first degree murder; and the State has executed only six of those defendants. How are those few selected? Is Tennessee consistently and reliably sentencing to death only the “worst of the bad”? To answer these questions, we surveyed all of Tennessee’s first degree murder cases since 1977, when Tennessee enacted its current capital punishment system. Tennessee’s scheme was designed in response to the U.S. Supreme Court’s decision in Furman v. Georgia, which held ...


287(G) Agreements In The Trump Era, Huyen Pham 2018 Texas A&M University School of Law

287(G) Agreements In The Trump Era, Huyen Pham

Washington and Lee Law Review

No abstract provided.


Approaches To Justice, Katie Pleiss 2018 Emory University

Approaches To Justice, Katie Pleiss

Georgia Undergraduate Research Conference (GURC)

Approaches to Justice

How do we seek justice in this country? What issues surround incarceration? How are the effects of mass incarceration felt in local communities? I am currently addressing these research questions, among others, as I engage with the criminal justice system through my year-long research at Emory’s Oxford College and in prisons and with nonprofits throughout Georgia. I am reading and evaluating texts centering around theories of incarceration, the death penalty, and criminal justice reform, including Bryan Stevenson’s Just Mercyand Michelle Alexander’s New Jim Crow. I also interned with The Georgia Innocence Project this ...


Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal 2018 Roger Williams University

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.


The Consensus Myth In Criminal Justice Reform, Benjamin Levin 2018 University of Colorado Law School

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Michigan Law Review

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame ...


Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor 2018 australian catholic university

Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor

Faculty of Education and Arts Publications

No abstract provided.


A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock 2018 University of Southern California Law

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Emily Ryo

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.


Adults' Perceptions Of Children's Referentially Ambiguous Responses, Breanne E. Wylie, Thomas D. Lyon, Alison M. O'Connor, Christina Lapytskaia, Angela Evans 2018 Brock University

Adults' Perceptions Of Children's Referentially Ambiguous Responses, Breanne E. Wylie, Thomas D. Lyon, Alison M. O'Connor, Christina Lapytskaia, Angela Evans

University of Southern California Legal Studies Working Paper Series

The present study examined adults’ (N = 295) interpretations of child witnesses’ referentially ambiguous “yes” and “no” responses to “Do You Know/Remember (DYK/R) if/whether” questions (e.g., “Do you know if it was blue?”). Participants were presented with transcripts from child sexual abuse cases modified based on question format (DYK/R vs. Direct) and child response type (Yes, No, I don’t know) in a between subjects design. We assessed whether adults recognized that children’s ambiguous responses were unclear, and if not, how they were interpreting children’s responses compared to the control (Direct) conditions. More specifically ...


65. Adults’ Perceptions Of Children’S Referentially Ambiguous Responses., Breanne E. Wylie, Thomas D. Lyon, Alison M. O’Connor, Christina Lapytskaia, Angela D. Evans 2018 Brock University

65. Adults’ Perceptions Of Children’S Referentially Ambiguous Responses., Breanne E. Wylie, Thomas D. Lyon, Alison M. O’Connor, Christina Lapytskaia, Angela D. Evans

Thomas D. Lyon

The present study examined adults’ (N = 295) interpretations of child witnesses’ referentially ambiguous “yes” and “no” responses to “Do You Know/Remember (DYK/R) if/whether” questions (e.g., “Do you know if it was blue?”). Participants were presented with transcripts from child sexual abuse cases modified based on question format (DYK/R vs. Direct) and child response type (Yes, No, I don’t know) in a between subjects design. We assessed whether adults recognized that children’s ambiguous responses were unclear, and if not, how they were interpreting children’s responses compared to the control (Direct) conditions. More specifically ...


Juvenile Drug Courts, Allison Washburn 2018 Liberty University

Juvenile Drug Courts, Allison Washburn

The Kabod

Past criminalization of drug crimes in response to the social control of drugs in the United States has led to harsh punitive sentences for drug crimes. Since 1989, drug courts have proliferated across the United States as a unique response to non-violent drug crimes. Over the past few decades, as legislation has increasingly criminalized drugs, the number of drug crimes has skyrocketed. Juvenile drug courts are a relatively new response to juvenile drug crimes. This paper seeks to explain the purpose and processes of juvenile drug courts to determine the areas of research necessary to better understand these programs and ...


Criminal Doctrines Of Faith, David Jaros 2018 University of Baltimore School of Law

Criminal Doctrines Of Faith, David Jaros

Boston College Law Review

Decisions like Miranda v. Arizona helped popularize a conception of the courts as a protector of criminal defendants and a bulwark against overly aggressive law enforcement. But from arrest through trial, the U.S. Supreme Court has fashioned criminal constitutional procedure with a deep and abiding faith in the motivations of the criminal justice system’s actors. Even decisions that vindicate individual constitutional rights at the expense of police and prosecutorial power are shaped by the Court’s fundamental trust in those same actors. They establish, in essence, “Criminal Doctrines of Faith.” Criminal Doctrines of Faith pervade each stage of ...


Williams V. State, 134 Nev. Adv. Op. 83 (Oct. 25, 2018), Arthur Burn 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Williams V. State, 134 Nev. Adv. Op. 83 (Oct. 25, 2018), Arthur Burn

Nevada Supreme Court Summaries

The Court determined that (1) a district court must perform a comprehensive three-step analysis when a defendant challenges the use of race in peremptory strikes and that (2) a district court should hold a hearing when a defendant seeks to admit evidence showing that a minor victim could have contrived sexual abuse allegations.


If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad 2018 Boston College Law School

If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad

Boston College Law Review

Secrecy is an ally of sexual violence. For decades, victims of sexual abuse have remained silent about their experiences. The recent emergence of the #MeToo movement in the aftermath of the scandals surrounding movie mogul Harvey Weinstein and television personalities Roger Ailes and Bill O’Reilly raises larger questions about whether employers are partly to blame because of the widespread use of non-disclosure agreements in settlements. The movement, while exposing the magnitude of the problem, also makes it clear that silencing victims’ speech means that sexual violence will never truly be settled. This Note argues that non-disclosure agreements in cases ...


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