Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, 2019 University of Arkansas School of Law
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Michigan Journal of Gender and Law
Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...
Criminology (Gsu, Clayton), 2018 Georgia State University
Criminology (Gsu, Clayton), Scott Jacques, Andrea Allen
Criminal Justice Grants Collections
This Grants Collection for Criminology was created under a Round Nine ALG Textbook Transformation Grant.
Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.
Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:
- Linked Syllabus
- Initial Proposal
- Final Report
Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, 2018 University of Maine School of Law
Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett
Maine Law Review
In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to ...
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, 2018 University of Maine School of Law
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Maine Law Review
After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as ...
Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, 2018 University of Maine School of Law
Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford
Maine Law Review
In recent years, several decisions of the Maine Supreme Judicial Court sitting as the Law Court have addressed the comments of prosecutors in final argument before criminal juries. Three of those decisions in particular have caused concern among prosecutors and have stirred discussion in the Maine legal community. In vacating convictions in State v. Steen, State v. Casella, and State v. Tripp, the Law Court focused on the language used by the prosecutors during closing argument and concluded that those prosecutors impermissibly expressed personal opinion concerning the credibility of the defendants, or witnesses called by the defendants. This Article examines ...
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, 2018 Selected Works
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
James W. Ellis
No abstract provided.
Fixing A Non-Existent Problem With An Ineffective Solution: Doe V. Snyder And Michigan's Punitive Sex Offender Registration And Notification Laws, Joshua E. Montgomery
Akron Law Review
Sex offender registration and notification laws (SORAs) in the United States apply not only to those who commit sex offenses after the enactment of such laws, but also to those who committed sex offenses before those laws were enacted. However, the Ex Post Facto Clause of the Constitution prevents the retroactive application of a punitive law; this means that a person cannot be punished for a bad act that the person committed before the law punishing that act was enacted. Importantly, the Ex Post Facto Clause does not prohibit the retroactive application of a civil, regulatory—i.e., non-punitive—law ...
The Hardship That Is Internet Deprivation And What It Means For Sentencing: Development Of The Internet Sanction And Connectivity For Prisoners, Mirko Bagaric, Nick Fischer, Dan Hunter
Akron Law Review
Twenty years ago, the internet was a novel tool. Now it is such an ingrained part of most people’s lives that they experience and exhibit signs of anxiety and stress if they cannot access it. Non-accessibility to the internet can also tangibly set back peoples’ social, educational, financial, and vocational pursuits and interests. In this Article, we argue that the sentencing law needs to be reformed to adapt to the fundamental changes in human behavior caused by the internet.
We present three novel and major implications for the sentencing law and practice in the era of the internet. First ...
Dissecting The Aba Texas Capital Punishment Assessment Report Of 2013: Death And Texas, A Surprising Improvement, 2018 The University of Akron
Dissecting The Aba Texas Capital Punishment Assessment Report Of 2013: Death And Texas, A Surprising Improvement, Patrick S. Metze
Akron Law Review
Professor Metze dissects the American Bar Association report, September 2013, entitled Evaluating Fairness and Accuracy in State Death Penalty Systems: The Texas Capital Punishment Assessment Report—An Analysis of Texas’s Death Penalty Laws, Procedures and Practices. This Report was produced by the ABA’s Section of Individual Rights and Responsibilities, specifically the Death Penalty Due Process Review Project, which identified 12 inadequacies in the Texas Capital Punishment System, recommended changes, and evaluated compliance. Now, four years and two legislative sessions later, this Article explores what Texas has done in the interim to improve its death penalty process. Incredibly, the ...
Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, 2018 Texas A&M University School of Law
Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, Brian Harris
Texas A&M Law Review
The U.S. Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” To this end, Congress created the copyright system “[t]o promote the Progress of Science” and the patent system for promoting the progress of useful arts. The American patent system can be though of as a vehicle for converting an intangible idea into a form of property. Since the beginning of the American patent system, social benefit has been a key component of the ...
State V. Brackett: Does The State Have A Right Of Appeal?, 2018 University of Maine School of Law
State V. Brackett: Does The State Have A Right Of Appeal?, Theodore A. Small
Maine Law Review
In State v. Brackett, the defendant was charged with kidnapping, gross sexual assault, burglary, and criminal threatening with the use of a dangerous weapon. The State of Maine filed an in limine motion to exclude any evidence relating to the victim's past sexual behavior, including evidence that the victim may have been a prostitute sometime prior to the incident in dispute. Although evidence of a victim's past sexual behavior is generally inadmissible. The State appealed. A divided Maine Supreme Judicial Court, sitting as the Law Court, declined to rule on the merits of the appeal, holding that the ...
Overawed And Overwhelmed: Juvenile Miranda Incomprehension, 2018 University of Maine School of Law
Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey
Maine Law Review
Each year approximately one million juveniles in the United States are arrested and read the Miranda warnings. Though studies have shown that the majority of those children do not understand the warnings, most of them must decide alone whether to waive their constitutional rights— and nearly all ultimately make that choice without the help of an attorney. The Supreme Court has recognized that children differ from adults in critical ways, and those differences have important implications for juveniles’ ability to meaningfully waive their Miranda rights. To ensure that juveniles’ constitutional rights are protected, the Supreme Court should take up the ...
The Persistence Of Fatal Police Taserings In 2017, 2018 University of Georgia School of Law
The Persistence Of Fatal Police Taserings In 2017, Donald E. Wilkes Jr.
Fatal police taserings are a persistent phenomenon in the United States. Every year dozens of Americans are fatally tasered by our police.This article looks at the number of deaths cause by police tasering during 2017.
Moral Mode Switching: From Punishment To Public Health, 2018 The Graduate Center, City University of New York
Moral Mode Switching: From Punishment To Public Health, Stephen Koppel
All Dissertations, Theses, and Capstone Projects
A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved ...
Innovating Criminal Justice, 2018 Northwestern University School of Law
Innovating Criminal Justice, Natalie Ram
Northwestern University Law Review
From secret stingray devices that can pinpoint a suspect’s location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools.
This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed ...
City Harvest Case And The Separation Of Powers, 2018 Singapore Management University
City Harvest Case And The Separation Of Powers, Yihan Goh
Research Collection School Of Law
Verdict provides important example of how the courts and Parliament play different roles in Singapore's legal system. The Court of Appeal last week upheld the reduced sentences passed in the City Harvest Church (CHC) case. Six former church leaders were charged with having conspired to commit the aggravated offence of criminal breach of trust (CBT) as an "agent" under Section 409 of the Penal Code. Departing from the earlier interpretation that had stood for the past 40 years, the court decided that Section 409 applied only to professional agents, which the former church leaders were not. The charges were ...
Correctional Officers, Step Off The Treadmill Of Power: The Lack Of Moral Authority In U.S. Correctional Officers, 2018 Carroll College, Helena, MT
Correctional Officers, Step Off The Treadmill Of Power: The Lack Of Moral Authority In U.S. Correctional Officers, Kavida Naidu
Power, Voice, Mandate: Moral Authority in the Contemporary Age
The abuse of authority and power is commonly encountered in different institutions. Similarly, prisons are not immune to the overuse of authority and power. Correctional officers exercise their authority on inmates in ways that result in a prison culture, which is filled with violence and dehumanization. Correctional officers often consider inmates as morally inferior beings, who deserve to be punished beyond sentence, for the crimes that they have committed are inexcusable. However, the abrasive environment of prisons places correctional officers in a situation where they eventually adopt the prison identity and find themselves trapped in this brutish incarcerated culture. This ...
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, 2018 Ave Maria School of Law
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
No abstract provided.
Champions For Justice 2018, 2018 Roger Williams University
Champions For Justice 2018, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Myths And Misogyny: The Legal Response To Sexual Assault, 2018 Western University
Myths And Misogyny: The Legal Response To Sexual Assault, Rose Mary Lynn Ubell
Master of Studies in Law Research Papers Repository
Sexual assault is a persistent form of violence against women that is rooted in gender inequality. It violates the sexual integrity of the victim and can have lasting psychological and emotional effects on both victims and their families. Sexual assault is a significant social and cultural problem within Canadian society. This paper presents an examination of the problems with the legal response to sexual assault that are still prevalent within the Canadian justice system despite the many positive changes in law that have come about in the last three decades. It is divided into three main chapters. The first draws ...