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Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney 2016 University of South Carolina - Columbia

Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney

Jeffrey K Gurney

Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.

This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms.

In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they ...


In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. 2016 Streetwise and Safe

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


Human Trafficking, Cheryl George, Professor, Robert W. Piatt, Jr. 2016

Human Trafficking, Cheryl George, Professor, Robert W. Piatt, Jr.

Cheryl Page

Human Trafficking explores the legal, moral, and political attempts to contain sex and labor trafficking. The authors bring unique perspectives to these topics. Professor Page, an African-American woman all too familiar with the vestiges of slavery, has written and lectured internationally on trafficking. Professor Piatt, a Hispanic law professor and former law school dean, brings his international experience as an educator, author, and advocate regarding immigration and human rights matters to bear. The book considers efforts at containment, including controversial topics such as whether prostitution should be legalized. It concludes with specific approaches to eliminate trafficking.


Manslaughter In The Workplace.Pdf, Neil Foster 2016 University of Newcastle, NSW, Australia

Manslaughter In The Workplace.Pdf, Neil Foster

Neil J Foster

Discusses a recent important decision of the NSW Court of Criminal Appeal holding that a company director may, in certain circumstances, be convicted of the manslaughter of a company employee.


Extraterritorial Criminal Jurisdiction, Michael Farbiarz 2016 New York University Law School

Extraterritorial Criminal Jurisdiction, Michael Farbiarz

Michigan Law Review

Over and over again during the past few decades, the federal government has launched ambitious international prosecutions in the service of U.S. national security goals. These extraterritorial prosecutions of terrorists, arms traffickers, and drug lords have forced courts to grapple with a question that has long been latent in the law: What outer boundaries does the Constitution place on criminal jurisdiction? Answering this question, the federal courts have crafted a new due process jurisprudence. This Article argues that this jurisprudence is fundamentally wrong. By implicitly constitutionalizing concerns for international comity, the new due process jurisprudence usurps the popular branches ...


The Effect Of Attitudes Towards The Death Penalty On Forensic Clinical Judgments Of Competency For Execution, Eugenia Garcia-Dubus 2016 Graduate Center, City University of New York

The Effect Of Attitudes Towards The Death Penalty On Forensic Clinical Judgments Of Competency For Execution, Eugenia Garcia-Dubus

All Dissertations, Theses, and Capstone Projects (2014-Present)

Capital punishment has been a part of the American Justice System since colonial times. A brief historical overview reveals a general tendency towards the imposition of restrictions on who is eligible for the death penalty (DP). In a series of decisions, the Supreme Court has held that the execution of an incompetent inmate is unconstitutional, but the topic is controversial among mental health professionals. The likelihood of clinician attitudes towards the DP affecting judgments of competency for execution (CFE) is discussed in the context of existing literature. The vagueness of the current CFE standard is thought to contribute to this ...


Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe 2016 University of Ottawa Faculty of Law

Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe

Western Journal of Legal Studies

Section 231(5)(e) of the Criminal Code elevates murder to first-degree murder when a death is caused while committing unlawful confinement per s. 279 of the Criminal Code. The corresponding mandatory sentence is life imprisonment with no eligibility for parole until 25 years have been served. The Supreme Court of Canada held that this provision was constitutional in R v Luxton, since it did not violate the principles of fundamental justice and was not considered cruel and unusual punishment, contrary to s. 7 and 12 of the Canadian Charter of Rights and Freedoms, respectively.

However, lower courts ought to ...


Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall 2016 Boston College Law School

Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall

Boston College Law Review

Even after a criminal case is disposed of and a period of incarceration or probation is completed, individuals who have become involved in the criminal justice system often face a myriad of collateral consequences based on their criminal records. In order to promote reintegration and combat recidivism, many states have taken legislative actions to ease the burden associated with having a criminal record. In recent years, these efforts have led several states to reform or enact statutes for criminal record sealing or expungement, a controversial, yet highly efficacious tool to provide greater employment and housing opportunities for ex-offenders. In 2010 ...


Beyond Willful Ignorance, Alexander F. Sarch 2016 University Southern California

Beyond Willful Ignorance, Alexander F. Sarch

University of Southern California Legal Studies Working Paper Series

The law allows willful ignorance to substitute for knowledge on the theory that these two mental states are equally culpable. This Article argues that, as a result, the law is also committed to allowing some forms of egregious non-willful ignorance—most importantly, reckless ignorance—to substitute for knowledge when the conditions of equal culpability are met. In addition to developing this theoretical argument, the Article argues that some courts already allow reckless ignorance to substitute for knowledge—namely, in cases governed by the collective knowledge doctrine. Allowing reckless ignorance to substitute for knowledge is thus not unprecedented. What’s more ...


Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo 2016 Notre Dame Law School

Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo

Journal of Legislation

This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.


Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon 2016 University of California, Irvine

Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Although adverse effects of suggestive interviewing on children's accuracy are well documented, it remains unclear as to whether these effects vary depending on the valence of and the actor implicated in suggestions. In this study, 124 3-8-year-olds participated in a classroom activity and were later questioned about positive and negative false details. The interviewer provided positive reinforcement when children acquiesced to suggestions and negative feedback when they did not. Following reinforcement or feedback, young children were comparably suggestible for positive and negative details. With age, resistance to suggestions about negative details emerged first, followed by resistance to suggestions about ...


Caribbean Treaty Against Sex Crimes And Human Trafficking , Working Draft, Jonathan m Bhagan 2016

Caribbean Treaty Against Sex Crimes And Human Trafficking , Working Draft, Jonathan M Bhagan

Jonathan m Bhagan

The purpose and scope of this treaty is as follows :
1.  To establish an organization that be responsible for furthering regional cooperation in the fight against sex crimes and human trafficking.

2.   To establish a regional sex offenders registry and mandate that signatories establish local sex offenders registries.

3.   To establish regional databases for persons charged with sex crimes and human trafficking so as facilitate regional cooperation in tracking potential sex offenders, and most importantly to provide data for research that will inform future policies and laws.

4.   To create a system of notification to track whenever an offender moves ...


Repeated Self- And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance, Stacia N. Stolzenberg, Thomas D. Lyon 2016 Arizona State University

Repeated Self- And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The present study examined whether a training model that focuses on consistent exposure to protocol procedure, self-evaluation, and intensive peer-review sessions could improve interviewers’ ability to adhere to best practices. Law students (N¼19) interviewed 5- to 10-year-old children on a weekly basis as part of a semester-long forensic child interviewing class. They transcribed their interviews, and participated in 1-hr self- and peer-reviews. The proportion of each question type was calculated (option-posing, Wh- questions [what, how, where, why, when, and who], and open-invitations) within each interview for each interviewer. Across 10 weeks of interviews, interviewers consistently improved their performance, decreasing the ...


What's Going On In Our Prisons?, Michael B. Mushlin 2016 Pace Law School

What's Going On In Our Prisons?, Michael B. Mushlin

Pace Law Faculty Publications

Additional governmental oversight is urgently needed to truly change the culture of a system that holds 53,000 inmates across 54 prisons in New York State. What goes on inside these prisons is largely hidden from view, and there is little accountability for wrongdoing. The State Legislature should follow the A.B.A.’s guidance and establish a monitoring body with unfettered access to prison facilities, staff, inmates and records in announced or unannounced visits.


Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill 2016 John Marshall Law School

Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


The Culture Of Mass Incarceration: Why "Locking Them Up And Throwing Away The Key" Isn't Working And How Prison Conditions Can Be Improved, Melanie M. Reid 2016 Lincoln Memorial University - Duncan School of Law

The Culture Of Mass Incarceration: Why "Locking Them Up And Throwing Away The Key" Isn't Working And How Prison Conditions Can Be Improved, Melanie M. Reid

Melanie M. Reid

No abstract provided.


Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich 2016 Elon University School of Law

Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich

Michael L Rich

At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when ...


Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai 2016 University of Oklahoma College of Law

Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai

Stephen E Henderson

In this invited contribution to the Law Journal’s annual teaching volume, we pay some homage to the great philosopher whose spirit allegedly guides our classrooms, but in service of two concrete goals. One, we employ dialogue to describe the “nuts and bolts” of teaching criminal procedure, most of which are equally relevant to any doctrinal law school course (including course description, office hours, seating charts and attendance, class decorum and recording, student participation, laptops, textbooks, class preparation and presentation, and exams). Two, we explain the benefits of using multimedia in the classroom, including a few of the many modules ...


"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless 2016 University of Miami School of Law

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...


Salvaging ‘Safe Spaces’: Protecting Lgbtq Youth Of Color From Policing In Congregate And Non-Congregate Social Services, Brendan M. Conner 2016 Streetwise and Safe

Salvaging ‘Safe Spaces’: Protecting Lgbtq Youth Of Color From Policing In Congregate And Non-Congregate Social Services, Brendan M. Conner

Brendan M. Conner

The concept of “safe space” for lesbian, gay, bisexual, transgender and queer (“LGBTQ”) young people is one traditionally applied to educators’ responsibilities to create safe havens for LGBTQ students, by creating space for dialogue and addressing name-calling, bullying and harassment. The term is increasingly used in advocacy to reform the child welfare system, particularly in the areas of adopting safer foster care and group home placement, housing classification procedures, and in sensitizing youth-serving professionals. Rarely is an equivalence drawn between reform efforts and the obligation of youth-serving professionals to uphold the legal rights of their clients and increase safety from ...


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