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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 ...


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 ...


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 ...


The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, ali reza najariyan, Saeed kharadmandi, Ali Asghar Azami, Kheyri Khazayi 2015 student

The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Ali Reza Najariyan, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi

ali reza najariyan

Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in terms of the ...


Criminal Forfeiture Procedure In 2015: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella 2015 AssetForfeitureLaw, LLC

Criminal Forfeiture Procedure In 2015: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This is another in a series of articles on developments in the federal case law relating to criminal forfeiture procedure. It covers the cases decided in 2014 and early 2015.

Like the earlier articles in this series, this one does not attempt to address every topic related to criminal forfeiture, nor all of the exceptions and nuances that apply to the topics that are addressed; rather, it covers only those matters on which there was a significant development in the case law in the past year. Thus a basic familiarity with federal criminal forfeiture procedure is assumed.

The Article begins ...


Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore 2015 Indiana University Maurer School of Law

Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore

Indiana Law Journal

On October 28, 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law by President Barack Obama. Two years later, between September and November of 2011, members of a Bergholz, Ohio, Amish community allegedly carried out five attacks in which they forcibly restrained, and cut the hair and beards of, members of other Amish communities. In September of 2012, a jury rendered a verdict in United States v. Mullet and found sixteen members of the Bergholz community—including Samuel Mullet, bishop of the community—guilty of HCPA violations. These were the first convictions ...


Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan 2015 Willamette University

Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan

Lee N Gilgan

This study would add to available research regarding recidivism rates following incarceration in private prisons in contrast to incarceration in government-run prisons. This is a non-experimental meta-analysis viewing numerous studies discussing the effects of multiple covariants within public and private prisons. Based on the information and conclusion in these studies, we find that there is little overall consensus concerning the effects of increased privatization on recidivism. While many studies find certain aspects of privatization to have some potential effect on recidivism, there are many other aspects that either are out of scope or have a negative effect on recidivism. However ...


Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson 2015 University of Oklahoma College of Law

Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson

Stephen E Henderson

I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it ...


The Hidden Psychology Of Constitutional Criminal Procedure, Tonja Jacobi, Jesse-Justin Cuevas 2015 Northwestern University

The Hidden Psychology Of Constitutional Criminal Procedure, Tonja Jacobi, Jesse-Justin Cuevas

Tonja Jacobi

There is vast empirical evidence of the difference in men and women’s perceptions of and responses to police authority, their speech patterns and conduct. Yet these differences are rarely reflected in constitutional criminal procedure law, despite many of its rules hinging on a person’s manner of expression or subtleties of behavior. Similar evidence exists for the systematic impact of juvenile status and intellectual disability, but only modest and ad hoc consideration has been given to these factors. The result is that the “reasonable person” is actually implicitly a white male, adult and able-minded. His speech and conduct are ...


Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe 2015 Special Tribunal for Lebanon

Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

This paper covers a significant but generally unknown and understudied caesure in the development of international criminal law occurred during the Boxer Rebellion, an anti-Western and anti‑Christian peasant insurgency mostly located in Northeast China. During the early stages of the Chinese intervention, at a time when the relief force was still bogged down in Beijing, approximately seventy Christians were gruesomely murdered in Paoting-fu. Securing and “punishing” the city became a priority for Western military forces, who began the necessary short march southward once Beijing’s Legation Quarter was cleared of Boxers. The Poating-fu operation could have taken the form ...


For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi 2015 Memorial University

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


Miranda 2.0, Tonja Jacobi 2015 Northwestern University

Miranda 2.0, Tonja Jacobi

Tonja Jacobi

Fifty years after Miranda v. Arizona, significant numbers of innocent suspects are falsely confessing to crimes while subject to police custodial interrogation. Critics on the left and right have proposed reforms to Miranda, but few such proposals are appropriately targeted to the problem of false confessions. Using rigorous psychological evidence of the causes of false confessions, this article analyzes the range of proposals and develops a realistic set of reforms directed specifically at this foundational challenge to the justice system. Miranda 2.0 is long overdue; it should require: warning suspects how long they can be interrogated for; delivering the ...


Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof. 2015 Chinese University of Hong Kong

Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.

Surabhi Chopra Prof.

DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA

This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.

I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori ...


Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley 2015 University of Wisconsin-Madison

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 ...


Dying To Appeal: The Long-Lasting And Ineffective Appeal Process Of The Death Sentence, Marlene Brito 2015 St. Thomas University

Dying To Appeal: The Long-Lasting And Ineffective Appeal Process Of The Death Sentence, Marlene Brito

Marlene Brito

The appeal process for death sentences in Florida must be revised to correct the ineffectiveness that is currently in place. The long-lasting procedure allows inmates to indefinitely delay their execution and live via the appeal process for over fifteen years because the statute does not provide a definite time limit. The comment discusses the death penalty in the United States, the jury override law and its consequences, the appeal process itself, and proposes an amendment to section 921.141, Florida Statutes.


Out Of Breath And Down To The Wire: A Call For Constitution-Focused Police Reform, Nancy C. Marcus 2015 Indiana Tech Law School

Out Of Breath And Down To The Wire: A Call For Constitution-Focused Police Reform, Nancy C. Marcus

Nancy C Marcus

This article chronicles a series of breathtakingly disturbing police killings of unarmed black men (and a boy) in a single year’s time, spanning from between July 2014 to July 2015, which have resulted in national outcry and sparked a movement toward police reform across the country. The article details a number of the suggested remedial measures offered to address the problem of excessive lethal police force across the country and concludes that, among the proposed reforms, one of the most important is a renewed emphasis of critical constitutional limitations upon permissible lethal police force and other unjustified treatment of ...


Visualizing Dna Proof, Nicholas L. Georgakopoulos 2015 Indiana University Robert H. McKinney School of Law

Visualizing Dna Proof, Nicholas L. Georgakopoulos

Nicholas L Georgakopoulos

DNA proof inherently involves the use of probability theory, which is often counterintuitive. Visual depictions of probability theory, however, can clarify the analysis and make it tractable. A DNA hit from a large database is a notoriously difficult probabi­li­ty theory issue, yet the visuals should enable courts and juries to handle it. The Puckett facts are an example of a general approach: A search in a large DNA database produces a hit for a cold crime from 1972 San Francisco. Probability theory allows us to process the probabilities that someone else in the database, someone not in the ...


Electroshock Injustice In Athens-Clarke County, Part 4, Donald E. Wilkes Jr. 2015 University of Georgia School of Law

Electroshock Injustice In Athens-Clarke County, Part 4, Donald E. Wilkes Jr.

Popular Media

This article, part 4 in a series, reviews the Athens Clarke County Police Department's (ACCPD) decision to purchase tasers and looks at comments from ACCPD's new police chief.


"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia 2015 SelectedWorks

"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia

Sergio Garcia

Abstract: Title 8 U.S.C. § 1326(a) makes it a crime for a previously deported alien to be “found in” the United States without the Attorney General’s consent. There is, however, a conflict among the circuits over whether an illegal alien is “found in” the United States for purposes of § 1326 when he voluntarily travels to a port of entry and is detained there by immigration authorities while he is seeking to leave the country. The circuit courts bordering Mexico and Canada disagree on this issue as a matter of law, as well as a matter of Congressional ...


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