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Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos 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 ...


Myths And Misogyny: The Legal Response To Sexual Assault, Rose Mary Lynn Ubell 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 ...


Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman 2018 University of Arkansas, Fayetteville

Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman

Arkansas Law Review

“The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not still be done.” The constitutional right to the assistance of counsel in criminal prosecutions is one of the many safeguards contained within the Sixth Amendment designed to protect the fundamental human rights of life and liberty. Unfortunately, for indigent defendants that safeguard of life and liberty operates as a mere platitude today. Stephen Bright, founder of the Southern Center for Human Rights, has bleakly summarized the crisis of indigent defense, noting that while the right to counsel is widely celebrated ...


Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2018 Arizona State University

Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 ...


Hb 452 - Domestic Terrorism, John J. Crowley, Tatiana E. Posada 2018 Georgia State University College of Law

Hb 452 - Domestic Terrorism, John J. Crowley, Tatiana E. Posada

Georgia State University Law Review

The Act creates and defines the offense of domestic terrorism in Georgia. It establishes that a person must have the intent to intimidate the public or coerce the government while causing significant harm in order to be liable for domestic terrorism. The Act also provides for training law enforcement to identify and combat domestic terrorism, to share the information with the Georgia Information Sharing and Analysis Center, and for the Georgia Information Sharing and Analysis Center to share that information with the United States Department of Homeland Security.


Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger 2018 Georgia State University College of Law

Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger

Georgia State University Law Review

The Act broadens lawful gun owners’ rights by allowing weapons carry license holders to carry concealed guns on property owned or leased by public institutions of postsecondary education. The Act creates exceptions for sporting events, student housing, childcare spaces, classes for a college and career academy and other specialized schools, classrooms for dual enrollment programs, and spaces for administrative disciplinary proceedings. The law creates a misdemeanor penalty for noncompliance, and provides definitions for clarification.


Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light 2018 Georgia State University College of Law

Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light

Georgia State University Law Review

The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.


Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr. 2018 Georgia State University College of Law

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.


Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill 2018 Georgia State University College of Law

Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill

Georgia State University Law Review

The Act amends Georgia’s probation laws by shortening the amount of time offenders spend on probation, providing local supervision, and creating a more efficient use of resources within the criminal justice system. The Act permits the transfer from parole to probation and the use of local supervision for certain offenders. The Act also allows for early release of probationers who meet the terms of their probation. The Act creates a process to automatically generate a request for early termination of probation for certain low-level offenses after the offender successfully completes three years of probation.


Hb 249 - Controlled Substances And Prescription Drug Monitoring Database, Emily R. Polk, Brandon M. Reed 2018 Georgia State University College of Law

Hb 249 - Controlled Substances And Prescription Drug Monitoring Database, Emily R. Polk, Brandon M. Reed

Georgia State University Law Review

The Act amends Georgia’s controlled-substances statutes to expand medical provider requirements to record prescription drug information in an electronic prescription drug monitoring program database (PDMP). Medical providers are now required to use the PDMP to enter information about their prescription of certain types and quantities of opioids. The purpose of the act is to fight Schedule II opioid abuse throughout the state of Georgia. A medical provider’s failure to report required information is reported to his or her respective state regulatory board for possible reprimand. In addition to mandatory reporting, the Act includes various other provisions related to ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2018 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews 2018 The University of Kent

Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Decriminalization Of Prostitution: The Soros Effect, Jody Raphael 2018 University of Rhode Island

Decriminalization Of Prostitution: The Soros Effect, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full ...


Justice In The Prc: How The Chinese Communist Party Has Struggled With Managing Public Opinion And The Administration Of Criminal Justice In The Internet Age, Ira Belkin 2018 New York University School of Law

Justice In The Prc: How The Chinese Communist Party Has Struggled With Managing Public Opinion And The Administration Of Criminal Justice In The Internet Age, Ira Belkin

New York University Public Law and Legal Theory Working Papers

The influence of Chinese public opinion on individual criminal case decisions is a phenomenon that has received a great deal of attention in China and around the world. Some commentators have lauded the phenomenon as empowering the public to seek justice in Chinese courts. Others have expressed concern that following public opinion may achieve justice in an individual case but does little to improve the justice system. Even worse, some fear that appeasement of public opinion in the name of maintaining social stability is leading to a kind of mob justice where life and death is determined by the emotion ...


Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel 2017 University of Idaho College of Law

Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel

David Pimentel

Civil asset forfeiture is an extraordinarily powerful tool for law enforcement, allowing the seizure of assets without proof of wrongdoing, and with few safeguards in place to protect innocent owners. The incentives to overreach are powerful as police are usually able to keep whatever they seize for their own use. Federal reform in 2000 was largely ineffective to rein in the abuses, and with public outrage against the practice rising, states are starting to weigh in with reforms of their own. But this is a complex area of law, and the financial incentives to perpetuate it are powerful. Accordingly, many ...


Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira 2017 Cleveland-Marshall College of Law

Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira

Cleveland State Law Review

Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against ...


Intercepción De Meta Datos De Comunicaciones A Través De Telefonos Móviles. El Imsi Catcher Y Su Regulación En El Ordenamiento Procesal Penal Alemán, Dario Nicolas Rolon 2017 University of Munich

Intercepción De Meta Datos De Comunicaciones A Través De Telefonos Móviles. El Imsi Catcher Y Su Regulación En El Ordenamiento Procesal Penal Alemán, Dario Nicolas Rolon

Dario Nicolas Rolon

Este artículo se ocupa de la legislación del denominado IMSI-Catcher bajo
la Ley Alemana de Procedimientos Penales (§100i StPO), y la Ley Constitucional Alema-
na. El IMSI-Catcher es un dispositivo técnico diseñado por la firma Rhode and Schwarz
en 1996 para la búsqueda, identificación y almacenamiento de la identidad internacional
móvil de suscriptor (IMSI), para determinar la identidad internacional del equipo móvil
(IMEI) y para localizar a los usuarios del dispositivo móvil conectado al sistema de red
global de comunicación móvil (en sus siglas en inglés «GMS»). El marco legal del IMSI-
Catcher en Alemania ha sido durante mucho tiempo ...


Rodriguez V. State, 133 Nev. Adv. Op. 110 (Dec. 28, 2017), Natice Locke, Natice Locke 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Rodriguez V. State, 133 Nev. Adv. Op. 110 (Dec. 28, 2017), Natice Locke, Natice Locke

Nevada Supreme Court Summaries

The Court determined that both the inherently dangerous and the functional definitions apply to “deadly weapon,” and that the use of the functional definition does not go against the legislature’s intent in NRS 200.481.


Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox

Nevada Supreme Court Summaries

The Court clarified the definition of an indigent person and the demonstration of need sufficient required for an indigent person’s request for defense services. The Court additionally held that Widdis v. Second Judicial Dist. Court does not require an indigent defendant to request a sum certain before the consideration or granting of a motion for defense services at public expense.


Shue V. State Of Nevada, 133 Nev. Adv. Op. 99 (Dec. 14, 2017), Margaret Higgins 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Shue V. State Of Nevada, 133 Nev. Adv. Op. 99 (Dec. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) under NRS 200.710(2), knowingly using a minor as the subject of a sexual portrayal in a performance, the proper unit of prosecution is one conviction per each distinct minor appearing as the subject of a sexual portrayal in a performance; (2) under NRS 200.730, the “simultaneous possession at one time and place of [multiple] images depicting child pornography constituted a single violation of NRS 200.730”; (3) the statute barring the “sexual portrayals” of minors are not overbroad and do not violate the First Amendment or the Due Process Clause ...


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