Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

13,852 Full-Text Articles 8,163 Authors 4,594,711 Downloads 144 Institutions

All Articles in Criminal Law

Faceted Search

13,852 full-text articles. Page 1 of 132.

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 ...


The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Michele C. Materni 2015 Harvard University

The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Michele C. Materni

Mike C Materni

Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy; but rather, in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the ...


Driving Into The Unknown: Examining The Crossroads Of Criminal Law And Autonomous Vehicles, Jeffrey K. Gurney 2015 University of South Carolina - Columbia

Driving Into The Unknown: Examining The Crossroads Of Criminal Law And Autonomous Vehicles, Jeffrey K. Gurney

Jeffrey K Gurney

This Article examines the application of criminal law to autonomous vehicles. The Article applies the general purposes of punishment to criminal laws which intersect with autonomous vehicles. These laws include: (1) rules of the road; (2) driving under the influence; (3) reckless driving; (4) vehicular manslaughter; (5) location specific crimes; and (6) physical and virtual interference with a vehicle. This Article provides an overview of how a violation of these criminal laws will be treated under current criminal law, and then it argues that current law should be amended because the current application of criminal and traffic laws to autonomous ...


Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, Donald E. Wilkes Jr. 2015 University of Georgia School of Law

Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, Donald E. Wilkes Jr.

Popular Media

On Tuesday, Jan. 27, 2015, the state of Georgia executed Warren Lee Hill, Jr. by lethal injection at the state prison in Jackson. This state unconstitutionally wielded its most dangerous and irreversible power, the power to kill. A prisoner with significantly sub-average intellectual functioning, a 54-year old man with the mind of a boy, was strapped down and killed in flagrant violation of a provision of the Bill of Rights intended to maintain human dignity.

This article discusses capital punishment against intellectually disabled individuals and how the erosion of habeas corpus at the Federal and state level and the abandonment ...


Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer 2015 West Virginia University

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Arthur L. Rizer III

The recent protests, police overreaction, and subsequent riots in Ferguson, Missouri, demonstrated to Americans and to the world the true extent of the militarization of police in communities across the United States. Deployed throughout Ferguson, in preemption and then in response to protesters’ actions, were ranks of heavily armed, flak-jacketed, camouflage uniformed police standing atop and around armored personnel carriers with machine guns mounted. Such a response evidences that the line between police and soldiers in communities is blurring, if not blurred. This militarization is, in part, a result of a principle Americans have held dear since our founding, that ...


0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff 2015 Law Professor

0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff

Theodore Y. Blumoff

Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers ...


Evidence Laundering: How Herring Made Ignorance The Best Detergent, Kay L. Levine, Jenia I. Turner, Ronald F. Wright 2015 Emory University

Evidence Laundering: How Herring Made Ignorance The Best Detergent, Kay L. Levine, Jenia I. Turner, Ronald F. Wright

Kay L Levine

ABSTRACT for

Evidence Laundering: How Herring Made Ignorance the Best Detergent

Kay L. Levine, Jenia I. Turner and Ronald F. Wright

The Supreme Court’s decision in Herring v. United States authorizes police to defeat the Fourth Amendment’s protections through a process we call evidence laundering. Evidence laundering occurs when one police officer makes a constitutional mistake when gathering evidence and then passes that evidence along to a second officer, who receives the evidence, develops it further, and delivers it to prosecutors for use in a criminal case. When courts admit the evidence based on the good faith of ...


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele 2015 Brooklyn Law School

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

Ursula Bentele

Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the ...


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele 2015 Brooklyn Law School

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

Ursula Bentele

Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the ...


Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick 2015 Florida State University

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250 year old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision making models suggest that criminals must be risk-seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different than law abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill-informed, and ...


Lethal Injection In Unchartered Territory: The Need To Ensure The Humanity Of Current Death Penalty Practices, Rebecca Salk 2015 Georgetown University Law Center

Lethal Injection In Unchartered Territory: The Need To Ensure The Humanity Of Current Death Penalty Practices, Rebecca Salk

Rebecca Salk

Please note that this is a student submission.

Lethal injection, when first legalized in the late 1970s, was viewed by many as safe, reliable, and humane. Today, however, lethal injection does not always perform as promised. Due to difficulty sourcing lethal injection drugs, states are utilizing untested lethal injection protocols, with little knowledge or experience to guide them. This paper argues that lethal injection reform requires regulation similar to that for human subject research. I argue that (1) the practice of utilizing untested lethal injection methods falls under the definition of “human subject research” as per the federal statutory definition ...


Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore 2015 University of Cincinnati College of Law

Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore

Janet Moore

A democracy deficit undermines the legitimacy of criminal justice systems. People enmeshed in these systems are disproportionately poor people and people of color with little voice in creating or implementing the governing law. A stark example is the Sixth Amendment right to choose a lawyer. This understudied and undertheorized right is protected for criminal defendants who can afford to hire counsel. Yet according to Supreme Court dicta and rulings by other courts across the country, poor people “have no right to choose” their lawyers. This Article argues that the Sixth Amendment right to choose should apply to the overwhelming majority ...


Deferred Corporate Prosecution As Corrupt Regime: The Case For Prison, 2015 The George Washington University

Deferred Corporate Prosecution As Corrupt Regime: The Case For Prison

Lawrence E. Mitchell

Abstract: This paper looks at the growing phenomenon of deferred corporate criminal prosecutions from a new perspective. The literature accepts the practice and is largely concerned with the degree to which efficient and effective criminal deterrence is achieved through pretrial diversion. I examine the practice and conclude that it presents, from a structural perspective, a case of a corrupt law enforcement regime centered in the United States Department of Justice. The regime works in effective –if unintentional-- conspiracy with corporate officials to produce an inefficient enforcement regime that disregards democratic processes and threatens a loss of respect for the rule ...


Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett 2015 University of Georgia School of Law

Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett

Georgia Journal of International & Comparative Law

No abstract provided.


Combatting International Terrorism: The Role Of Congress, Dante B. Fascell 2015 United States House of Representatives

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.


Evidence Laundering: How Herring Made Ignorance The Best Detergent, Kay L. Levine 2015 Emory University

Evidence Laundering: How Herring Made Ignorance The Best Detergent, Kay L. Levine

Kay L Levine

The Supreme Court’s decision in Herring v. United States authorizes police to defeat the Fourth Amendment’s protections through a process we call evidence laundering. Evidence laundering occurs when one police officer makes a constitutional mistake when gathering evidence and then passes that evidence along to a second officer, who receives the evidence, develops it further, and delivers it to prosecutors for use in a criminal case. When courts admit the evidence based on the good faith of the second officer, the original constitutional taint disappears in the wash.

In the years since Herring was decided, courts have allowed ...


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


Jones, Lackey, And Teague, Richard Broughton 2015 University of Detroit Mercy School of Law

Jones, Lackey, And Teague, Richard Broughton

Richard Broughton

In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims ...


Calling Out Maryland V. King: Dna, Cell Phones, And The Fourth Amendment, Jennie Vee Silk 2015 University of Mississippi Main Campus

Calling Out Maryland V. King: Dna, Cell Phones, And The Fourth Amendment, Jennie Vee Silk

Jennie Vee Silk

In Maryland v. King, the Supreme Court narrowly upheld a Maryland statute that permits police to obtain a DNA sample from an arrestee without a search warrant. A year later, the Court drastically changed course and provided significantly more protection to an arrestee’s privacy. In a unanimous decision, the Court in Riley v. California held that police must obtain a search warrant before they can search the cell phone of an arrestee.

This article is the first to compare the Court’s conflicting decisions in Riley and King. Riley and King present the same issue: governmental invasion of privacy ...


Extortion Through The Public Record: Has The Internet Made Florida’S Sunshine Law Too Bright?, Michael Polatsek 2015 University of Florida Levin College of Law

Extortion Through The Public Record: Has The Internet Made Florida’S Sunshine Law Too Bright?, Michael Polatsek

Florida Law Review

In recent years, privately owned websites around the country have begun to gather arrest records directly from law enforcement websites and republish them on their own sites. Often, the images are displayed without regard to the ultimate disposition of the arrestee’s case. Images and arrest records of individuals who were eventually convicted or acquitted are stored on these websites indefinitely, and specifically designed search algorithms ensure that potentially damaging information is just a click away on commonly used search engines such as Google. Some websites categorize images under derogatory headings based solely on the individual’s appearance and allow ...


Digital Commons powered by bepress