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14,134 full-text articles. Page 1 of 138.

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 ...


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 ...


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 ...


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 ...


Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. MacLean, James J. Berles 2015 Indiana Tech Law School

Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. Maclean, James J. Berles

Adam Lamparello

Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable.Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percent of those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although ...


The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow 2015 Martin Luther Universitat Halle-Wittenberg

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

There is a new neoliberal penality emerging in the United States with four primary characteristics: (1) the death of rehabilitation, (2) the de-individualization of the criminal, (3) the emergence of a market for deviance, and (4) the managerialistic approach. The prison-industrial complex in the United States illustrates these pillars, but the pillars are not limited to the prison-industrial complex.

Foucault's concept of the prison as an institution primarily of individual normalization presupposes rehabilitation as the primary goal of the institution. This is no longer the case. Rather, the "penal culture" has shifted from one that views crime and imprisonment ...


Covering Up An Infection With A Bandage: A Call To Action To Address Flaws In Ohio's Anti-Hazing Legislation, Justin Burns 2015 University of Akron

Covering Up An Infection With A Bandage: A Call To Action To Address Flaws In Ohio's Anti-Hazing Legislation, Justin Burns

Akron Law Review

No abstract provided.


O'Connor's Firsts, Phyllis Crocker 2015 University of Akron

O'Connor's Firsts, Phyllis Crocker

Akron Law Review

No abstract provided.


Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette McGee-Brown, Kimberly Jolson 2015 University of Akron

Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette Mcgee-Brown, Kimberly Jolson

Akron Law Review

No abstract provided.


Effects Of Personal Hygiene And Arrest Rates, Taylor L. Gann 2015 Georgia State University

Effects Of Personal Hygiene And Arrest Rates, Taylor L. Gann

Georgia State Undergraduate Research Conference

No abstract provided.


The Difficulty Of Temporal Jurisdiction In Janowiec And Others V. Russia, Julia Koch 2015 Boston College Law School

The Difficulty Of Temporal Jurisdiction In Janowiec And Others V. Russia, Julia Koch

Boston College International and Comparative Law Review

In October 2013, the European Court of Human Rights ruled on claims brought against the Russian Federation for the 1940 massacre of more than 21,000 prisoners of war. Relatives of the prisoners challenged that Russia had, among other things, failed in its legal obligation to carry out an adequate and effective investigation into the massacre. The court concluded that it did not have temporal jurisdiction to evaluate the merits of these claims; it stated that Russia’s legal obligation to investigate could not extend to transgressions that occurred prior to the existence of the convention under which the claims ...


Acquittals In Mugenzi & Mugiraneza V. Prosecutor Contribute To The Weak Legacy Of The International Criminal Tribunal For Rwanda, Alison Agnew 2015 Boston College Law School

Acquittals In Mugenzi & Mugiraneza V. Prosecutor Contribute To The Weak Legacy Of The International Criminal Tribunal For Rwanda, Alison Agnew

Boston College International and Comparative Law Review

In 2011, the Trial Chamber of the International Criminal Tribunal for Rwanda (ICTR) found Justin Mugenzi and Prosper Mugiraneza guilty of conspiracy to commit genocide and direct and public incitement to commit genocide due to their roles in the removal and replacement of Jean-Baptiste Habyalimana as prefect of Butare in April 1994. In February 2013, the Appeals Chamber reversed these convictions and acquitted Mugenzi and Mugiraneza, determining that the appellants did not possess the requisite mens rea and genocidal intent. The ICTR’s goal is to bring justice and reconciliation to Rwanda, but these acquittals demonstrate its institutional weakness. The ...


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz 2015 Touro Law Center

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


People V. Cole: Is The Incarceration Of An "Actually Innocent" Person Constitutional?, Aileen R. Kavanagh 2015 Touro College Jacob D. Fuchsberg Law Center

People V. Cole: Is The Incarceration Of An "Actually Innocent" Person Constitutional?, Aileen R. Kavanagh

Touro Law Review

No abstract provided.


Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro 2015 Touro College Jacob D. Fuchsberg Law Center

Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro

Touro Law Review

No abstract provided.


Constitutional Limits To The Fight Against Terrorism, Leon Friedman 2015 Touro College Jacob D. Fuchsberg Law Center

Constitutional Limits To The Fight Against Terrorism, Leon Friedman

Touro Law Review

No abstract provided.


The Societal And Economic Impacts Of Recent Dramatic Shifts In State Marijuana Law: How Should Minnesota Proceed In The Future?, Andrew L. Scherf 2015 Hamline University School of Law

The Societal And Economic Impacts Of Recent Dramatic Shifts In State Marijuana Law: How Should Minnesota Proceed In The Future?, Andrew L. Scherf

Hamline University's School of Law's Journal of Public Law and Policy

No abstract provided.


Reconsidering Federal And State Obstacles To Human Trafficking Victim Status And Entitlements, Amanda J. Peters 2015 South Texas College of Law

Reconsidering Federal And State Obstacles To Human Trafficking Victim Status And Entitlements, Amanda J. Peters

Amanda J Peters

Federal and state anti-trafficking laws describe the victim in the process of criminalizing the act of human trafficking. Nearly half of all states adopt the federal definition of victim, which requires proof of forced, defrauded or coerced labor, whereas the other half narrows this definition thereby limiting the number of victims qualifying for state victims services. Using this definition, victims must prove their status before they can access victim entitlements. Even when victims prove their status, they may be denied traditional crime victim benefits like restitution and Crime Victim Compensation funds. In this way, their victim status may be rendered ...


Deconstructing Infanticide, Eric Vallillee 2015 University of Ottawa

Deconstructing Infanticide, Eric Vallillee

Western Journal of Legal Studies

The offence of infanticide is allegedly based in debunked and sexist ideas about women and pregnancy. This article demonstrates that this offence is both necessary and beneficial regardless of its alleged basis. This article outlines the elements of infanticide and examines the legislative history from Medieval England to its adoption in Canada before discussing contemporary discourses on infanticide with a particular focus on the application of modern medical science. This work argues there are two issues with the current offence: (1) the requirement of a “disturbed mind” in the accused resulting from childbirth or lactation; and (2) the lack of ...


Why There Should Be No Constitutional Right To Contact Counsel From A Police Car, Terry Skolnik 2015 University of Toronto, Faculty of Law

Why There Should Be No Constitutional Right To Contact Counsel From A Police Car, Terry Skolnik

Western Journal of Legal Studies

The Supreme Court of Canada has yet to consider whether there is a constitutional right to use a cell phone to contact legal counsel while detained in a police car. This article argues that it should not be recognized as a constitutional right for three principal reasons. First, recent judicial interpretations of the constitutional right to counsel have foreclosed the possibility of detained and arrested persons using their own cell phones to call a lawyer from a police car. Second, allowing detainees to use their cell phones to contact counsel can create unreasonable risks to public safety and undermine the ...


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