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

Criminal Law Commons

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

18042 Full-Text Articles 10236 Authors 7577752 Downloads 168 Institutions

All Articles in Criminal Law

Faceted Search

18042 full-text articles. Page 1 of 274.

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross 2016 University of Puget Sound

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...


The Riddle Of Harmless Error Revisited, John M. Greabe 2016 Franklin Pierce Law Center

The Riddle Of Harmless Error Revisited, John M. Greabe

John M Greabe

Half a century ago, in Chapman v. California, the Supreme Court imposed on appellate courts an obligation to vacate or reverse criminal judgments marred by constitutional error unless the government demonstrates that the error was harmless beyond a reasonable doubt.  But the Court did not explain the juridical status of this obligation or its relation to the federal harmless-error statute, 28 U.S.C. § 2111.  In the intervening years, commentators have struggled to make sense of Chapman.  Some see it as a constitutional mandate.  Others view it as an example of constitutional common law. In THE RIDDLE OF HARMLESS ERROR ...


Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson 2016 Mitchell Hamline School of Law

Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson

Mitchell Hamline Law Review

No abstract provided.


True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino 2016 West Virginia University

True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino

Pace Intellectual Property, Sports & Entertainment Law Forum

The purpose of this Article is to identify and discuss the numerous laws that Cohle broke during the course of the eight episodes – each episode is discussed separately in Sections II through IX. Here, an extremely important point needs to be made – this Article is not intended to pinpoint exactly how many laws that Cohle would likely be convicted of violating; rather, as is the case generally in the legal profession, many of the actual offenses and charges would be subject to prosecutorial discretion and therefore reasonable minds may disagree with the exact charge. To the extent possible, this Article ...


Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel 2016 University of Akron

Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel

Akron Law Review

In an age where one in four adult Americans has a criminal record, post-conviction relief measures and review of criminal statutes is on the rise. This Comment addresses the inadequacy of current child endangerment statutes around the country by providing examples of those which are too broad and result in convictions of well-meaning parents and those which are too narrow and allow other parents to harm their children without repercussion. It then places these statutes in the context of collateral sanctions that are imposed on individuals with child endangerment convictions, particularly those related to employment and professional licensing.


Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna 2016 Boston College Law School

Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna

Boston College Journal of Law & Social Justice

The federal Circuit Courts of Appeal are divided regarding whether probable cause to search for evidence of child molestation provides probable cause to search for child pornography. This Note examines the relationship among the decisions of the Circuit Courts of Appeal, delves into the empirical evidence regarding the relationship between child pornography and child molestation, and analyzes how the “flexible, non-technical” probable cause standard properly interacts with this relationship. In United States v. Colbert, the U.S. Court of Appeals for the Eighth Circuit concluded that, because of the “intuitive relationship” between child molestation and child pornography, a warrant to ...


Post-Conviction Access To Dna Testing: Why Massachusetts’S 278a Statute Should Be The Model For The Future, Theodore Tibbits 2016 Boston College Law School

Post-Conviction Access To Dna Testing: Why Massachusetts’S 278a Statute Should Be The Model For The Future, Theodore Tibbits

Boston College Journal of Law & Social Justice

With the recent rise of the Innocence Movement, many traditional police tools for evaluating forensic evidence have been called into question. Increasingly, science has proven that certain outdated forensic analyses are unreliable or invalid, shedding light on how these faulty analyses have contributed to numerous unjust convictions of innocent people. Deoxyribonucleic acid (DNA) technology, a subset of forensic analysis, has performed the counterpoint to this trend by exonerating many wrongfully convicted individuals. Access to DNA testing, however, is inconsistent from state to state. Massachusetts’s new 278A motion is a strong model for the correct implementation of a statute providing ...


No Place To Call Home: Rethinking Residency Restrictions For Sex Offenders, Gina Puls 2016 Boston College Law School

No Place To Call Home: Rethinking Residency Restrictions For Sex Offenders, Gina Puls

Boston College Journal of Law & Social Justice

Modern day sex offender legislation was first implemented in the early 1990s in response to a number of headline-grabbing incidents. Seeking to protect families and children, federal and state legislators passed regulations aimed at tracking, monitoring, and controlling released sex offenders. A key portion of these legislative developments include state and local level residency restrictions, which prevent sex offenders from living within an established distance—usually 1000 to 2500 feet—of various places where children gather, such as schools and daycare facilities. These laws have created enormous hardship for released sex offenders as they attempt to reintegrate into society, and ...


People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah 2016 The Catholic University of America, Columbus School of Law

People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah

Catholic University Law Review

What do sexual assault victims and women charged with prostitution have in common? Both are processed through a criminal justice system where legal actors assess their claims of victimization and either provide or deny resources and recognition in response to those claims. Ideal victim theory posits that not all victims’ claims are treated equally due to static factors such as personal characteristics or case facts. Professor Corrigan and Professor Shdaimah present the Arena of Intelligibility, an original analytical tool developed from their empirical data, to more effectively explain case outcomes for women affected by sexual crimes.

The Arena explains criminal ...


Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Refsum Jensenius, Abby Wood 2016 Norwegian Institute of International Affairsl

Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Refsum Jensenius, Abby Wood

University of Southern California Legal Studies Working Paper Series

Most literature on criminal deterrence in law, economics, and criminology assumes that people who are caught for a crime will be punished. The literature focuses on how the size of sanctions and probability of being caught affect criminal behavior. However, in many countries entire groups of people are “above the law” in the sense that they are able to evade punishment even if caught violating the law. In this paper we argue that both the perceived probability of being punished if caught and the cultural acceptance of elites evading punishment are important parts of theorizing about deterrence, particularly about corruption ...


Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn 2016 Washington University School of Law

Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn

Washington and Lee Law Review Online

In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead’s important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead’s conclusions about the unfortunate state of affairs in 21st century America— that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor ...


Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan 2016 Nevada Law Journal

Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan

Nevada Supreme Court Summaries

Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.


The Right Of The State To Inflict Capital Punishment, Most Reverend Thomas J. Riley 2016 St. John's University School of Law

The Right Of The State To Inflict Capital Punishment, Most Reverend Thomas J. Riley

The Catholic Lawyer

No abstract provided.


Capital Punishment - The Issues And The Evidence, Report of Special Commission to the Massachusetts Legislature 2016 St. John's University School of Law

Capital Punishment - The Issues And The Evidence, Report Of Special Commission To The Massachusetts Legislature

The Catholic Lawyer

No abstract provided.


Punishment In A Free Society, Frederick J. Ludwig 2016 St. John's University School of Law

Punishment In A Free Society, Frederick J. Ludwig

The Catholic Lawyer

No abstract provided.


Punishment And The Correctional Field, Thomas J. McHugh 2016 St. John's University School of Law

Punishment And The Correctional Field, Thomas J. Mchugh

The Catholic Lawyer

No abstract provided.


Editorial Comment, Rev. William F. Cahill 2016 St. John's University School of Law

Editorial Comment, Rev. William F. Cahill

The Catholic Lawyer

No abstract provided.


Criminal Punishment - Legal And Moral Considerations, S. Oley Cutler, S.J. 2016 St. John's University School of Law

Criminal Punishment - Legal And Moral Considerations, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.


Crime And Punishment, Pope Pius XII 2016 St. John's University School of Law

Crime And Punishment, Pope Pius Xii

The Catholic Lawyer

No abstract provided.


Editorial Comment, Rev. William F. Cahill 2016 St. John's University School of Law

Editorial Comment, Rev. William F. Cahill

The Catholic Lawyer

No abstract provided.


Digital Commons powered by bepress