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Emergent Neurotechnologies And Challenges To Responsibility Frameworks, Laura Cabrera, Jennifer Carter-Johnson 2021 The University of Akron

Emergent Neurotechnologies And Challenges To Responsibility Frameworks, Laura Cabrera, Jennifer Carter-Johnson

Akron Law Review

This article examines the emerging medical technology of deep brain stimulation (DBS), a type of brain implant, to determine its ethical and legal ramifications. Lawyers, philosophers, and ethicists have labored to define the conditions under which individuals are to be judged legally and morally responsible for their actions. But where does responsibility lie if a person acts under the influence of her brain implant? Do we hold the individual solely responsible for her actions? Can we attribute any blame to the device? What about the engineers who designed it, or the manufacturer? The neurosurgeon who implanted it, or the neurologist ...


International Criminal Law, Linda Strite Murnane 2021 Southern Methodist University

International Criminal Law, Linda Strite Murnane

The Year in Review

No abstract provided.


Three Observations About The Worst Of The Worst, Virginia-Style, Corinna Barrett Lain 2021 University of Richmond

Three Observations About The Worst Of The Worst, Virginia-Style, Corinna Barrett Lain

Washington and Lee Law Review Online

Much could be said about Virginia’s historic decision to repeal the death penalty, and Professor Klein’s essay provides a wonderful starting point for any number of important discussions. We could talk about how the decision came to be. Or why the move is so momentous. Or what considerations were particularly important in the decision‑making process. Or where we should go from here. But in this brief comment, I’ll be focusing not on the how, or the why, or the what, or the where, but rather on the who. Who are condemned inmates, both generally and Virginia ...


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...


Criminal Liability Of Covid-19 Carriers (Lebanon), Tarteel Turki Darwish 2021 Associate professor, Law Department, Faculty of Law and Political Science, Beirut Arab University, Beirut, Lebanon

Criminal Liability Of Covid-19 Carriers (Lebanon), Tarteel Turki Darwish

BAU Journal - Health and Wellbeing

Since the spread of COVID-19, all governments tried to cape with this international pandemic which was classified by the World Health Organization (WHO) on March, 11 as a pandemic. Lebanese ministry of health, recommended in a statement issued on 21.03.2020 the date of the beginning of COVID-19 spread, that all of individuals with a confirmed or probable COVID-19 be quarantined at home and those who don’t follow the preventive precautions will be legally punished. On 04.03.2020 the Lebanese ministry of health issued an announcement no. 42 about “defining COVID-19 cases which are classified as transmitted ...


Digital Age Samaritans, Zachary D. Kaufman 2021 University of Houston Law Center

Digital Age Samaritans, Zachary D. Kaufman

Boston College Law Review

Modern technology enables people to view, document, and share evidence of crimes contemporaneously or soon after commission. Electronic transmission of this material—including through social media and mobile devices—raises legal, moral, and practical questions about spectators’ responsibilities. In the digital age, will these actors be bystanders or upstanders? What role can and should the law play in shaping their behavior?

This Article argues that certain witnesses who are not physically present at the scene of a crime should be held criminally accountable for failing to report specified violent offenses of which they are aware. Focusing on rape, police brutality ...


The Internet And The Hobbs Act: What’S The Connection?, Lucas G. Spremulli 2021 Boston College Law School

The Internet And The Hobbs Act: What’S The Connection?, Lucas G. Spremulli

Boston College Law Review

The Hobbs Act provides a federal alternative to traditional state robbery charges by criminalizing any robbery that affects interstate commerce. Courts have interpreted the Hobbs Act’s commerce element broadly, by requiring the government to demonstrate that a robbery had a de minimis effect on interstate commerce. With this standard, robberies of businesses generally satisfy the statute’s commerce element, but robberies of individuals often do not. This difference between a state and a federal robbery charge is significant, because the Hobbs Act generally carries substantially harsher penal sentences. This Note examines when the use of the internet in the ...


Beyond Plea Bargaining: A Theory Of Criminal Settlement, Richard Lorren Jolly, J.J. Prescott 2021 Southwestern Law School

Beyond Plea Bargaining: A Theory Of Criminal Settlement, Richard Lorren Jolly, J.J. Prescott

Boston College Law Review

Settlement is a term rarely used in criminal law. Instead, people speak almost exclusively of plea bargaining—i.e., enforceable agreements in which a defendant promises to plead guilty in exchange for a prosecutor’s promise to seek leniency in charging or at sentencing. But a traditional plea agreement is just the most visible instance of a much broader class of possible criminal settlement agreements. In terms of their fundamentals, criminal settlements are indistinguishable from their civil counterparts: through either an atomized or comprehensive bargain, parties exchange what they have for what they want, advancing their respective interests in cost ...


Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System, Matthew Bender 2021 Villanova University Charles Widger School of Law

Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System, Matthew Bender

Villanova Law Review

No abstract provided.


Introduction To Reviving The American Jury, Nancy S. Marder 2021 Chicago-Kent College of Law

Introduction To Reviving The American Jury, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.


From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, TANUJA GUPTA 2021 Public Justice

From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta

Chicago-Kent Law Review

No abstract provided.


How To Talk So Juries Will Listen, Janet Randall 2021 Northeastern University

How To Talk So Juries Will Listen, Janet Randall

Chicago-Kent Law Review

No abstract provided.


Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich 2021 Southern Methodist University Dedman School of Law

Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich

Chicago-Kent Law Review

No abstract provided.


Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts JD 2021 Loyola University Chicago

Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The Center for the Human Rights of Children (CHRC), in collaboration with signatory organizations, submits this input in response to the call for submissions made by the Special Rapporteur’s Report on the Role of Organized Criminal Groups with regard to Contemporary Forms of Slavery to inform the forthcoming report to the 76th session of the General Assembly. This input will focus upon the role of organized criminal groups with regard to child labor trafficking (forced labor), and specifically, forced criminality as a form of forced labor.1 We provide input on cases both in the interior of the United ...


Remembering California’S History In Youth Corrections, Sadie Minjares Odom 2021 Golden Gate University School of Law

Remembering California’S History In Youth Corrections, Sadie Minjares Odom

GGU Law Review Blog

California Governor Gavin Newson’s 2021-22 state budget sets forth plans to permanently close the California’s Division of Juvenile Justice and transition any children in the state’s care to the counties who committed them. On September 30, 2020, California lawmakers passed SB 823, the pillar of this transition. As the closure of the state-run juvenile correctional system marks a new journey for California’s youth, the state’s gloomy history in youth corrections looms overhead.


Death-By-Incarceration In Illinois, Joseph Dole 2021 Northwestern Pritzker School of Law

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.


Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman 2021 Northwestern Pritzker School of Law

Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman

Northwestern Journal of Law & Social Policy

Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople ...


No Child Was Harmed In The Making Of This Video: Morphed Child Pornography And The First Amendment, Taylor Comerford 2021 Boston College Law School

No Child Was Harmed In The Making Of This Video: Morphed Child Pornography And The First Amendment, Taylor Comerford

Boston College Law Review

On February 13, 2020, the Fifth Circuit Court of Appeals held, in United States v. Mecham, that the First Amendment does not protect morphed child pornography as a form of speech. The Fifth Circuit found that “morphed child pornography” is like “real child pornography” because the content harms the emotional health and reputation of a child. Thus, the Fifth Circuit held that the First Amendment excludes both forms of child pornography from protection. The Sixth and Second Circuits follow this rule, emphasizing that the government has a strong imperative to intervene in situations that harm children. In contrast, the Eighth ...


Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School of Law 2021 Golden Gate University School of Law

Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School Of Law

GGU Law Review Blog

At the start of 2021, images of violent attacks on Asian individuals all across the nation began flooding social media timelines. Large protests shortly followed these attacks in support of the Asian Community to “Stop Asian Hate.” Since then, reports and images of such attacks have only become more and more common, with the Atlanta Spa Shootings at the forefront of the conversation. As a result, much of the public and the media have been referring to these attacks as “hate crimes.” Yet, prosecutors are not seeking hate-crime enhancements in many of these cases. Several high-profile cases demonstrate the evidentiary ...


Reconceptualizing Cannabis, Julia Peoples 2021 University of Mississippi

Reconceptualizing Cannabis, Julia Peoples

Honors Theses

Inflammatory rhetoric and increasingly punitive drug policies dominated marijuana politics in the past. Today, as 36 have legalized cannabis in some form and 17 states have legalized recreational marijuana, the federal government continues to perpetuate policies of the past. The following analysis investigates rhetoric and policies that led to the War on Drugs as well as their outcomes, the dramatic shift in public opinion as states began to legalize marijuana, and the successes and failures of state cannabis programs to identify gaps within the MORE Act, the ideal policy, and politically viable incremental change. State programs are incapable of addressing ...


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