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

Criminal Law Commons

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

20,891 Full-Text Articles 12,153 Authors 11,388,944 Downloads 235 Institutions

All Articles in Criminal Law

Faceted Search

20,891 full-text articles. Page 3 of 350.

The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips 2018 Penn State Dickinson Law

The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips

Dickinson Law Review

Despite global condemnation, sex trafficking continues to plague our world. Even in developed countries, the problem persists. Technological advancements, like the Internet, have spurred the development of organized sex trafficking networks and have made “transactions” easier. Although law enforcement agencies have tried to adapt their investigative techniques to combat the problem, developments in technology move at a much quicker rate.

Autonomous vehicles (AVs) will present a new set of challenges for law enforcement agencies in the fight against sex trafficking. In the not-too-distant future, AVs, or “self-driving cars,” will dominate the roadways. An AV will be completely aware of the ...


In Re: Petition For Appointment Of A Prosecutor Pro Tempore By Jane Doe 1, Jane Doe 2, Jane Doe 3, And Jane Doe 4 : Petition For Appointment Of Prosecutor Pro Tempore, Paul Cassell, Heidi Nestel, Bethany Warr, Margaret Garvin, Gregory Ferbrache, Aaron H. Hanni 2018 S.J. Quinney College of Law, University of Utah

In Re: Petition For Appointment Of A Prosecutor Pro Tempore By Jane Doe 1, Jane Doe 2, Jane Doe 3, And Jane Doe 4 : Petition For Appointment Of Prosecutor Pro Tempore, Paul Cassell, Heidi Nestel, Bethany Warr, Margaret Garvin, Gregory Ferbrache, Aaron H. Hanni

Utah Law Faculty Scholarship

This is a petition filed in the Utah Supreme Court on behalf of four women (Jane Does 1, 2, 3, and 4) who were sexually assaulted, and yet the public prosecutor with jurisdiction refused to file criminal charges against their attackers. The petition relies on Utah Constitution, article VIII, § 16, which anticipates situations where a crime victim might need her own avenue for initiating criminal prosecution. Accordingly, this constitutional provision provides that “[i]f a public prosecutor fails or refuses to prosecute, the Supreme Court shall have power to appoint a prosecutor pro tempore.” Indeed, to underscore the fact that ...


Overstating America's Wrongful Conviction Rate? Reassessing The Conventional Wisdom About The Prevalence Of Wrongful Convictions, Paul Cassell 2018 S.J. Quinney College of Law, University of Utah

Overstating America's Wrongful Conviction Rate? Reassessing The Conventional Wisdom About The Prevalence Of Wrongful Convictions, Paul Cassell

Utah Law Faculty Scholarship

A growing body of academic literature discusses the problem of wrongful convictions — i.e., convictions of factually innocent defendants for crimes they did not commit. But how often do such miscarriages of justice actually occur? Justice Scalia cited a figure of 0.027% as a possible error rate. But the conventional view in the literature is that, for violent crimes, the error rate is much higher — at least 1%, and perhaps as high as 4% or even more.

This Article disputes that conventional wisdom. Based on a careful review of the available empirical literature, it is possible to assemble the ...


Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky 2018 Fordham Law School

Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky

Fordham Law Review Online

Most people who become prosecutors are honest and ethical public servants who take that job for varied reasons including protecting the community, assisting victims of crime, gaining trial experience, or enhancing future employment prospects and long-term political goals. Earnest and hard-working, these prosecutors bristle at the very question of whether a good person can be a good prosecutor. The question though is not about a good person and their motives or ethical compass, but about the role: What does it mean to be a good prosecutor especially in the era of mass incarceration?


The Necessity Of The Good Person Prosecutor, Jessica A. Roth 2018 Benjamin N. Cardozo School of Law

The Necessity Of The Good Person Prosecutor, Jessica A. Roth

Fordham Law Review Online

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a ...


Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe 2018 New York Law School

Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe

Fordham Law Review Online

In an article published over fifteen years ago, Georgetown Law Professor Abbe Smith argued that one cannot be a good person and a good prosecutor. In other words, if you are concerned with social justice, it would be selfdefeating to work in a prosecutor’s office. With Attorney General Jeff Sessions at the helm, the federal criminal justice system has changed since Smith wrote this article, in many ways for the worse. At the same time, in response to a powerful grass roots movement, the reformist approach to criminal justice has gained some ground. In this oddly polarized context, this ...


A Defender's Take On "Good" Prosecutors, David E. Patton 2018 Federal Defenders of New York

A Defender's Take On "Good" Prosecutors, David E. Patton

Fordham Law Review Online

When Professor Abbe Smith asked “Can You Be a Good Person and a Good Prosecutor” in 2001 (and answered it mostly in the negative), she began a conversation that would result in me, a public defender, having to repeatedly answer the question from earnest law students and young lawyers. I haven’t yet forgiven Professor Smith. My first impulse when I’m asked the question is to hand out her home phone number. My second impulse is to answer: “Why are you asking me?” I’m a defense lawyer. Worse still, I am a public defender. I’m not, shall ...


Prosecutors Who Police The Police Are Good People, Vida B. Johnson 2018 Georgetown Univeristy Law Center

Prosecutors Who Police The Police Are Good People, Vida B. Johnson

Fordham Law Review Online

In 2001 Professor Abbe Smith asked if a person could be both a good prosecutor and a good person. Her answer was, essentially, “no.” My answer in 2018 is that only a prosecutor who focuses on the powerful, and particularly who is willing to prosecute police who do wrong, can be good.


The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis 2018 American University Washington College of Law

The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis

Fordham Law Review Online

In a law review article written seventeen years ago, Professor Abbe Smith asked the question, “Can You Be a Good Person and a Good Prosecutor?” Professor Smith ultimately answered the question in the negative. Whether or not one agreed with her conclusion at the time, today we know that the answer to the question is “Yes.” Anyone who believes that good people cannot be good prosecutors assumes and accepts a model of prosecution based on harsh, punitive policies and practices that incarcerate as many people as possible for as long as possible. Unfortunately, that unjust model of prosecution is the ...


Good Person, Good Prosecutor In 2018, Abbe Smith 2018 Georgetown Univeristy Law Center

Good Person, Good Prosecutor In 2018, Abbe Smith

Fordham Law Review Online

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?”1 I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.


Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green 2018 Fordham University School of Law

Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green

Fordham Law Review Online

In 2001, Abbe Smith asked provocatively whether you can simultaneously be a good person and a good prosecutor, and she concluded that you cannot. The following online symposium, hosted by the Fordham Law Review Online, revisits Abbe Smith’s question. Even if she was right in 2001, is the answer the same seventeen years later? The problems of criminal justice in this country have in many ways gotten worse. But at the same time, one might argue, there is broader public acknowledgment of these problems, which has led to social movements such as the Innocence Movement and Black Lives Matter ...


Warren, Jr. (Joseph) V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 77 (Sep. 27, 2018) (En Banc), James Puccinelli 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Warren, Jr. (Joseph) V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 77 (Sep. 27, 2018) (En Banc), James Puccinelli

Nevada Supreme Court Summaries

The Court determined that NRS § 177.015(1)(a) authorizes the State to appeal from a justice court dismissal of a criminal complaint because such a decision is a final judgment, and that NRS § 178.562(2) does not limit the State’s remedies to appeal a justice court’s decision to dismiss a criminal complaint because this provision does not mention final judgment.


Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer 2018 University of Pennsylvania Law School

Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer

Faculty Scholarship at Penn Law

The year 2018 marked the fiftieth anniversary of the Pennsylvania Constitution of 1968. The time seems ripe, therefore, to explore the Pennsylvania Supreme Court’s exercise of judicial review under the 1968 Pennsylvania Constitution. This Article constitutes the first such comprehensive exploration.

The Article begins with an historical overview of the evolution of the Pennsylvania Constitution, culminating in the Constitution of 1968. It then presents a census of the 372 cases in which the Pennsylvania Supreme Court has vindicated distinctive Pennsylvania Constitutional rights under the Constitution of 1968.

Analysis of these cases leads to three conclusions:

1. Exercise of independent ...


Section 4: Criminal Law, Institute of Bill of Rights Law at The College of William & Mary School of Law 2018 College of William & Mary Law School

Section 4: Criminal Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns 2018 J.D., Pepperdine University School of Law

The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns

Pepperdine Law Review

The Armed Career Criminal Act and United States Sentencing Guidelines prescribe sentence enhancements based upon a defendant’s prior convictions. In particular, these federal sentencing tools contain violent felony provisions that outline the requirements a state criminal statute must satisfy for a conviction to constitute a violent felony, making the convicted person eligible for a federal sentence enhancement. However, the Supreme Court’s holdings in Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S. Ct. 2551 (2015) severely limited the scope of both sentencing tools’ violent felony provisions, making it more difficult for ...


Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney 2018 J.D. Candidate, 2017, Pepperdine University School of Law

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it ...


The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad 2018 University of San Diego

The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad

San Diego International Law Journal

To conclude on this issue, the rights of others, as individuals and as a whole, are formulated as the social protected interest that criminal law seeks to protect through criminal means, and it is with these rights that criminal law theory should be concerned in the first level of scrutiny. However, in the second level of scrutiny, an additional set of rights are brought into play; these are the rights of the individual, namely the actor, to exercise their constitutional rights e.g., free speech, liberty, free exercise of religion. The second level of scrutiny requires balancing those rights with ...


Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr 2018 Chicago-Kent College of Law

Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr

Chicago-Kent Law Review

No abstract provided.


The Vindication Of Good Over Evil: “Futile” Self-Defense, Douglas Husak 2018 University of San Diego

The Vindication Of Good Over Evil: “Futile” Self-Defense, Douglas Husak

San Diego Law Review

The burgeoning self-defense literature, like that in most areas of moral and legal philosophy, typically begins with and seeks to rationalize our intuitions. I submit that the intuitive judgment of virtually all respondents, at least initially, is that IV is permitted to exercise her right of self-defense, however futile, and scratch WA. This intuition, I believe, is incredibly powerful and robust; I certainly have it myself. Yet quite a few philosophers and legal theorists contend IV is not permitted to employ futile self-defense against WA. Presumably, they believe IV must passively accept her fate without injuring WA. Why hold this ...


Unwitting Justification, Peter Westen 2018 University of San Diego

Unwitting Justification, Peter Westen

San Diego Law Review

An assailant is on the verge of shooting a hated rival, Jones, when Jones, oblivious to the attack, decides in that instant to kill his assailant, thereby becoming what commentators call an “unknowing self-defender” or “unwittingly justified actor.” By its terms, Jones is guilty of an impossibility attempt under the Model Penal Code because he satisfies all the elements of attempted murder under the Code. The question, which has divided commentators since George Fletcher and Paul Robinson’s debate in the 1970s, is whether Jones is also guilty of the completed crime of murder and whether the latter is the ...


Digital Commons powered by bepress