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Criminal Law Commons

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21,477 full-text articles. Page 4 of 363.

In Search Of Juvenile Justice: From Star Chamber To Criminal Court, Hon. Patrick R. Tamilia 2019 The University of Akron

In Search Of Juvenile Justice: From Star Chamber To Criminal Court, Hon. Patrick R. Tamilia

Akron Law Review

No abstract provided.


A Dilemma For The Juvenile Justice System, Judith L. Hunter 2019 The University of Akron

A Dilemma For The Juvenile Justice System, Judith L. Hunter

Akron Law Review

No abstract provided.


The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber 2019 Fordham University School of Law

The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber

Fordham Law Review

Since the United States declared its “War on Drugs,” federal enforcement of drug-trafficking crimes has led to increased incarceration and longer prison sentences. Many low-level drug couriers and drug mules have suffered disproportionately from these policies; they face mandatory punishments that vastly exceed their culpability. Drug couriers often lack substantial ties to drug-trafficking organizations, which generally recruit vulnerable individuals to act as couriers and mules. By using either threats of violence or promises of relatively small sums of money, these organizations convince recruits to overlook the substantial risks that drug couriers face. The current policies of pursuing harsh punishments for ...


Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw 2019 Texas A&M University School of Law

Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw

Texas A&M Law Review

For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and ...


Harm, Sex, And Consequences, India Thusi 2019 SJ Quinney College of Law, University of Utah

Harm, Sex, And Consequences, India Thusi

Utah Law Review

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism ...


Stemming The Expansion Of The Void-For-Vagueness Doctrine Under Johnson, Clancey Henderson 2019 SJ Quinney College of Law, University of Utah

Stemming The Expansion Of The Void-For-Vagueness Doctrine Under Johnson, Clancey Henderson

Utah Law Review

This Note addresses the constitutionality of the risk-of-force clause. Since many of the cases challenging the risk-of-force clause proceed on the argument that it is indistinguishable from the ACCA’s residual clause, the history of the residual clause is particularly relevant. Addressing the constitutionality of the risk-of-force clause will necessarily entail a discussion of whether it is distinguishable from the residual clause. Accordingly, brief histories of the ACCA and the residual clause will be given. This overview will provide a backdrop to the discussion of the Supreme Court’s struggle to define and apply the residual clause in numerous cases ...


Federalization’S Folly, Stephen F. Smith 2019 University of San Diego

Federalization’S Folly, Stephen F. Smith

San Diego Law Review

Overcriminalization and overpunishment are the two key features of federal criminal law today, yet the “federalization” of criminal law has accomplished precious little in terms of public safety. The failed drug war proves as much: federal prosecutors have filled the nation’s prisons with low-level drug dealers and drug users serving long sentences, but drugs remain widely available at greater purity and lower prices throughout the land—and drug overdoses are at record highs. Instead of focusing on areas of federal comparative advantage, such as terrorism, international drug trafficking, and organized crime, federal prosecutors waste scarce resources “playing district attorney ...


Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond 2019 University of Massachusetts, Amherst

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly McWilliams, Catherine Liang, Thomas D. Lyon 2019 Arizona State University

The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked.

Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.

Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.

Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for ...


Mandatory Minimum Penalties: An Analysis Of Four State’S Penal Codes And Federal Court Policies, Cassie Geiken 2019 University of Nebraska - Lincoln

Mandatory Minimum Penalties: An Analysis Of Four State’S Penal Codes And Federal Court Policies, Cassie Geiken

Honors Theses, University of Nebraska-Lincoln

In Nebraska, variations of bills attempting to amend mandatory minimum laws in the state have been introduced. The harshness of the mandatory sentences, as well as the looming state of emergency caused by prison overcrowding, have sustained the debate over sentencing laws. This essay identifies the core issues of mandatory minimum sentencing laws and analyzes the states of Nebraska, Texas, Alabama, California, and the federal system’s use of mandatory minimums for felony charges to identify potential solutions. Statute review found that Nebraska’s current sentencing codes are misaligned with the rest of the nation; not even Alabama with one ...


Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson 2019 University of Pennsylvania Law School

Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson

Faculty Scholarship at Penn Law

In the first change to the Model Penal Code since its promulgation in 1962, the American Law Institute in 2017 set blameworthiness proportionality as the dominant distributive principle for criminal punishment. Empirical studies suggest that this is in fact the principle that ordinary people use in assessing proper punishment. Its adoption as the governing distributive principle makes good sense because it promotes not only the classic desert retributivism of moral philosophers but also crime-control utilitarianism, by enhancing the criminal law’s moral credibility with the community and thereby promoting deference, compliance, acquiescence, and internalization of its norms, rather than suffering ...


Minimizing Error And Bias In Death Investigations, Dan Simon 2019 USC Gould School of Law

Minimizing Error And Bias In Death Investigations, Dan Simon

University of Southern California Legal Studies Working Paper Series

One of the prominent developments in the forensic sciences is the emergence of attention to cognitive aspects of forensic examination. Notable in this regard is the recognition that forensic results can be swayed by the examiner’s exposure to non-scientific background information that should arguably have no bearing on the result. To counter these effects, forensic agencies have introduced context management procedures, which are designed to withhold background information from the examiner during critical parts of the examination. Context management procedures are well suited for some forensic disciplines but apply less obviously to disciplines that entail complex, sprawling, iterative, and ...


Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky 2019 Loyola Law School Los Angeles

Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky

Tsion Chudnovsky

US laws defines that the legal burden of proof standard becomes more strict as potential consequences become higher. So for criminal matters, since they include the possible loss of freedom, the strictest standard applies: Beyond a reasonable doubt.

Defense has to merely illuminate a reasonable doubt about any of the required elements that have to be proven to prevail in a court trial. Criminal jury instructions require jurors unanimously find that the defendant is guilty with moral certainty. There can be no doubt amongst any jurors that the defendant is guilty.

This strict burden benefits the defendant. You can read ...


67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly McWilliams, Catherine Liang, Thomas D. Lyon 2019 Arizona State University

67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

Thomas D. Lyon

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked. Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.
Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.
Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for ...


Remedying Wrongful Convictions Through Dna Testing: Expanding Post-Conviction Litigants’ Access To Dna Database Searches To Prove Innocence, Kayleigh E. McGlynn 2019 Boston College Law School

Remedying Wrongful Convictions Through Dna Testing: Expanding Post-Conviction Litigants’ Access To Dna Database Searches To Prove Innocence, Kayleigh E. Mcglynn

Boston College Law Review

Forensic science is used as evidence in criminal cases regularly. Recently, however, scientists have criticized several commonly used forensic methods that are unreliable, scientifically invalid, and have contributed to wrongful convictions. In contrast, DNA testing, which is reliable and valid, is a powerful resource for exonerating wrongfully convicted individuals. Congress and all fifty states have enacted statutes providing access to post-conviction DNA testing. Only nine states, however, have enacted statutes granting post-conviction litigants access to another important resource—law enforcement DNA database searches. Even though Congress amended the federal post-conviction DNA testing statute to provide access to DNA database searches ...


Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon 2019 University of Arkansas, Fayetteville

Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon

Arkansas Law Review

Imagine that you practice as an attorney in the State of Arkansas. A client solicits your advice about opening a marijuana dispensary or cultivation center. The client might want you to assist him in filing a dispensary application with the State. On the other hand, she might want you to negotiate a commercial lease or to provide services to ensure compliance with municipal zoning laws. Although Arkansas voters approved a constitutional amendment permitting medical marijuana sales, you provide a clear warning to your client: possessing, manufacturing, selling, and distributing marijuana remains a federal crime. After these precautions, however, you proceed ...


Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay 2019 Elmira College

Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay

Arkansas Law Review

“When we sit in judgment we are holding ourselves out as people—as the kind of a community—that are worthy of this task. It is the seriousness, the gravity, of the act of judgment which gives rise to our legitimate and laudable emphasis on procedural fairness and substantive accuracy in criminal procedure. But these things focus on the defendant—the one judged. I am concerned about us who would presume to sit in judgment. Who are we that we should do this? Whether we intend to do so or not, we answer this question in part through the way ...


The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay 2019 Seattle University School of Law

The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay

Seattle University Law Review

This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready ...


When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr 2019 Seattle University School of Law

When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr

Seattle University Law Review

This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


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