Migrant Smuggling: Canada's Response To A Global Criminal Enterprise,
2013
Allard School of Law at the University of British Columbia
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin
All Faculty Publications
Migrant smuggling is a dangerous, sometimes deadly, criminal activity. Failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel, endangers the lives and safety of smuggled migrants, undermines border security, and undermines the integrity and fairness of immigration systems. Introduced in the Canadian House of Commons in June 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration System Act (Bill C-4) includes proposed amendments to the Immigration and Refugee Protection Act that would enhance …
Interpersonal Power In The Criminal System,
2013
University of Michigan Law School
Interpersonal Power In The Criminal System, Kimberly A. Thomas
Articles
This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …
First Things First: Juvenile Justice Reform In Historical Context,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
First Things First: Juvenile Justice Reform In Historical Context, David S. Tanenhaus
Scholarly Works
In my remarks today, I will explain how conceptions of children's rights have been used to shape the American juvenile justice system's development. First, I will argue that we should take a long view of this history. Next, I will focus on three specific eras of twentieth-century reform. Finally, I will conclude with a call for more research on the prosecutor's role in administering juvenile justice. This historical perspective, I believe, can help us to answer the challenging question of what children's rights should be.
Mass Incarceration At Sentencing,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Mass Incarceration At Sentencing, Anne R. Traum
Scholarly Works
Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at sentencing would provide an additional response that can largely be implemented without wholesale reform. Mass incarceration presents a difficult problem for courts because it is a systemic problem that harms people on several scales-individual, family, and community-and the power of courts to address such broad harm is limited. This Article proposes that judges should consider mass incarceration, a systemic problem, in individual criminal cases at sentencing. Sentencing is …
Fighting Cybercrime After United States V. Jones,
2013
University of Maryland Francis King Carey School of Law
Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart
Faculty Scholarship
In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus …
The Skeptic's Guide To Information Sharing At Sentencing,
2013
Indiana University Maurer School of Law - Bloomington
The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott
Articles by Maurer Faculty
The “information sharing model,” a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. According to proponents, judges armed with that information can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law.
This Article takes a skeptical view of the information sharing model, arguing that it suffers from …
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws,
2013
Elisabeth Haub School of Law at Pace University
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm rationale …
The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments,
2013
New York Law School
The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12
NYLS Law Review
No abstract provided.
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness,
2013
Northwestern Pritzker School of Law
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
Journal of Criminal Law and Criminology
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psycho logical deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious …
Compensation Statutes And Post-Exoneration Offending,
2013
Northwestern Pritzker School of Law
Compensation Statutes And Post-Exoneration Offending, Evan J. Mandery, Amy Shlosberg, Valerie West, Bennett Callaghan
Journal of Criminal Law and Criminology
No abstract provided.
Walking Firearms To Gunrunners: Atf’S Flawed Operation In A Flawed System,
2013
Northwestern Pritzker School of Law
Walking Firearms To Gunrunners: Atf’S Flawed Operation In A Flawed System, Michael Krantz
Journal of Criminal Law and Criminology
No abstract provided.
Order, Technology, And The Constitutional Meanings Of Criminal Procedure,
2013
Northwestern Pritzker School of Law
Order, Technology, And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Journal of Criminal Law and Criminology
No abstract provided.
Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement,
2013
Northwestern Pritzker School of Law
Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw
Journal of Criminal Law and Criminology
No abstract provided.
Fighting Cybercrime After United States V. Jones,
2013
Northwestern Pritzker School of Law
Fighting Cybercrime After United States V. Jones, David Gray, Danielle Keats Citron, Liz Clark Rinehart
Journal of Criminal Law and Criminology
No abstract provided.
U.S. Supreme Court Decisions And Sex Offender Legislation: Evidence Of Evidence-Based Policy?,
2013
Northwestern Pritzker School of Law
U.S. Supreme Court Decisions And Sex Offender Legislation: Evidence Of Evidence-Based Policy?, Christina Mancini, Daniel P. Mears
Journal of Criminal Law and Criminology
No abstract provided.
Humiliation, Degradation, Penetration: What Legislatively Required Pre-Abortion Transvaginal Ultrasounds And Rape Have In Common,
2013
Northwestern Pritzker School of Law
Humiliation, Degradation, Penetration: What Legislatively Required Pre-Abortion Transvaginal Ultrasounds And Rape Have In Common, Kelsey Anne Green
Journal of Criminal Law and Criminology
No abstract provided.
Pardons And The Theory Of The 'Second Best',
2013
Saint Louis University School of Law
Pardons And The Theory Of The 'Second Best', Chad Flanders
All Faculty Scholarship
This paper explains and defends a “second-best” theory of pardons. Pardons are “second-best” in two ways. First, pardons are second-best because they represent, in part, a failure of justice: the person convicted was not actually guilty, or he or she was punished too harshly, or the punishment no longer fits the crime. In the familiar analogy, pardons act as a “safety valve” on a criminal justice system that doesn’t work as, ideally, it should. Pardons, in the non-ideal world we live in, are sometimes necessary.
But pardons are also “second-best” in another way, because they can represent deviations from certain …
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior,
2013
University at Albany, State University of New York
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Psychology Faculty Scholarship
Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry,
2013
University of Miami School of Law
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Articles
No abstract provided.
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes,
2013
University of Miami School of Law
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Articles
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …