Criminal Law Commons^™

Disparities In Postconviction Remedies For Those Who Plead Guilty And Those Convicted At Trial: A Survey Of State Statutes And Recommendations For Reform, Rebecca Stephens

Journal of Criminal Law and Criminology

No abstract provided.

Structural Overdelegation In Criminal Procedure, Anthony O’Rourke

Journal of Criminal Law and Criminology

No abstract provided.

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, Michael Krantz

Journal of Criminal Law and Criminology

No abstract provided.

Order, Technology, And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker

Journal of Criminal Law and Criminology

No abstract provided.

Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosiac Approach, Stephen E. Henderson

Journal of Criminal Law and Criminology

No abstract provided.

Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw

Journal of Criminal Law and Criminology

No abstract provided.

Cybersurveillance Without Restraint? The Meaning And Social Value Of The Probable Cause And Reasonable Suspicion Standards In Governmental Access To Third-Party Electronic Records, Andrew E. Taslitz

Journal of Criminal Law and Criminology

No abstract provided.

Fighting Cybercrime After United States V. Jones, David Gray, Danielle Keats Citron, Liz Clark Rinehart

Journal of Criminal Law and Criminology

No abstract provided.

Differences In Punitiveness Across Three Cultures: A Test Of American Exceptionalism In Justice Attitudes, Matthew B. Kugler, Friederike Funk, Judith Braun, Mario Gollwitzer, Aaron C. Kay, John M. Darley

Journal of Criminal Law and Criminology

No abstract provided.

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, Kelsey Anne Green

Journal of Criminal Law and Criminology

No abstract provided.

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 …

Confronting Criminal Law’S Violence: The Possibilities Of Unfinished Alternatives, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

Confronting criminal law’s violence calls for an openness to unfinished alternatives — a willingness to engage in partial, in process, incomplete reformist efforts that seek to displace conventional criminal law administration as a primary mechanism for social order maintenance. But despite all indications that the status quo in U.S. criminal law administration is profoundly dysfunctional — an institutional manifestation of the deepest pathologies in our society — contemporary criminal law reform efforts and scholarship focus almost exclusively on relatively limited modifications to the status quo. These modifications may well render criminal law administration more humane, but fail to substitute alternative …

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, Tamara Rice Lave, Justin Mccrary

Articles

No abstract provided.

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 …

Looking For Love In All The Wrong Places: A Call To Reform State Law On Sex Trafficking, Kristian Bryant Rose

Oklahoma Law Review

No abstract provided.

Intuition Versus Algorithm: The Case Of Forensic Authorship Attribution, Lawrence Solan

Faculty Scholarship

No abstract provided.

Reviving The Federal Crime Of Gratuities, Sarah N. Welling

Law Faculty Scholarly Articles

The federal crime of gratuities prohibits people from giving gifts to federal public officials if the gift is tied to an official act. Both the donor and the donee are liable. The gratuities crime is dysfunctional in two main ways. It is overinclusive in that it covers conduct indistinguishable from bribery. It is underinclusive in that it does not cover conduct that is clearly dangerous: gifts to public officials because of their positions that are not tied to a particular official act.

This Article argues that Congress should extend the crime of gratuities to cover gifts because of an official’s …