Digital Commons Network^™

Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver

ProAcademy

In the article, the author highlights the lack of effective law enforcement in the field of combating transnational financial crimes as an existing problem in this area. This conclusion was made based on an analysis of the views and opinions of representatives of legal science and practitioners in this field, as well as the reporting documents of mutual assessments for compliance with international standards of Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) systems of the participating states of the Financial Action Task Force on Money Laundering (FATF). The author, dividing the ways of improving the effectiveness of the implementation …

On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun

ProAcademy

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the courts belong to different power …

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Beyond Bail, Jenny E. Carroll

Faculty Scholarship

From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of money bail, reform movements have altered the landscape of pretrial detention. Yet little attention has been paid to the emerging reality of a post-money bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on non-monetary conditions of release. These non-monetary conditions can be problematic for many of the same reasons that money bail is problematic and can inject additional bias into the pretrial system.

In theory, non-monetary conditions offer increased opportunities …

Confrontation’S Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman

Texas A&M Law Review

The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes that require multiple analysts, should the prosecution be required to produce …

Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Mason D. Williams

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.

Disrupting Death: How Specialized Capital Defenders Ground Virginia’S Machinery Of Death To A Halt, Corinna Barrett Lain, Douglas A. Ramseur

University of Richmond Law Review

Virginia’s repeal of capital punishment in 2021 is arguably the most momentous abolitionist event since 1972, when the United States Supreme Court invalidated capital punishment statutes nationwide. In part, Virginia’s repeal is momentous because it marks the first time a Southern state abolished the death penalty. In part, it is momentous because even among Southern states, Virginia was exceptional in its zeal for capital punishment. No state executed faster once a death sentence was handed down. And no state was more successful in defending death sentences, allowing Virginia to convert death sentences into executions at a higher rate than any …

Foreword, Joseph Giarratano

University of Richmond Law Review

No abstract provided.

An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein

Fordham Law Review

Little is understood about the parole release process, as state parole boards predominately operate with incredible discretion and keep their deliberations and rationales hidden from public view. Even less is understood about the intersection of the inscrutable parole release decision-making process and victim rights. As the victim rights movement mobilized in the 1970s, victims, instead of remaining passive witnesses, came to wield significant influence over the release decision process. Today, victim participation in parole proceedings is increasing as most parole boards proclaim how important victims’ voices are and, in turn, actively incorporate victim input into their release calculus. Yet, it …

When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman

University of Cincinnati Law Review

The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these …

Overcoming Obstacles To Reentry Panel, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Rose Lecture, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Book Review Of Charged: The New Movement To Transform American Prosecution And End Mass Incarceration, Justin Murray

Journal of Legal Education

No abstract provided.

Identifying The Most Democratic Institution To Lead Criminal Justice Reform, Harry B. Dodsworth

Northwestern University Law Review

American criminal justice is in crisis, and most scholars agree why: unduly severe laws, mass incarceration, and disproportionate effects on minority groups. But they don’t agree on a solution. One group of scholars—known as the “democratizers”—thinks the answer is to make the criminal justice system more democratic. According to democratizers, layperson participation and local democratic control will impart sensibility into criminal justice reform. In short, a transfer of power away from distant lawmakers and toward local communities, which would craft their own criminal codes and elect their own prosecutors. This argument assumes that more local means more democratic—but what if …

Case Study: The International Criminal Tribunal For The Former Yugoslavia’S Court Transcripts In Bosnian/Croatian/Serbian—Part 1: Needs, Feasibility, And Output Assessment, Besmir Fidahić

Genocide Studies and Prevention: An International Journal

International Criminal Tribunal for the Former Yugoslavia (ICTY) remains the most important organization for the past, the present, and the future of the former Yugoslavia. Faced with a country that always lived under totalitarian regimes with very little insight into actions of the groups and individuals who reaped unthinkable havoc on each other at the end of the twentieth century, the ICTY set undisputable historical record about events that took place during the 1991–1999 wars and put the country on an excellent track towards transformation for the better. But even 28 years since the establishment of the ICTY, the former …

Corruption And Its Manifestations In The Field Of Public Education At The Present Stage Of Development Of The Republic Of Uzbekistan, Abdullayeva Malikabonu Erkin Qizi

ProAcademy

The article deals with the concept and signs of corruption in national and international legislation. Based on the analysis of legal definitions of the concept of corruption, lists of acts of corruption in conjunction with the provisions of the most significant international legal acts that laid the foundations for understanding corruption, an attempt is made to determine the list and content of essential features of this social and legal phenomenon. As significant signs of corruption, the author singled out: social harm (danger), sphere of existence, subject of corruption, subjects, use by the subject of corruption of official (official) powers or …

Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Pulling Back The Curtain: A Follow-Up Report From The Aba Criminal Justice Section Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

In an era when women’s hard-fought and hard-earned participation in the workforce is in peril, the ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting challenges in hiring, retention and promotion of women criminal lawyers. Pulling Back the Curtain follows up on the initial findings of the TF. The findings are published in the Berkeley Journal of Criminal Law and the ABA Criminal Justice magazine. This report describes the results of a subsequent survey of diverse criminal lawyers and judges conducted at the end of 2020. The survey posed questions related to …

With Unanimity And Justice For All: The Case For Retroactive Application Of The Unanimous Jury Verdict Requirement, Kara Kurland

Northwestern Journal of Law & Social Policy

Until the Supreme Court’s 2020 decision in Ramos v. Louisiana, non-unanimous jury verdicts were constitutional and utilized in two states: Louisiana and Oregon. The Ramos decision not only declared the practice of non-unanimous jury verdicts unconstitutional, but it also emphasized the essential nature of jury verdict unanimity in criminal trials throughout American history and legal jurisprudence. A year later, in Edwards v. Vannoy, the Court considered retroactive application of Ramos. Utilizing the test created in Teague v. Lane that assessed the retroactivity of new rules of criminal procedure, the Court announced that, despite the essential nature of the unanimous jury …

Rico Had A Birthday! A Fifty-Year Retrospective Of Questions Answered And Open, Randy D. Gordon

Faculty Scholarship

The Racketeer Influenced and Corrupt Organizations Act (RICO) came into the world in 1970, a time of great social upheaval that was accompanied by shifting attitudes towards both crime and civil litigation. From the outset, the statute’s complexity, ambiguity, and uncertain purpose have confounded courts and commentators. At least some doubts as to the statute’s meaning and application arise because it has criminal and civil components that subject it to the twin—yet antithetical—social impulses to be “tough on crime” while containing a perceived “litigation explosion.” In this Article, I situate RICO in this larger context and offer that context as …

Revocation And Retribution, Jacob Schuman

Washington Law Review

Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.

This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …

"Send Freedom House!": A Study In Police Abolition, Tiffany Yang

Washington Law Review

Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian …

Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder

Dickinson Law Review (2017-Present)

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations. …

Blood In The Water: Why The First Step Act Of 2018 Fails Those Sentenced Under The Maritime Drug Law Enforcement Act, Lauren R. Robertson

Washington and Lee Law Review

For some, the open ocean is prison. The Maritime Drug Law Enforcement Act (MDLEA) prohibits individuals from knowingly or intentionally distributing a controlled substance or possessing it with the intent to distribute. Empowered by the MDLEA, the United States Coast Guard arrests and detains foreign nationals hundreds of miles outside of U.S. territorial waters. After months shackled to Coast Guard ships, these individuals face the harsh reality of American mandatory minimum drug sentencing, judged by the kilograms of drugs on their vessels. But the MDLEA conflates kilograms with culpability. More often than not, those sentenced are fishermen-turned-smugglers due to financial …

Southern Harm: Analyzing The Criminal Enforcement Of Environmental Law In The Southern United States, 1983-2019, Joshua Ozymy, Melissa L. Jarrell

William & Mary Environmental Law and Policy Review

When violations of environmental laws involve significant harm or culpable conduct, the application of criminal enforcement tools is required. Yet, our understanding of how environmental laws have been criminally enforced historically in the Southern United States remains poor. Our goal is to analyze historical charging and sentencing patterns and show the broader themes that emerge in environmental crime prosecutions over time in the region. Through content analysis of all 2,588 criminal prosecutions resulting from U.S. EPA criminal investigations, 1983–2019, we select all 799 prosecutions occurring in the Southern United States. Results show that 44% of prosecutions focus on water pollution, …

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Reforming State Bail Reform, Shima Baughman, Lauren Boone, Nathan H. Jackson

Utah Law Faculty Scholarship

We are waist-deep in the third wave of bail reform. Scholars, policy makers, and the public have realized that the short period of detention before trial creates ripple effects on a defendant’s judicial fate and has lasting impacts on our system of mass incarceration. Over 200 proposed bail bills are pending throughout the states. This is not the first period of bail reform in America—two previous waves of bail reform in the 1960s and 1980s have both ended in increased pretrial detention for defendants. Some of the recent efforts in the third wave of bail reform have also increased detention …

The End Of Liberty, Adam J. Kolber

Faculty Scholarship

No abstract provided.

Bleeding From The Holes In The Theory: How Flawed Deterrence In Federal Tort Claims Enables Police Brutality, Andrew Reisman

Cardozo Journal of Equal Rights & Social Justice

The note argues that federal tort laws, particularly the Federal Tort Claims Act (FTCA) and Bivens actions, are ineffective in deterring police brutality due to structural flaws that prevent individual accountability. It proposes reforms to strengthen these legal mechanisms and promote transparency and accountability within federal law enforcement agencies.

A New Age Of Surveillance: Facial Recognition In Policing And Why It Should Be Abolished, Annslee Perego

Cardozo Journal of Equal Rights & Social Justice

The note argues that facial recognition technology in policing is fundamentally flawed due to its racial bias, erosion of privacy, and suppression of democratic participation. It advocates for the abolition of facial recognition in law enforcement, citing its inherent inaccuracies and societal risks, and proposes regulatory measures to limit its use if outright abolition is not feasible.