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

Digital Commons Network™

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

Criminal Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1681 - 1710 of 3271

Full-Text Articles in Entire DC Network

(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, Michael Cassidy Jan 2014

(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, Michael Cassidy

Loyola University Chicago Law Journal

This Article stakes out an ethical argument in favor of prosecutorial leadership on sentencing reform. Prosecutors have a duty as “ministers of justice” to go beyond seeking appropriate conviction and punishment in individual cases, and to think about the delivery of criminal justice on a systemic level―promoting criminal justice policies that further broader societal ends. While other authors have explored the tensions between a prosecutor’s adversarial duties and “minister of justice” role in the context of specific litigation, few have explored what it means to be an “administer” of justice in the wider political arena. The author sets forth a …

Go to article

Terry Stops, Anonymous Tips, And Driving Under The Influence: A Study Of Illinois Law, Charles Burns, Michael Conte Jan 2014

Terry Stops, Anonymous Tips, And Driving Under The Influence: A Study Of Illinois Law, Charles Burns, Michael Conte

Loyola University Chicago Law Journal

In the recent case of Navarette v. California, No. 12-9490 (U.S. Apr. 22, 2014), the United States Supreme Court held that an anonymous tip can support an investigatory stop in the absence of independent corroboration by the arresting officer under the Fourth Amendment to the United States Constitution. In the fourteen years between Navarette and Florida v. J.L., 529 U.S. 266 (2000), in which the Court last addressed anonymous tips, lower courts across the country struggled to determine how United States Supreme Court precedents on anonymous tips apply in the context of drunk or reckless driving. Illinois courts …

Go to article

Smoke And Mirrors: Model Penal Code § 305.7 And Compassionate Release, E. Lea Johnston Jan 2014

Smoke And Mirrors: Model Penal Code § 305.7 And Compassionate Release, E. Lea Johnston

UF Law Faculty Publications

The American Law Institute has revised the sentencing articles of the Model Penal Code to include three important sentence modification measures. One of these provisions, Model Penal Code § 305.7, would allow a judge to reduce a prison sentence at any time for any “compelling” reason, if the purposes of sentencing justify sentence modification. Compelling circumstances may include advanced age, physical infirmity, or any other circumstance that sufficiently affects the retributive or utilitarian aims that animate limiting retributivism, the philosophy undergirding the revised Model Penal Code sentencing articles. Limiting retributivism provides that individual sentences should occur within the bounds of …

Go to article

Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr Jan 2014

Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr

Articles

This Article critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise- condemned discrimination, sanitized by scientific language. To demonstrate that this practice raises serious constitutional concerns, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that the policy is not justified by countervailing state interests, I review the empirical evidence underlying the instruments. I show that …

Go to article

Tort Claims And Canadian Prisoners, Adelina Iftene, Lynne Hanson, Allan Manson Jan 2014

Tort Claims And Canadian Prisoners, Adelina Iftene, Lynne Hanson, Allan Manson

Articles, Book Chapters, & Popular Press

Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith case. Tort actions have proven to be a problematic form of recourse for them. Negligence claims made by prisoners face many obstacles at every stage of the analysis: the duty of care, standard and breach, and causation. The authors offer an overview of tort litigation coming out of Canadian prison with a focus on health care based negligence claims, risks arising from other prisoners and the risk of self-harm. They find that these cases are unevenly resolved when the plaintiff is a prisoner. The …

Go to article

Capacity To Consent To Sexual Risk, Elaine Craig Jan 2014

Capacity To Consent To Sexual Risk, Elaine Craig

Articles, Book Chapters, & Popular Press

In delineating the legal boundaries of capacity to consent to sexual touching, law makers and jurists must grapple with tensions between sexual liberty, morality, sexual minority equality interests, and public safety. Legal rules that stipulate that an individual cannot consent in advance to unconscious sexual activity or to sado-masochism, or that an individual under a certain age or with a particular intellectual capacity cannot consent to sexual touching have an impact on sexual liberty and should be justified. This paper argues that establishing these limits based on normative assessments about specific sexual acts poses too great a threat to the …

Go to article

“White Collar” Crimes, Samuel W. Buell Jan 2014

“White Collar” Crimes, Samuel W. Buell

Faculty Scholarship

In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …

Go to article

Shadow Immigration Enforcement And Its Constitutional Dangers, Maureen A. Sweeney Jan 2014

Shadow Immigration Enforcement And Its Constitutional Dangers, Maureen A. Sweeney

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath Jan 2014

Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui Jan 2014

Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Objective Mens Rea And Attenuated Subjectivism: Guidance From Justice Charron In R. V. Beatty, Palma Paciocco Jan 2014

Objective Mens Rea And Attenuated Subjectivism: Guidance From Justice Charron In R. V. Beatty, Palma Paciocco

Articles & Book Chapters

Justin Ronald Beatty was driving on the Trans-Canada Highway on July 23, 2003 when, for no apparent reason, his truck suddenly crossed the solid centre line and collided with an oncoming car, killing three people. Beatty was charged with dangerous operation of a motor vehicle causing death. He was acquitted at trial on the grounds that his momentary lapse of attention was not enough to establish fault. The Crown appealed, and the Court of Appeal ordered a new trial after concluding that the trial judge had misapplied the fault standard. Beatty appealed to the Supreme Court of Canada, which undertook …

Go to article

Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess Jan 2014

Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess

Faculty Publications

South Dakota, like many other states, permits adult criminal prosecution, sentencing, and imprisonment of certain minors who commit a crime. The mechanism which allows prosecution of a child as an adult is referred to as “juvenile transfer,” because the juvenile court’s jurisdiction over the child is transferred to the adult criminal court. The article discusses how the juvenile transfer mechanism developed — both generally and in South Dakota — as well as how it operates today. The author summarizes research findings about the efficacy and fairness of juvenile transfer. Harsh criminal consequences for juveniles are increasingly disfavored as we learn …

Go to article

The Exclusion Of Improperly Obtained Evidence At The International Criminal Court: A Principled Approach To Interpreting Article 69(7) Of The Rome Statute, Michael Madden Jan 2014

The Exclusion Of Improperly Obtained Evidence At The International Criminal Court: A Principled Approach To Interpreting Article 69(7) Of The Rome Statute, Michael Madden

LLM Theses

This thesis examines article 69(7) of the Rome Statute, which creates an exclusionary rule for improperly obtained evidence at the International Criminal Court (ICC). Ultimately, the thesis proposes how the ICC should interpret its exclusionary rule. The thesis discusses the theory underlying exclusionary rules, the evidence law and remedial law contexts within which exclusionary rules operate, and numerous comparative examples of exclusionary doctrine from within national criminal justice systems. Finally, some unique aspects of international criminal procedure are described in order to demonstrate how an international exclusionary rule might need to differ from a domestic rule, and previous jurisprudence relating …

Go to article

Problem-Solving Courts And Pragmatism, Richard C. Boldt Jan 2014

Problem-Solving Courts And Pragmatism, Richard C. Boldt

Maryland Law Review

No abstract provided.

Go to article

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin Jan 2014

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin

Scholarship@WashULaw

In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …

Go to article

The Far-Reaching Shadow Cast By Ferguson, Kimberly Jade Norwood Jan 2014

The Far-Reaching Shadow Cast By Ferguson, Kimberly Jade Norwood

Scholarship@WashULaw

In the Dred Scott case, Justice Taney remarked that black people “had no rights which the white man was bound to respect.” In The Far-Reaching Shadow Cast by Ferguson, Professor Norwood questions whether, in today’s society, Justice Taney’s sentiment still holds true. Citing examples of recent police shootings and beatings of unarmed African-Americans and personal and family experiences, Professor Norwood argues that our country is broken and needs fixing. Professor Norwood concludes that we are not the ‘post-racial’ society we claim to be and that the Michael Brown shooting, among others, provides a watershed moment to confront our country’s underlying …

Go to article

Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello Jan 2014

Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Go to article

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang Jan 2014

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …

Go to article

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin Jan 2014

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin

Publications

In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …

Go to article

Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber Jan 2014

Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber

Publications

Stand-your-ground laws have come to symbolize, especially for many in the center-to-left, the intense racial injustice of the modern American criminal system. The idea now ingrained in the minds of many racial justice-seekers is that only by narrowing the definition of self-defense (and thereby generally strengthening murder law) can we ensure Trayvon Martin's death was not in vain. However, when the story of Martin's killing first appeared on the national stage, the conversation was not primarily about the overly lenient nature of Florida's self-defense law. It was a multi-faceted dialogue about neighborhood warriors, criminal racial profiling, and especially the racially …

Go to article

Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman Jan 2014

Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman

Kentucky Law Journal

No abstract provided.

Go to article

The Dignity Of The Human Person: Catholic Social Teaching And The Practice Of Criminal Punishment, Dora W. Klein Jan 2014

The Dignity Of The Human Person: Catholic Social Teaching And The Practice Of Criminal Punishment, Dora W. Klein

Faculty Articles

The moral foundation that supports the Catholic Church's opposition to the death penalty is wide and deep. This Article proposes that despite the oft-repeated maxim that "death is different," the same foundation that supports efforts to abolish the death penalty can also support those who seek to achieve other reforms in the practice of criminal punishment.

Go to article

Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey Jan 2014

Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey

Faculty Scholarship

After a distinctly punitive era, a period of remarkable reform in juvenile crime regulation has begun. Practical urgency has fueled interest in both crime reduction and research on the prediction and malleability of criminal behavior. In this rapidly changing context, high-risk youth – the small proportion of the population where crime is concentrated – present a conundrum. Research indicates that these are precisely the individuals to intensively treat to maximize crime reduction, but there are both real and imagined barriers to doing so. Institutional placement or criminal court processing can exclude these youths from interventions that would better protect public …

Go to article

The Great Writ In The Peach State: Georgia Habeas Corpus, 1865-1965, Donald E. Wilkes Jr. Jan 2014

The Great Writ In The Peach State: Georgia Habeas Corpus, 1865-1965, Donald E. Wilkes Jr.

Scholarly Works

There is a plenitude of scholarly writing on the Great Writ of Habeas Corpus, which is universally recognized as "one of the decisively differentiating factors between our democracy and totalitarian governments."' The overwhelming majority of these scholarly publications are concerned with the writ of habeas corpus as administered in the federal court system. There are far fewer scholarly publications on the writ of habeas corpus as administered in the courts of the State of Georgia, and most of these works are concerned with Georgia habeas corpus as a state postconviction remedy, past and present. Only one scholarly piece, a law …

Go to article

Give Me Internet Or Give Me Death: Analyzing The Constitutionality Of Internet Restrictions As A Condition Of Supervised Release For Child Pornography Offenders, Laura Tatelman Jan 2014

Give Me Internet Or Give Me Death: Analyzing The Constitutionality Of Internet Restrictions As A Condition Of Supervised Release For Child Pornography Offenders, Laura Tatelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that blanket bans on internet and internet-capable devices as a condition of supervised release for child pornography offenders are unconstitutional under the doctrine of unconstitutional conditions. These bans infringe on fundamental liberties such as speech, association, and access to information, disproportionately affecting offenders’ ability to reintegrate into society. The analysis advocates for a balanced approach that prioritizes public safety while respecting constitutional rights, suggesting alternatives like supervised release rather than outright internet prohibition.

Go to article

The Punishment Agenda In The Courts, Debra Parkes Jan 2014

The Punishment Agenda In The Courts, Debra Parkes

All Faculty Publications

This paper critically examines the potential of prisoner litigation in Canada to shed light on what U.S. Supreme Court Justice Anthony Kennedy has called “the hidden world of punishment.” It considers whether prisoner’s rights litigation can act as a meaningful legal check on the growing punishment agenda in Canada. The paper begins with a brief description of some aspects of the punishment agenda before moving on to consider case law under the section of the Canadian Charter of Rights and Freedoms which speaks directly to punishment and its limits, the section 12 right to be free from “cruel and unusual …

Go to article

Racial Profiling As Collective Definition, Trevor George Gardner Jan 2014

Racial Profiling As Collective Definition, Trevor George Gardner

Scholarship@WashULaw

Economists and other interested academics have committed significant time and effort to developing a set of circumstances under which an intelligent and circumspect form of racial profiling can serve as an effective tool in crime finding–the specific objective of finding criminal activity afoot. In turn, anti-profiling advocates tend to focus on the immediate efficacy of the practice, the morality of the practice, and/or the legality of the practice. However, the tenor of this opposition invites racial profiling proponents to develop more surgical profiling techniques to employ in crime finding. In the article, I review the literature on group distinction to …

Go to article

Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern Jan 2014

Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern

Faculty Scholarship

Federal and state law confers broad discretion on courts to administer the criminal laws, impose powerful penalties, and leave serious criminal behavior unpunished. Each time an appellate court reviews a criminal verdict, it performs an important systemic function of regulating the exercise of that power. Trial courts do the same when, for example, they admit or exclude evidence generated by government investigators. For decades, judicial decisions of this sort have been guided by case law made during the Supreme Court's Criminal Procedure Revolution of the 1960s and 1970s. It is becoming increasingly clear, however, that the rule-bound, essentially bureaucratic regulatory …

Go to article

Fifteen Years Of Supreme Court Criminal Procedure Work: Three Constitutional Brushes, Daniel C. Richman Jan 2014

Fifteen Years Of Supreme Court Criminal Procedure Work: Three Constitutional Brushes, Daniel C. Richman

Faculty Scholarship

This essay – written in connection with a French National Research Agency project on “Neo or Retro Constitutionalisms” – is an effort to pull together the last fifteen years of Supreme Court criminal procedure cases expanding constitutional protections. It identifies three different styles: thin and clear doctrinal lines on miniature doctrinal canvases that have only passing connections to criminal justice realities; episodic and self-limiting engagements with a potentially larger regulatory space; and a grand style that hints at sweeping structural ambitions but collaborates with other regulatory authorities. Readers undoubtedly can come up with more than three styles. But, in any …

Go to article

Us-Visit System, Malea R. Hetrick Jan 2014

Us-Visit System, Malea R. Hetrick

War Crimes Memoranda

No abstract provided.

Go to article

First Prev Next Last