Digital Commons Network^™

Letting Offenders Choose Their Punishment?, Gilles Grolleau, Murat C. Mungan, Naoufel Mzoughi

Faculty Scholarship

Punishment menus allow offenders to choose the punishment to which they will be subjected from a set of options. We present several behaviorally informed rationales for why punishment menus may serve as effective deterrents, notably by causing people to refrain from entering a calculative mindset; reducing their psychological reactance; causing them to reconsider the reputational impacts of punishment; and reducing suspicions about whether the act is enforced for rent-seeking purposes. We argue that punishment menus can outperform the traditional single punishment if these effects can be harnessed properly. Our observations thus constitute a challenge, based on behavioral arguments, to the …

Crime Victimisation In India, Sudhir Krishnaswamy, Renuka Sane, Ajay Shah, Varsha Aithala

Books

This edited volume is a pioneering and comprehensive study of crime victimisation in India. Relying on the findings of four crime victimisation surveys conducted in India, it provides a unique basis for understanding crime in society. It considers the public’s fear of crime and perceptions of safety and security, focusing on their access to the police and how they view police effectiveness. This study provides critical data on the level of crime within particular spatial and temporal conditions which can supplement official statistics on crime published by the state, help systematically diagnose law and order issues and develop solutions for …

Cardozo Launches The Perlmutter Center For Legal Justice, Benjamin N. Cardozo School Of Law

2022 Event Invitations

The Perlmutter Center for Legal Justice at Cardozo Law will be comprised of two components:

The Perlmutter Forensic Science Educational Program, an ambitious legal education program in scientific evidence for practicing attorneys.

The Perlmutter Freedom Clinic, seeking justice for the unjustly incarcerated, will fight wrongful convictions based on the misuse of scientific evidence and work to obtain clemency for individuals that have been unjustly incarcerated.

The Center will be led by prominent civil rights attorney and criminal justice reform advocate Josh Dubin, who will serve as Executive Director. The Deputy Director will be Derrick Hamilton, a formerly incarcerated individual who …

The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker

Northwestern University Law Review

The Supreme Court has made social cost a core concept relevant to the calculation of Fourth Amendment remedies but has never explained the concept’s meaning. The Court limits the availability of both the exclusionary rule and civil damages because of their “substantial social costs.” According to the Court, these costs primarily consist of letting the lawbreaker go free by excluding evidence or deterring effective police practices that would lead to more criminal apprehension and prosecution. But recent calls for systemic police reform by social movements have a different view of social cost. So too do calls for reforming qualified immunity. …

Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Sentencing After Stash Houses: Addressing Manipulation Of The Federal Sentencing Guidelines, Elizabeth Foy Gudgel

Fordham Law Review

In the realm of undercover work, law enforcement has broad discretion to define the contours of a criminal offense. Due to quantity-based provisions in the Federal Sentencing Guidelines, federal agents or their informants may coerce an individual into a higher sentencing range by escalating their behavior to align with mandatory minimums or quantifiable offense levels. Because this type of offense is police-initiated, law enforcement has discretion to select the individuals subject to these tactics and influence their eventual sentences. The defenses of sentencing entrapment and sentencing manipulation are meant to combat this discretion. However, these defenses are rarely invoked successfully …

Does Brady Apply To Supervised Release Revocation Hearings?, Alex Breindel

Fordham Law Review

Many federal offenders face a term of supervised release upon leaving prison. The successor to the federal parole system, supervised release places conditions upon individuals’ freedom. Violation of a condition may result in revocation of release and reimprisonment. To revoke release, the government must prove to a judge by a preponderance of the evidence that a violation occurred. At this proceeding, known as a “revocation hearing,” the individual may contest the alleged violation and present their own evidence.

Under Brady v. Maryland and its progeny, due process requires the government to disclose material exculpatory evidence to criminal defendants. This Note …

Green Crimes In The Empire State: Analyzing The Criminal Enforcement Of Environmental Law In New York, Joshua Ozymy, Melissa Jarrell Ozymy

Pace Environmental Law Review

Ensuring compliance with federal and state environmental laws and deterring future offenses can require the application of criminal enforcement tools. Yet we have a limited understanding of how the criminal enforcement of environmental laws has progressed historically in The Empire State. To explore this phenomenon, we undertake content analysis of federal prosecution summaries for all environmental crime prosecutions stemming from U.S. Environmental Protection Agency criminal investigations from 1983 to 2019. We explore which federal environmental laws were violated, determine which charging statutes were used, analyze sentencing patterns, and illustrate the broader themes that emerge in such prosecutions over 37 years. …

Decarceration's Inside Partners, Seema Tahir Saifee

Fordham Law Review

This Article examines a hidden phenomenon in criminal punishment. People in prison, during their incarceration, have made important—and sometimes extraordinary—strides toward reducing prison populations. In fact, stakeholders in many corners, from policy makers to researchers to abolitionists, have harnessed legal and conceptual strategies generated inside the walls to pursue decarceral strategies outside the walls. Despite this outside use of inside moves, legal scholarship has directed little attention to theorizing the potential of looking to people on the inside as partners in the long-term project of meaningfully reducing prison populations, or “decarceration.”

Building on the change-making agency and revolutionary ideation inside …

An Algorithmic Assessment Of Parole Decisions, Hannah Lacqueur, Ryan W. Copus

Faculty Works

Objectives: Parole is an important mechanism for alleviating the extraordinary social and financial costs of mass incarceration. Yet parole boards can also present a major obstacle, denying parole to low-risk inmates who could safely be released from prison. We evaluate a major parole institution, the New York State Parole Board, quantifying the costs of suboptimal decision-making.

Methods: Using ensemble Machine Learning, we predict any arrest and any violent felony arrest within three years to generate criminal risk predictions for individuals released on parole in New York from 2012–2015. We quantify the social welfare loss of the Board’s suboptimal decisions by …

Greening Criminal Legal Deserts In Rural Texas, Pamela R. Metzger, Claire Buetow, Kristin Meeks, Blane Skiles, Jiacheng Yu

Deason Center Reports

Texas’ rural communities urgently need more prosecutors and public defense providers. On average, Texas’ most urban areas have 28 lawyers for every 100 criminal cases, but rural areas only have five. Many rural prosecutor’s offices cannot recruit and retain enough staff. The Constitution’s promise of equal justice for all remains unfulfilled. Rural Texans charged with misdemeanors are four times less likely to have a lawyer than urban defendants. In 2021, only 403 rural Texas lawyers accepted an appointment to represent an adult criminal defendant. In 65 rural counties, no lawyer accepted an appointment. And the problem is getting worse. Since …

The Politics Of The Criminal Enforcement Of The U.S. Clean Air Act, Joshua Ozymy, Melissa Jarrell Ozymy

William & Mary Environmental Law and Policy Review

Criminal prosecution has always existed in a political context. Democratic and Republican presidents have treated environmental regulation very differently over time and this may have a profound effect on how the criminal enforcement of air pollution laws has proceeded in the United States both historically and in the future. There was enough of a bipartisan consensus to allow the institutionalization of resources for the policing and prosecution of air pollution crimes that began in the 1980s and lasted until the early 1990s, where criminal investigators and specialized prosecutors were hired; institutionalized places for these operations to specialize and collaborate were …

Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn

William & Mary Journal of Race, Gender, and Social Justice

Shaken Baby Syndrome (SBS) is a controversial diagnosis and an even more controversial basis for conviction. The syndrome is questioned by scientists and doctors who have yet to come to a consensus on its diagnosis. Courts have permitted SBS evidence to be admitted in criminal trials, and many people have been convicted solely on the basis of this controversial diagnosis. This Note seeks to analyze the history of SBS, the conflicts in the medical and scientific community, standards of evidence that permit its admission in court, and how all of these factors converge in a way that disproportionately impacts women …

Police Vehicle Searches And Racial Profiling: An Empirical Study, Griffin Edwards, Stephen Rushin

Fordham Law Review

In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a smaller number of extenuating circumstances. This series of cases became a flash point for the broader debate about the regulation of policing. Law enforcement groups argued that administratively complex rules, like those established in Gant, risk officer safety. …

Courts Without Court, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

What role does the physical courthouse play in the administration of criminal justice? This Article uses recent experiments with virtual courts to reimagine a future without criminal courthouses at the center. The key insight of this Article is to reveal how integral physical courts are to carceral control and how the rise of virtual courts helps to decenter power away from judges. This Article examines the effects of online courts on defendants, lawyers, judges, witnesses, victims, and courthouse officials and offers a framework for a better and less court-centered future. By studying post-COVID-19 disruptions around traditional conceptions of place, time, …

War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

On May 24, 2022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.

Tanggung Jawab Hukum Inventor Atas Invensi Kecerdasan Buatan (Artificial Intelligence) Di Indonesia, Deslaely Putranti, Kurnia Dewi Anggraeny

Jurnal Hukum & Pembangunan

The pace of technological development can no longer be restrained until the emergence of artificial intelligence (AI) which later, turns out to have a negative impact on its application. AI is a computer system program created by humans. However, the invention of AI in one hand makes human work easier, it is also noticeable that there are several criminal cases "performed" by AI. This research is qualitative research with doctrinal research. The data used include secondary data consisting of primary, secondary and tertiary legal materials. The method of data collection is done through document study. This research concludes that the …

Criminal Confrontation Of Encrypted Digital Currencies And Artificial Intelligence Crimes Analytical Study In Egyptian And Comparative Legislation, Dr Ramy Metwally El-Kady Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The world is on the cusp of a fourth industrial revolution, which is a tsunami of technological progress that will change the details of human life, through its dependence on the Internet of Things, Blockchain and artificial intelligence applications. Criminal law, legislators and criminal justice agencies do not seem isolated from these developments, and the research aims to shed light on the fourth industrial revolution and its new tools, address blockchain technology and its link to virtual currencies and their misuse, shed light on the rules of responsibility resulting from the use of artificial intelligence applications, and shed light on …

'To Empower And Amplify Lgbtq+ Voices' 09-16-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Maternal Figures Or Aggressors: Controlling Images In Newspaper Constructions Of Police Violence Against Black Women And Men, Ashley Hollingshead

Qualitative Criminology (QC)

"In the last decade, media coverage of state-sanctioned police violence against Black women and men re-emerged. Despite campaigns that expose how Black women and men become victims of police violence, Black men’s fatalities gain more traction, garnering national outrage and calls for police reform, policy reform, and criminal justice reform (Crenshaw & Ritchie, 2015). I conduct a content analysis of 76 newspaper articles covering 24 cases of Black women and men from 2016 to determine how newspapers construct narratives of Black women and state-sanctioned violence in comparison to Black men. Newspaper articles reflect and construct differing narratives on Black women’s …

"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle

Qualitative Criminology (QC)

"The police murders of Breonna Taylor and George Floyd in the first half of 2020 sparked a powerful movement against police violence, white supremacy, and the carceral state with millions taking to the streets in the U.S. and globally. The movement coalesced around calls for police accountability, and to defund and abolish the prison industrial complex. While these calls for abolition were certainly not new, they reached national dialogues in a way not previously experienced. Although there are significant projects exploring abolition as a theory, there is not much scholarship on the specific area of the social movement that advocates …

Reclaiming Our Stories: Centering The Voices, Experiences, And Expertise Of Black, Indigenous, And Women Of Color (Biwoc) On The Carceral State (Introduction To The Special Issue), Janet Garcia-Hallett, Kanika Samuels-Wortley, Tri Keah Henry, Andrea S. Boyles

Qualitative Criminology (QC)

"This special issue of the Journal of Qualitative Criminal Justice and Criminology pays critical attention to systemic forces that impact Black, Indigenous, and Women of Color (BIWOC). It honors, respects, and reinforces the visibility of BIWOC not only as targets, survivors, activists, and community advocates relative to carceral systems, but showcases our presence as scholars with expertise across its components. In both instances, there continues to be erasure and invisibility that we hope to transform through this series. Reclaiming Our Stories takes on this challenge. This special issue highlights intersectional qualitative work, which includes articles written by BIWOC criminologists and …

One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter

Qualitative Criminology (QC)

"Overall, scholarship finds individuals have similar motivations to work in the criminal justice system. However, several studies acknowledge race and gender can influence motivations to work as justice professionals. Absent from the motivation and criminal justice profession literature is the potential role that skin tone plays. This gap is surprising as research firmly establishes people with darker skin complexions are more likely to negatively experience the criminal justice system. And thereby may find working as a criminal justice practitioner less desirable. Taken together, this raises the question, how does skin tone impact motivations to work in the justice system? To …

"I Went From Being Held Captive To Captivity Again": How The Criminal Legal System Fails Black Women And Girl Survivors Of Sex Trafficking, Cassandra Mary Frances Gonzalez

Qualitative Criminology (QC)

"Black women and girls are disproportionately arrested and incarcerated for prostitution and prostitution-related crimes while being sex trafficked. Despite laws and policies meant to discourage criminalization, Black women and girls are profiled and subjected to both interpersonal and state violence due to their victimization. This paper uses one-on-one interviews with thirteen survivors of sex trafficking and exploitation across the United States and their encounters with the criminal legal system and incarceration. Grounded in Black feminist criminology, this research analyzes the experiences of survivors as victims and as criminals. Narratives demonstrate that courts and social services were unprepared, and often unwilling, …

"Trying To Get Free": A Theoretical Centering Of Black Women's Post-Carceral Narratives Of Systemic Unfreedom, Geniece Crawford Mondé

Qualitative Criminology (QC)

"This article examines how Black justice involved mothers navigate the enduring unfreedom of post-imprisonment life. Drawing upon the analytical framework of Black Feminist Criminology (BFC), this paper argues that centering women’s narratives of unfreedom provides a context for understanding and critiquing systemic and structural oppression. Interviews with thirty-three Black formerly incarcerated mothers from two transitional organizations in New York and Massachusetts reveals how women a) Identify instances of structural oppression at the hands of the legal system and the labor market and b) Deploy individual responses that reframe their marginal status by subverting expectations of their roles as mothers and …

"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green

Qualitative Criminology (QC)

Racial and ethnic disparities within the criminal legal system have been shown to disproportionately impact Black and Latinx children. Parental incarceration is associated with emotional and psychological stresses for children, but these effects can extend beyond incarceration. Research suggests that parental incarceration is not a discrete event and problems during childhood can exacerbate throughout the life course. Yet, little is known on how challenges faced by parental incarceration transcend to adulthood. Further, an examination on the long-term effects of parental incarceration through the lens of race, ethnicity, and gender remains understudied. In order to address this gap, this study focused …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

New Approaches To Disarming Domestic Abusers, Natalie Nanasi

Villanova Law Review (1956 - )

No abstract provided.

Death By Dehumanization: Prosecutorial Narratives Of Death-Sentenced Women And Lgbtq Prisoners, Jessica Sutton, John Mills, Jennifer Merrigan, Kristin Swain

St. John's Law Review

(Excerpt)

At the core of every capital sentencing proceeding is a guarantee that before condemning a person to die, the sentencer must consider the humanity and dignity of the individual facing the ultimate sanction. This principle—that “death is . . . different” and, therefore, requires consideration of the “diverse frailties of humankind”—echoes throughout the United States Supreme Court’s Eighth Amendment jurisprudence. And yet courts are reluctant to remedy the devastating impact of prosecutorial arguments that dehumanize marginalized persons facing the death penalty, condemning these arguments while nevertheless “affirm[ing] resulting convictions based on procedural doctrines such as harmless error.”

These dehumanizing …

Expanded Criminal Defense Lawyering, Jenny Roberts, Ronald Wright

Scholarly Articles in Law Reviews & Journals

This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney’s work have expanded to …