Digital Commons Network^™

Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan

Faculty Scholarship

An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing the previously intended offense. However, the same regime may induce offenders to initiate criminal plans more often by reducing the expected costs associated with such plans. The former effect is called the marginal deterrence effect and the latter is called the ex-ante deterrence effect of the abandonment defense. This Article formalizes a …

Alaska Department Of Corrections: Post-Conviction Incarcerated Population, 2005–2014, Khristy Parker

AJSAC Fact Sheet

This fact sheet presents data on post-conviction incarcerated populations in both in-state or out-of-state institutions supervised by Alaska Department of Corrections (DOC) from 2005–2014. The Fact Sheet focuses on post-conviction incarcerated populations by crime classifications and crime categories overall and within gender. This fact sheet does not include pretrial populations or populations supervised by the Alaska Department of Corrections (DOC) in non-institutional programs.

I Got A Name, Denny Dennison

Arrow Rock

No abstract provided.

Does The Punishment Fit The Crime?: A Comparative Note On Sentencing Laws For Murder In England And Wales Vs. The United States Of America, Megan Elizabeth Tongue

Missouri Law Review

This Note explores the differences between the American legal system’s sentencing procedures for murder with the procedures of England and Wales. This Note attempts to determine how this divide occurred and whether the two countries chose the appropriate way to sentence their murderers. In particular, this Note focuses on England’s and Wales’s lack of degrees of murder and the United States’ practice of plea bargaining. Part II discusses the history of American and English criminal law and how these countries similarly evolved from their origins to the late nineteenth century. Part III explores modern criminal law theory progressing from the …

Reverse Broken Windows, Christopher R. Green

Journal of Legal Education

No abstract provided.

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal of Legal Education

No abstract provided.

Moral Shock And Legal Education, Susan A. Bandes

Journal of Legal Education

No abstract provided.

Teaching "Ferguson", Chad Flanders

Journal of Legal Education

No abstract provided.

Teaching Movements, Scott L. Cummings

Journal of Legal Education

No abstract provided.

A Reader's Guide To Pre-Modern Procedure, David L. Noll

Journal of Legal Education

No abstract provided.

Reporting And Protecting Students From Child Abuse, Charles J. Russo

Educational Leadership Faculty Publications

A tragic reality of American life is that a significant number of children are abused and neglected, even killed, by the hands of their parents and caregivers. In fact, 2013 data from the Centers for Disease Control and Prevention reveal that 678,932 incidents of child abuse and neglect were reported to Child Protective Services (CPS) nationally, with about 27% of those cases involving youngsters under the age of three (CDC 2015).

Moreover, the CDC noted that the CPS data suggest that their reports may underestimate the occurrences of child abuse and neglect. That same report estimates that about 1,520 children …

No Employment Protection For Medical Marijuana Users, Liana Abreu

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Alternative Courts And Drug Treatment: Finding A Rehabilitative Solution For Addicts In A Retributive System, Molly K. Webster

Fordham Law Review

    Sentencing drug crimes and treating drug-addicted defendants often stem from contradictory theories of punishment. In the late twentieth century, courts traded rehabilitation for retributive ideals to fight the “War on Drugs.” However, beginning with the Miami-Dade Drug Court, treatment and rehabilitation have returned to the forefront of sentencing policy in traditional and alternative drug courts.

    Jurisdictions have implemented a variety of policies designed to treat addiction as opposed to punishing it. Community courts, such as the Red Hook Community Justice Center in Brooklyn, New York, community-panel drug courts, such as the Woodbury County Community Drug Court in Iowa, and Hawaii’s …

The Uncomfortable Truths And Double Standards Of Bribery Enforcement, Mike Koehler

Fordham Law Review

    In recent years, Foreign Corrupt Practices Act (FCPA) enforcement has become a top priority for the U.S. government, and government enforcement officials have stated that “we in the United States are in a unique position to spread the gospel of anti-corruption” and that FCPA enforcement ensures not only that the United States “is on the right side of history, but also that it has a hand in advancing that history.”

    However, the FCPA is not the only statute in the federal criminal code concerning bribery. Rather, the FCPA was modeled in large part after the U.S. domestic bribery statute, and …

The Victims' Court? A Study Of 622 Victim Participants At The International Criminal Court, Stephen Cody, Eric Stover, Mychelle Balthazard, Alexa Koenig

Suffolk University Law School Faculty Works

When the International Criminal Court (ICC) was created in 1998, its founders hailed it as a “victims’ court,” one that would give survivors of mass atrocity an influential voice in the administration of justice. In the nearly two decades since its establishment, thousands of victims have been registered as “victim participants,” and thousands more have applied to the court for acceptance. However, there is now widespread agreement, both inside and outside of the court, that the ICC victim participation programs need reform. Court staff and outside observers have argued that current levels of outreach, care, and support are inadequate and …

Left For Dead, Mckenzie Fletcher

Student Projects

This is geared towards those in Criminal Justice, Anthropology majors, and those killed with unknown reasons and killers. It represents that over though someone is dead/decomposed that what is left of them will tell their story.

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

University of Richmond Law Review

No abstract provided.

Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell

Journal of Legal Education

No abstract provided.

Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar

Journal of Legal Education

No abstract provided.

Improving The Network Scale-Up Estimator: Incorporating Means Of Sums, Recursive Back Estimation, And Sampling Weights, Patrick Habecker, Kirk Dombrowski, Bilal Khan

Department of Sociology: Faculty Publications

Researchers interested in studying populations that are difficult to reach through traditional survey methods can now draw on a range of methods to access these populations. Yet many of these methods are more expensive and difficult to implement than studies using conventional sampling frames and trusted sampling methods. The network scale-up method (NSUM) provides a middle ground for researchers who wish to estimate the size of a hidden population, but lack the resources to conduct a more specialized hidden population study. Through this method it is possible to generate population estimates for a wide variety of groups that are perhaps …

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

Fordham Law Review

    Although the law of bribery may look profoundly underinclusive, the push to expand it usually should be resisted. This Article traces the history of two competing concepts of bribery—the “intent to influence” concept (a concept initially applied only to gifts given to judges) and the “illegal contract” concept. It argues that, when applied to officials other than unelected judges, “intent to influence” is now an untenable standard. This standard cannot be taken literally. This Article defends the Supreme Court’s refusal to treat campaign contributions as bribes in the absence of an “explicit” quid pro quo and its refusal to read …

Do You Know Where Your Children Are? Caylee's Law And A Parent's Fifth Amendment Privilege Against Self-Incrimination, Daniela Catrocho

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Gubernatorial Party Affiliation And Crime, Chase Lindsey

Honors Capstones

No abstract provided.

An Administrative Jurisprudence: The Rule Of Law In The Administrative State, Kevin M. Stack

Vanderbilt Law School Faculty Publications

This Essay offers a specification of the rule of law's demands of administrative law and government inspired by Professor Peter L. Strauss's scholarship. It identifies five principles'authorization, notice, justification, coherence, and procedural fairness which provide a framework for an account of the rule of law's demands of administrative governance. Together these principles have intriguing results for the evaluation of administrative law. On the one hand, they reveal rule-of-law foundations for some contested positions, such as a restrictive view of the President's power to direct subordinate officials and giving weight to an agency's determination of the scope of its own authority. …

Class Notes

DePaul Magazine

Class notes for fall 2015, including a short article of Professor Emeritus Alexander Davis celebrating his 100th birthday, alumni event recaps, and DePaul Pride and photos.

Introduction, Stephen C. Ferruolo

San Diego Law Review

When Lynne Lasry, President of the Law Alumni Board, suggested we celebrate the 60th anniversary of the University of San Diego School of Law with a public program on Brown v. Board of Education, which was decided on May 17, 1954, just a month after the law school welcomed its first class in April 1954, I enthusiastically endorsed the idea. However, I have to admit that I did not foresee just how fitting commemorating these two milestones would become and what a significant opportunity it would be to both celebrate what our law school has achieved in its relatively short …

Enforcing Immigration Equity, Jason A. Cade

Scholarly Works

Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical responsibility in enforcement officials to implement rigid immigration rules in a normatively defensible way, primarily through the use of prosecutorial discretion. This Article contextualizes recent executive enforcement actions within this scheme and argues that the Obama Administration’s targeted use of limited enforcement resources and implementation of initiatives such as Deferred Action for …

Formalizing The Plea Bargaining Process After Lafler And Frye, Sabrina Mirza

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Teaching "Ferguson", Chad Flanders

All Faculty Scholarship

What we now refer to simply as "Ferguson" erupted in August of 20T4 and immediately raised a cluster o f legal issues. What crime had Michael Brown allegedly committed? Did Officer Darren Wilson commit a crime when he shot at Brown? Protests ensued, and they in turn inspired a police response, a response that seemed to many more violent than the protests themselves. What of the First Amendment rights o f the protesters and o f the journalists covering them? What laws were they-protestors and some journalists-supposedly breaking?¹

As the days and weeks passed, the legal issues multiplied, and …