Digital Commons Network^™

Study On The Implementation Of The Regulations Of Terrorism Activities In Social Media, Angga Dewanto Basari, Muhammad Syauqillah, Asep Usman Ismail

Journal of Strategic and Global Studies

The legal scope of the Terrorism Law and the Information and Electronic Transactions Law in Indonesia is considered as lacking to cover the problem of cybercrime in social media. Aside from literature review, this paper is also supported by data from direct interview with the Head of Counterterrorism Special Detachment 88 (Densus 88 AT) of Indonesian National Police. The data found out that the Terrorism Law is a repressive response towards terrorism crimes that have already occured, but less preventive to future crimes. The existence of laws in Indonesia is often one step behind its crime. The difference of perception …

The Failure To Grapple With Racial Capitalism In European Constitutionalism, Fernanda Giorgia Nicola Dr.

Working Papers

Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …

Do Gun Policies Really Protect Women? A Cross-National Test Of The Relationship Between Gun Regulations And Female Homicide Victimization, Janet Stamatel, Kathleen Ratajczak, Robert Hoekstra

Sociology Faculty Publications

Globally, firearms are the most frequent means of committing homicide with young males most likely to be victimized with guns. However, within the context of intimate partner violence and family violence, females’ risk of lethal gun violence rises significantly, supporting the need to pay more attention to firearms to reduce lethal VAW. One way to protect women from firearm violence within the private sphere is to regulate access to guns based on the risk of family violence. This study examines the extent to which gun availability and gun regulations affect lethal violence against women in a relatively large sample of …

Determining Intellectual Disability In Death Penalty Cases: A State-By-State Analysis, Jennifer Laprade, John L. Worrall

Journal of Criminal Justice and Law

In Moore v. Texas (2017), the U.S. Supreme Court ruled that Texas death penalty definitions of intellectual disability were inadequate because they strayed too far from clinical definitions. This study examines how each state defines intellectual disability with regard to death penalty eligibility. It reveals a wide variation in the standards used by states, with no clear consensus on definitions of intellectual disability or who should measure it. Variations pertain to age at onset, proof of intellectual disability status at the time of the crime, burden of proof required to make the intellectual disability determination, and who makes the final …

The Science Of Deception Detection: A Literature And Policy Review On Police Ability To Detect Lies, Jillian R. Yarbrough

Journal of Criminal Justice and Law

Humans have a strong “truth” default, meaning that when processing incoming information, they will passively believe statements made by others. However, idle acceptance can put people at risk for deception (Levine, 2019). Research shows that 60% of people lie during a typical 10-minute conversation (Bradberry, 2017). Considering the pervasiveness of lying, it is easy to recognize deception as a challenge for individuals involved in law enforcement because they are expected to distinguish between truth and lies daily. If deception detection is an essential component of law enforcement, are techniques available that law enforcement can apply during interrogations to improve the …

An Analysis On Whether An Accounting Background Lays The Foundation For A Successful Transition Into Law School, Christopher M. Chimienti

Honors Capstones

The purpose of this paper is to analyze how an undergraduate degree in accountancy will assist in the study of law. To accomplish this, the paper looks at the course curriculum of a Northern Illinois University Accountancy major and the first year required courses in three law schools of varying rankings. Then, the skills and knowledge taught in each curriculum will be compared to see if there is any overlap. To supplement this analysis, I will host interviews with professional lawyers and law teachers who will give descriptions of the skills needed in everyday work. In addition to this analysis, …

Structuring The Debate About Research Ethics In The Psychology And Law Field: An International Perspective, Alfred Allan

Research outputs 2014 to 2021

Forensic psychologists’ role is well established, and they are rightly well regulated because their decisions and behaviour can have a significant impact on people’s rights and interests. Their ethical integrity, however, partly hinges on the psycholegal research products (data, methods and instruments) that they and others use. The ethical regulation of researchers who produce products and their research processes is, however, fragmented, limited and narrow and largely focuses on domestic research. Relatively few scholars have examined the regulation of psycholegal research or commented on the ethical implications of recent court decisions. The purpose of this paper is to start a …

Impartiality: A Comparison Of Legal Processes In The United States And Italy, Robert Borden

Undergraduate Honors Theses

This thesis examines the constitutional guarantees of impartiality granted in both the United States and Italian constitutions. Aided by the presentation of these two constitutional legal systems, this paper will attempt to break apart the elements of each system and point out key differences. By pointing out the differences in these systems including variations in their founding documents, the structure of the courts, the role of the judges, the role of the advocates, and the role of other key players, this paper will show that while individual cases in both countries are exposed to multiple biases throughout the legal process, …

The Lawyer: Spring 2020, Seattle University School Of Law

Lawyer

No abstract provided.

Criminal Justice Bias: Fact Or Fiction, Hiba Mobarak

Quest

Objective Analysis

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

The following paper represents work produced by a student in an Introduction to Criminal Justice course at Collin College. The paper is an objective analysis of prominent research regarding potential police biases and how officers’ decisions may be influenced by a suspect’s race. The topic of racial bias within policing is quite controversial, as evidenced by the community protests, media coverage, and destruction that has ensued after officer-involved shootings. This assignment asks students to objectively review scholarly research on police bias and constructively criticize …

Department Of History News, Georgia Southern University

History: News & Publications

• History Dept. to host panel on Race, Law, and Justice

School Of Law Annual Report 2019, Singapore Management University

SMU Corporate Reports

It is my pleasure to present you the SMU School of Law’s Annual Report for 2019. This Report highlights all the exciting things that the School has done and the achievements of our faculty members, students and alumni in the past year. As a Law School, our mission is to produce meaningful and impactful research, provide relevant legal training to our students, and apply our expertise to serve the community

Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee

St. Thomas Law Review

This Article will argue for the abandonment of the current criminal justice system as it relates to drug offenses and for its replacement with a medical model to address the healthcare problem of addiction. The medical model approach calls for complete decriminalization of all controlled substances coupled with better rehabilitation and reintegration policies. This Article argues the criminalization of drugs has targeted minorities under the guise of keeping communities safe. It will look at the differences between the United States and Portugal, a country that has implemented the medical model, while also analyzing recent legislation in the United States addressing …

Transnational Punitive And Compensatory Damages: Villains Or Role Models?, Attilio M. Costabel

St. Thomas Law Review

This Article concludes that the purpose and the scale of the American punitive damages and compensatory damages alike should not be disparaged as excesses of a society spoiled by exaggerated wealth; instead, they should be seen as a model for valuing the universal integrity of human life, while not depending on technicalities of international forum shopping.

Redefining The Crisis On Childhood – Investigation Through Amending Of The Juvenile Act (1949) In Japan From The 1990s Into The Next Century, Yoshie Udagawa

CGU Theses & Dissertations

Childhood presents various images associated with words such as ephemerality, vulnerability, innocence, extraordinariness, immaturity, growth, energy, and hopefulness; yet childhood is an invented concept, which does not provide concrete or fixed implications of what a child is or what the being of a child is. Age is set as a rough standard for the adult- child distinction in legal systems. In Japan, the idea of childhood has been discussed with the age of adulthood in the civil code and juvenile law after 2000. The legal age of adulthood had been 20 for almost 150 years. In the civil code, the …

Celest Newsletter, Issue 4, 2020, Faculty Of Law University Of Malaya

Archival Material (2020s)

No abstract provided.

Equality Is A Brokered Idea, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …

Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood

Pitzer Senior Theses

Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …

The Defender General, Daniel Epps, William Ortman

Law Faculty Research Publications

No abstract provided.

Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …

Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor

Faculty Scholarship

In 1958, Bruce Boynton was arrested for ordering food in a Whites-Only diner and charged with criminal trespass. Sixty years later, African Americans continue to face arrest and threat of arrest in commercial establishments based on discriminatory trespass claims. When store owners or employees decide to exclude would-be patrons from their establishment for discriminatory reasons, both overt and implicit, they rely on the police to enforce this form of discrimination. This article considers the legacy of Boynton v. Virginia, particularly the resonance of Boynton’s unaddressed claim, that the state enforcement of discriminatory trespass allegations is an Equal Protection …

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such …

Ai Report: Humanity Is Doomed. Send Lawyers, Guns, And Money!, Ashley M. London

Law Faculty Publications

AI systems are powerful technologies being built and implemented by private corporations motivated by profit, not altruism. Change makers, such as attorneys and law students, must therefore be educated on the benefits, detriments, and pitfalls of the rapid spread, and often secret implementation of this technology. The implementation is secret because private corporations place proprietary AI systems inside of black boxes to conceal what is inside. If they did not, the popular myth that AI systems are unbiased machines crunching inherently objective data would be revealed as a falsehood. Algorithms created to run AI systems reflect the inherent human categorization …

2019 Foreign And International Legislative Review, Daryane Couto

Animal Law Review

This Review offers a review of foreign and international animal protection legislation enacted or proposed in the year 2019. Included are propositions by categorically international actors, such as CITES and the UN, for regulating international wildlife trade and drafting a high-seas conservation treaty. Additionally, this Review reports how some countries, such as Slovakia, Colombia, and the United Kingdom, are finally putting an end to cruel, archaic animal practices. Finally, the recognition of animal sentience in the Australian Capital Territory, and legislation that closes the gap in Canada’s Criminal Code, are addressed. Together, these changes in foreign and international animal law …

2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger

Animal Law Review

This Review examines the significant changes and additions to different states’ laws throughout 2019. Among those significantly affected by these changes are farm animals, wildlife, and companion animals. ‘Ag-Gag’ and ‘Right to Farm’ bills began to flourish, but opponents have seen success in challenging their constitutionality. Wild animals found protection in fur and trapping bans, in addition to bans on killing contests. Companion animals continue to gain legal and physical protection through strengthened cruelty laws. These are a few of the many bills, regulations, and laws that impacted animals in 2019. Although some protections and regulations have seen cuts and …

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez

Faculty Scholarship

Law and Society research in and about Latin America has been particularly beneficial in elucidating the gap between the ideals of racial equality laws in the region and the actual subordinated status of its racialized subjects. Some of the recurrent themes in the race-related literature have been: the limits of the Latin American emphasis on criminal law to redress discriminatory actions; the limits of multicultural constitutional reform for full political participation; the insufficiency of land reform and recognition of ethnic communal property titles; and the challenges to implementing race conscious public policies such as affirmative action. Especially illuminating have been …

Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus

Faculty Scholarship

For seventy years, Puerto Ricans have been bitterly divided over how to decolonize the island, a U.S. territory. Many favor Puerto Rico’s admission into statehood. But many others support a different kind of relationship with the United States: they believe that in 1952, Puerto Rico entered into a “compact” with the United States that transformed it from a territory into a “commonwealth,” and they insist that “commonwealth” status made Puerto Rico a separate sovereign in permanent union with the United States. Statehood supporters argue that there is no compact, nor should there be: it is neither constitutionally possible, nor desirable …

Linked Fate: Justice And The Criminal Legal System During The Covid-19 Pandemic, Susan P. Sturm, Faiz Pirani, Hyun Kim, Natalie Behr, Zachary D. Hardwick

Faculty Scholarship

The concept of “linked fate” has taken on new meaning in the face of the COVID-19 pandemic. People all over the world – from every walk of life, spanning class, race, gender, and nationality – face a potentially deadly threat requiring cooperation and sacrifice. The plight of the most vulnerable among us affects the capacity of the larger community to cope with, recover, and learn from COVID-19’s devastating impact. COVID-19 makes visible and urgent the need to embrace our linked fate, “develop a sense of commonality and shared circumstances,” and unstick dysfunctional and inequitable political and legal systems.

Nowhere is …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 24, Issue 3.