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Full-Text Articles in Law

The Inconsistencies Of Consent, Chunlin Leonhard Dec 2022

The Inconsistencies Of Consent, Chunlin Leonhard

Catholic University Law Review

U.S. legal scholars have devoted a lot of attention to the role that consent has played in laws and judicial consent jurisprudence. This essay contributes to the discussion on consent by examining judicial approaches to determining the existence of consent in three selected areas--contracts, tort claims involving medical treatment, and criminal cases involving admissibility of confessions, from the late nineteenth century until the present. This article examines how courts have approached the basic factual question of finding consent and how judicial approaches in those areas have evolved over time. The review shows that the late 19th century saw courts ...


The Prison Mailbox Rule: Can Represented Incarcerated Litigants Benefit?, Nico Corti Dec 2022

The Prison Mailbox Rule: Can Represented Incarcerated Litigants Benefit?, Nico Corti

Fordham Law Review

In 1988, the U.S. Supreme Court created the “Prison Mailbox Rule,” which assesses the timeliness of incarcerated litigants’ filings based on the day they hand them to prison authorities. The rule reduces the structural barriers to filing while imprisoned. Although Houston v. Lack highlighted the unique challenges that pro se incarcerated litigants face, the Prison Mailbox Rule’s subsequent federal codifications did not limit its benefits to pro se litigants, despite purportedly “reflecting” the Houston decision. Federal circuit courts of appeal today are split on whether represented people in prison can benefit from the Prison Mailbox Rule, leaving both ...


Closing The Door On Permanent Incorrigibility: Juvenile Life Without Parole After Jones V. Mississippi, Juliet Liu Dec 2022

Closing The Door On Permanent Incorrigibility: Juvenile Life Without Parole After Jones V. Mississippi, Juliet Liu

Fordham Law Review

In April 2021, the U.S. Supreme Court decided Jones v. Mississippi, its latest opinion in a line of cases addressing when, if ever, a child should be sentenced to life in prison with no hope of parole or release. Although Jones purported to resolve division among lower courts over the findings that a sentencing court must make about a child defendant’s character and prospects for reform and rehabilitation, the decision will likely lead to further disagreement among courts.

This Note argues that although the Supreme Court’s jurisprudence has protected children from harsh sentences, it has also opened ...


Rappers’ Rhymes Are Not Admissions To Crimes: Eliminatingthe Unlawful Use Of Rap Lyrics Against Rappers In Criminalproceedings, Ryan J. Bennett Nov 2022

Rappers’ Rhymes Are Not Admissions To Crimes: Eliminatingthe Unlawful Use Of Rap Lyrics Against Rappers In Criminalproceedings, Ryan J. Bennett

Ohio Northern University Law Review

No abstract provided.


Penal Order A Comparative Study, Dr. Ameen Dahmash Nov 2022

Penal Order A Comparative Study, Dr. Ameen Dahmash

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Criminal courts suffer from the problem of accumulating cases and slow litigation procedures, and among the most important factors leading to this is the large number of people committing minor crimes that fall within the scope of misdemeanors and offenses. Alternatives penal order. Most of the legislations make the issuance of a criminal order in the hands of the summary judge at the request of the public prosecution. However, other legislations make issuing a criminal order the responsibility of the public prosecution instead of the judge, and this represents an addition to alternatives to a criminal case, and an improvement ...


Contracting For Academic Fraud The Concept And The Imperatives For Criminalization, ٍSafaa Otani Prof., Prof. Wael Mualla Nov 2022

Contracting For Academic Fraud The Concept And The Imperatives For Criminalization, ٍSafaa Otani Prof., Prof. Wael Mualla

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The increasing demand for higher education was a double-edged weapon. Although it resulted in undeniable positive outcome such as universities' pursuit to develop their performance as well as their academic quality standards, there were, also, undeniable abuses among students. The expansion of the Essay mills has contributed to the transformation of cheating into an industry. Many students were tempted to contract others to write and submit their university essays as their own work, resulting in the emergence of the phenomenon of "Contract cheating", which poses a serious threat to the quality and standards of higher education throughout the world.

The ...


The Competence Of The Federal Public Prosecutor And The Prosecution For Emergencies, Crises And Disasters In Accordance With The Regulation For Controlling Violations Of Precautionary Measures To Limit The Spread Of The Corona Virus (Covid 19) And With The Federal Criminal Procedure Code, Prof. Abouelwafa Ibrahim Dr. Nov 2022

The Competence Of The Federal Public Prosecutor And The Prosecution For Emergencies, Crises And Disasters In Accordance With The Regulation For Controlling Violations Of Precautionary Measures To Limit The Spread Of The Corona Virus (Covid 19) And With The Federal Criminal Procedure Code, Prof. Abouelwafa Ibrahim Dr.

UAEU Law Journal

The research focuses on the importance of the decision of the Minister of Health and Prevention to add (Covid 19) to the schedule of communicable diseases. The decision entails the issuance of administrative regulations to control the spread of (Covid19) and the strict enforcement of Federal Criminal Code

The research discusses the problematic legal basis for delegating the power to the Federal Public Prosecutor to determine violations of the precautionary measures imposed to limit the spread of the Corona virus (Covid 19).) and to decide the value of the fines against the violations of the precautionary measures

It also examines ...


The Competence Of The Federal Public Prosecutor And The Prosecution For Emergencies, Crises And Disasters In Accordance With The Regulation For Controlling Violations Of Precautionary Measures To Limit The Spread Of The Corona Virus (Covid 19) And With The Federal Criminal Procedure Code, Prof. Abouelwafa Ibrahim Dr. Nov 2022

The Competence Of The Federal Public Prosecutor And The Prosecution For Emergencies, Crises And Disasters In Accordance With The Regulation For Controlling Violations Of Precautionary Measures To Limit The Spread Of The Corona Virus (Covid 19) And With The Federal Criminal Procedure Code, Prof. Abouelwafa Ibrahim Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The research focuses on the importance of the decision of the Minister of Health and Prevention to add (Covid 19) to the schedule of communicable diseases. The decision entails the issuance of administrative regulations to control the spread of (Covid19) and the strict enforcement of Federal Criminal Code

The research discusses the problematic legal basis for delegating the power to the Federal Public Prosecutor to determine violations of the precautionary measures imposed to limit the spread of the Corona virus (Covid 19).) and to decide the value of the fines against the violations of the precautionary measures

It also examines ...


Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe Nov 2022

Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe

Dignity: A Journal of Analysis of Exploitation and Violence

Child sexual abuse is a global problem and is prevalent in South Africa. Child sexual abuse significantly harms the victims. This study looked at child sexual abuse prevention, focusing on the community, school system, and social workers. A mixed methods research method was used. Data were collected from 115 questionnaire respondents, of which 15 in-depth interview participants were selected. The sample was selected using purposive sampling and stratified random sampling techniques. Low reporting of incidents is hindering the effective response to child sexual abuse. The study revealed the significant role parents and community members could play in preventing child sexual ...


High Time For Change: The Legalization Of Marijuana And Its Impact On Warrantless Roadside Motor Vehicle Searches, Molly E. O'Connell Oct 2022

High Time For Change: The Legalization Of Marijuana And Its Impact On Warrantless Roadside Motor Vehicle Searches, Molly E. O'Connell

Washington and Lee Law Review Online

The proliferation of marijuana legalization has changed the relationship between driving and marijuana use. While impaired driving remains illegal, marijuana use that does not result in impairment is not a bar to operating a motor vehicle. Scientists have yet to find a reliable way for law enforcement officers to make this distinction. In the marijuana impairment context, there is not a scientifically proven equivalent to the Blood Alcohol Content standard nor are there reliable roadside assessments. This scientific and technological void has problematic consequences for marijuana users that get behind the wheel and find themselves suspected of impaired driving. Without ...


Treatment Court Program Evaluation In A Mid-Sized Oregon County, Omar Melchor-Ayala, Vivian Djokotoe Oct 2022

Treatment Court Program Evaluation In A Mid-Sized Oregon County, Omar Melchor-Ayala, Vivian Djokotoe

Faculty Research Publications (All Departments)

The analysis revealed that males who spent more days in the program and who were arrested less often had the best chances of successfully completing the program.

Only ‘Program Status’ and ‘Days in the Program’ predicted the odds of being arrested post-program. Those who completed and/or spend more days in the program are arrested less often after leaving the program.

Being arrested while in the program stood out as a common occurrence and as a significant predictor of program failure. More than half of all participants were arrested and spent some time in jail while in the program. Although ...


A Not-So-Clean Slate: A Progress Report Of Pa’S Automated Record Sealing Law, Matt B. Saboe, Tekia Huger-Burton Oct 2022

A Not-So-Clean Slate: A Progress Report Of Pa’S Automated Record Sealing Law, Matt B. Saboe, Tekia Huger-Burton

Sustainability Research & Practice Seminar Presentations

Professor Matt B. Saboe, Economics and Finance, and Tekia Huger-Burton - A Not-So-Clean Slate: A Progress Report of PA’s Automated Record Sealing Law


The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker Oct 2022

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 ...


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

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

Life of the Law School (1993- )

No abstract provided.


Resurrecting Arbitrariness, Kathryn E. Miller Oct 2022

Resurrecting Arbitrariness, Kathryn E. Miller

Articles

What allows judges to sentence a child to die in prison? For years, they did so without constitutional restriction. That all changed in 2012’s Miller v. Alabama, which banned mandatory sentences of life without parole for children convicted of homicide crimes. Miller held that this extreme sentence was constitutional only for the worst offenders—the “permanently incorrigible.” By embracing individualized sentencing, Miller and its progeny portended a sea change in the way juveniles would be sentenced for serious crimes. But if Miller opened the door to sentencing reform, the Court’s recent decision in Jones v. Mississippi appeared to ...


The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim Oct 2022

The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim

Fordham Law Review

Although perjury is a criminal offense in all states and a felony in many, law enforcement may routinely lie to suspects during interrogations. This widespread, judicially authorized practice consists of interrogators making false promises of leniency that the suspect will receive a lighter sentence in exchange for a confession, and making misrepresentations about the evidence against the suspect. Police deception in interrogations becomes even more problematic when used against juvenile suspects because the psychological vulnerability of minors may lead them to succumb to deceptive pressures and even to falsely confess.

This Note explores the debate surrounding the use of police ...


Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, Gideon Parchomovsky Oct 2022

Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, Gideon Parchomovsky

Faculty Scholarship at Penn Carey Law

Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between the two legal fields, they differ in their treatment of collaborations. While tort law divides liability among joint-tortfeasors, criminal law abides by a no-division rule that imposes on each co-offender the full brunt of the sanction. Thus, each of two offenders who jointly steal $1,000, will be subject to the full corresponding penalty (rather than the divided penalty for stealing $500).

This Article demonstrates that in property and financial crimes, the no-division regime of criminal law ...


Sentencing After Stash Houses: Addressing Manipulation Of The Federal Sentencing Guidelines, Elizabeth Foy Gudgel Oct 2022

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 ...


Are Child Sex Offenders Truly Predators? Proposed Change To The Minnesota Legislature Requiring Mandatory Sex Offender Registration For Juveniles, Mackenzie Sedlack Oct 2022

Are Child Sex Offenders Truly Predators? Proposed Change To The Minnesota Legislature Requiring Mandatory Sex Offender Registration For Juveniles, Mackenzie Sedlack

University of St. Thomas Law Journal

No abstract provided.


Does Brady Apply To Supervised Release Revocation Hearings?, Alex Breindel Oct 2022

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 Oct 2022

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 ...


Decarceration's Inside Partners, Seema Tahir Saifee Oct 2022

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 ...


Embracing Crimmigration To Curtail Immigrant Detention, Pedro Gerson Oct 2022

Embracing Crimmigration To Curtail Immigrant Detention, Pedro Gerson

UC Irvine Law Review

Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises ...


Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman Oct 2022

Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus ...


Police Vehicle Searches And Racial Profiling: An Empirical Study, Griffin Edwards, Stephen Rushin Oct 2022

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. But ...


Abolition, And A Mule: Guest Lecturer In Race And The Foundations Of American Law Course 09-28-2022, Paul Butler, Roger Williams University School Of Law Sep 2022

Abolition, And A Mule: Guest Lecturer In Race And The Foundations Of American Law Course 09-28-2022, Paul Butler, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Criminal Confrontation Of Encrypted Digital Currencies And Artificial Intelligence Crimes Analytical Study In Egyptian And Comparative Legislation, Dr Ramy Metwally El-Kady Dr. Sep 2022

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 ...


The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdulaziz Al-Hassan Dr. Sep 2022

The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdulaziz Al-Hassan Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding.

Through the ...


Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate Sep 2022

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes Sep 2022

Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes

Master of Laws Research Papers Repository

Following the introduction of the Safe Streets and Communities Act, mandatory minimum penalties (MMPs) were greatly expanded in Canadian criminal law. This expansion has been controversial, particularly in the context of drug crime. Through the lens of proposed legislation, Bill C-5, this paper presents the arguments both for and against the use of MMPs in the Controlled Drugs and Substances Act, with a particular focus on their potential to produce cruel and unusual punishment. Ultimately, this paper argues that, on account of their many downfalls, MMPs should have no place in Canadian drug law.