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Full-Text Articles in Law

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose Jun 2023

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis Jun 2022

Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis

University of Arkansas at Little Rock Law Review

No abstract provided.


Think Again: The Thought Crime Doctrine And The Limits Of Criminal Law, Jordan Wallace-Wolf Jan 2021

Think Again: The Thought Crime Doctrine And The Limits Of Criminal Law, Jordan Wallace-Wolf

Faculty Scholarship

According to the thought crime doctrine, neither beliefs nor intentions may be subject to criminal punishment. The doctrine is widely endorsed, but puzzling in its scope. Beliefs have a free speech credential: they play a straightforward role in the sincere exchange of ideas. Moreover, they are harmless, in the specific sense that they do not aim at action and so not at lawbreaking. But intentions are otherwise. They do not necessarily further the exchange of ideas and they may aim at wrongful, illegal conduct.

So why should the thought crime doctrine categorically protect them in addition to beliefs? Why not …


Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley Dec 2020

Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles Oct 2020

Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles

University of Arkansas at Little Rock Law Review

No abstract provided.


Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan Sep 2020

Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan

Faculty Scholarship

Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings, reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …


Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming Apr 2020

Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe Jan 2020

Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—Rush To Judgment: Arkansas's Troubling Interpretation Of Dna Statutory Law, Michael Pollock Apr 2019

Criminal Law—Rush To Judgment: Arkansas's Troubling Interpretation Of Dna Statutory Law, Michael Pollock

University of Arkansas at Little Rock Law Review

No abstract provided.


All Eyez On Me': America's War On Drugs And The Prison-Industrial Complex, André Douglas Pond Cummings Sep 2018

All Eyez On Me': America's War On Drugs And The Prison-Industrial Complex, André Douglas Pond Cummings

Faculty Scholarship

In 1971, President Richard Nixon named drug abuse as “public enemy number one” in the United States. Since that time, an explicit “War on Drugs” has dominated the political imagination of the United States. Since declaring a War on Drugs, domestic incarceration rates have exploded, particularly in the African-American and Latino populations. Politicians such as Nixon, Barry Goldwater, and Nelson Rockefeller each advocated for harsh drug laws and severe criminal sanctions because they argued a strong correlation existed between drug addiction and crime. These claims have dominated legislative enactments since the 1970s, virtually ignoring those who argue that drug addiction …


Outlier: Iran And Its Use Of The Death Penalty, Ahmed Shaheed, Faraz Sanei Aug 2018

Outlier: Iran And Its Use Of The Death Penalty, Ahmed Shaheed, Faraz Sanei

Faculty Scholarship

For several years now the right to life has been under heavy assault in the Islamic Republic of Iran. The country has followed a familiar but troubling pattern regarding the use of the death penalty. It has consistently ranked second in the world in the number of executions carried out (behind China), and first in executions per capita. More recently, the upward trend in executions that began in 2010-11 has reached alarming levels not seen in more than two decades. In 2015, alone, human rights organisations tracking the number of executions in Iran documented at least 966 executions, with over …


Reforming Policing, André Douglas Pond Cummings Jul 2018

Reforming Policing, André Douglas Pond Cummings

Faculty Scholarship

Law enforcement killing of unarmed black men and police brutality visited upon minority citizens continues to confound the United States. Despite protests, clarion calls for reform, admitted training shortcomings and deficiencies among U.S. law enforcement officers, conferences, summits, and movements to reform policing, the solution to ending undisciplined police violence and the hostile killings of unarmed minority individuals at the hands of U.S. police seems to elude us. Why should this be? The United States is home to some of the most creative, innovative, pathmarking, and course-changing thinkers the world has ever known. This challenge — police killing of unarmed …


When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry Oct 2017

When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry

The Journal of Appellate Practice and Process

No abstract provided.


When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey Oct 2017

When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.


Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith Oct 2017

Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon Oct 2017

Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—A Formal Exercise Of Governmental Corruption: Applying The “Stream Of Benefits” Theory To The Federal Bribery Statute. Mcdonnell V. United States, 136 S. Ct. 2355 (2016)., Taylor Williams Oct 2017

Criminal Law—A Formal Exercise Of Governmental Corruption: Applying The “Stream Of Benefits” Theory To The Federal Bribery Statute. Mcdonnell V. United States, 136 S. Ct. 2355 (2016)., Taylor Williams

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Fourth Amendment Search And Seizure—We've Got Ourselves In A Pickle: The Supreme Court Of Arkansas's Recent Expansion Of Fourht Amendment Rights May Have Unintended Consequences. Pickle V. State, 2015 Ark. 286, 466 S.W. 3d 410, Ben Honaker Jan 2017

Constitutional Law—Fourth Amendment Search And Seizure—We've Got Ourselves In A Pickle: The Supreme Court Of Arkansas's Recent Expansion Of Fourht Amendment Rights May Have Unintended Consequences. Pickle V. State, 2015 Ark. 286, 466 S.W. 3d 410, Ben Honaker

University of Arkansas at Little Rock Law Review

No abstract provided.


Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant Jan 2017

Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.


Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan Jan 2017

Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

A mentally-impaired accused who cannot comprehend the nature of the proceedings or assist his counsel in presenting his defense to the criminal charge cannot be tried as a matter of due process of law. In Jackson v. Indiana, 1 the United States Supreme Court held that due process concerns also bar the never-ending jeopardy resulting from an inability to restore an impaired accused to competence for purposes of proceeding to trial. When an Arkansas circuit court ordered the dismissal of pending criminal charges against an impaired accused who could not be restored to fitness for trial, the Arkansas Supreme Court, …


Criminal Law—When Apples Tatse Like Oranges, You Cannot Judge A Book By Its Cover: How To Fight Emerging Synthetic "Designer" Drugs Of Abuse, Andrew Payne Norwood Jan 2017

Criminal Law—When Apples Tatse Like Oranges, You Cannot Judge A Book By Its Cover: How To Fight Emerging Synthetic "Designer" Drugs Of Abuse, Andrew Payne Norwood

University of Arkansas at Little Rock Law Review

No abstract provided.


The First Amendment And The Police In The Digital Age, Kermit V. Lipez Oct 2016

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello Jun 2016

Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello

Faculty Scholarship

A saner and safer prison policy in the United States begins by ending the scourge of the private prison corporation and returning crime and punishment to public function. We continue by radically reimagining our sentencing policies and reducing them significantly for non-violent crimes. We end the War on Drugs, once and for all, and completely reconfigure our drug and prison policy by legalizing and regulating marijuana use and providing health services to addicts of harder drugs and using prison for only violent drug kingpins and cartel bosses. We stop the current criminalization of immigration in its tracks and block the …


Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller Oct 2015

Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller

The Journal of Appellate Practice and Process

No abstract provided.


Criminal Law—Sentencing Juveniles—Where Do We Go From Here? Mandatory Sentencing And Retroactive Application Post-Miller. Miller V. Alabama, 132 S. Ct. 2455 (2012)., Nikki Morris Jan 2015

Criminal Law—Sentencing Juveniles—Where Do We Go From Here? Mandatory Sentencing And Retroactive Application Post-Miller. Miller V. Alabama, 132 S. Ct. 2455 (2012)., Nikki Morris

University of Arkansas at Little Rock Law Review

No abstract provided.


Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler Oct 2014

Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler

The Journal of Appellate Practice and Process

No abstract provided.


Criminal Law—Human Trafficking—Arkansas’S Human Trafficking Laws: Steps In The Right Direction Or A False Sense Of Accomplishment?, Mary Ward Oct 2014

Criminal Law—Human Trafficking—Arkansas’S Human Trafficking Laws: Steps In The Right Direction Or A False Sense Of Accomplishment?, Mary Ward

University of Arkansas at Little Rock Law Review

No abstract provided.


Crapping Out With Crime Statistics, Robert Steinbuch Oct 2013

Crapping Out With Crime Statistics, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan Jan 2013

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Crapping Out With Crime Statistics, Robert Steinbuch Jan 2013

Crapping Out With Crime Statistics, Robert Steinbuch

Faculty Scholarship

No abstract provided.