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Criminal Law

2021

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Full-Text Articles in Law

Corruption In University Admissions And The Administrative Allocation Of Scarce Goods, L. Burke Files, Roger E. Meiners, Andrew P. Morriss Dec 2021

Corruption In University Admissions And The Administrative Allocation Of Scarce Goods, L. Burke Files, Roger E. Meiners, Andrew P. Morriss

BYU Law Review

The Varsity Blues investigation uncovered a seamy side of university admissions. Multiple wealthy parents were indicted for securing their children s admission to selective institutions through bribery. Despite the publicity the indictments and guilty pleas received, and the public schadenfreude over the sight of celebrities being arrested, the investigation is most notable for what it did not do: it did not deploy the federal government's arsenal of anti-money laundering and anti-corruption tools against the universities involved. This represents a significant missed opportunity to address the serious problems that arise from rationing access to selective institutions via opaque, easily manipulated admissions …


مبدأ الضرورة العسكرية، وانتهاكات قواعد القانون الدولي الإنساني دراسة تطبيقية على مخالفة "إسرائيل" لمبدأ الضرورة العسكرية خلال حرب (مايو2021م)., إياد محمد أبو مصطفى ماجستير Dec 2021

مبدأ الضرورة العسكرية، وانتهاكات قواعد القانون الدولي الإنساني دراسة تطبيقية على مخالفة "إسرائيل" لمبدأ الضرورة العسكرية خلال حرب (مايو2021م)., إياد محمد أبو مصطفى ماجستير

Journal of Al-Azhar University – Gaza (Humanities)

الملخص :

إنَّ التسليم بالاستناد إلى حالة الضرورة أثناء النزاعات المسلحة، كاستناد يُخرج سلوك المقاتل عن التصرفات المسموح بها أصبح أمرًا معترفًا به، غير أنَّ تجريد هذه الحالة من الشروط اللازمة لأعمالها، والضوابط الواجبة لتقييدها خاصة قيدي: "التناسب، والتمييز" أمر لا يمكن السماح به مهما كانت الظروف والمتغيرات الحاصلة في تطوير العلاقات بين الدول، ويُعدُّ هذا المبدأ متغيرًا بطبيعته غير القابلة للضبط أو التحديد بشكل واضح، الأمر الذي جعل هذا المبدأ ذريعة لدى الدول لانتهاك قواعد القانون الدولي الإنساني؛ ومن أهمها: دولة الاحتلال التي قامت بانتهاكه ومخالفة شروطه، وعدم مراعاة قيوده خلال حرب (مايو 2021م) على قطاع غزة.

وخَلُص البحث …


The Role Of The Palestinian Community Reconciliation Committee As A Model For Transitional Justice In Achieving National Reconciliation, Issam Husni Alatrash Dec 2021

The Role Of The Palestinian Community Reconciliation Committee As A Model For Transitional Justice In Achieving National Reconciliation, Issam Husni Alatrash

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The aim of this study was identifying the role of the Palestinian Community Reconciliation Committee as a model for transitional justice in achieving the national reconciliation. This study focused on achieving this goal through three axes: the obstacles encountering the Community Reconciliation Committee, the mechanisms of the Community Reconciliation Committee and support and enhancements of the Community Reconciliation Committee. The researcher used the analytical descriptive approach describing the phenomenon of the study in addition to conducting a field study to identify the role of the Community Reconciliation Committee in achieving the national reconciliation by designing a questionnaire and taking the …


Submission Of Amicus Curiae Observations In The Case Of The Prosecutor V. Dominic Ongwen, Erin Baines, Kamari M. Clarke, Mark A. Drumbl Dec 2021

Submission Of Amicus Curiae Observations In The Case Of The Prosecutor V. Dominic Ongwen, Erin Baines, Kamari M. Clarke, Mark A. Drumbl

Scholarly Articles

The important questions laid out by the Appeals Chamber in this case highlight the need for the proper delineation and interplay between mental illness and criminal responsibility under international law. Specifically, this case represents a watershed moment for the Appeals Chamber to set a framework for adjudicating mental illness in the context of collectivized child abuse and trauma. This is especially true for former child soldiers who occupy both a victim and alleged perpetrator status.


Amicus Curiae Observations By Public International Law & Policy Group, Milena Sterio, Michael P. Scharf, Paul R. Williams Dec 2021

Amicus Curiae Observations By Public International Law & Policy Group, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The amicus brief argues that in a case where the defendant alleges a ground excluding criminal responsibility (an affirmative defense), such as mental illness or duress, the defendant has an evidentiary burden to produce some evidence to support his/her claim of mental illness or duress, but that the prosecution retains the legal burden of proof to establish the defendant's responsibility beyond reasonable doubt.

“This ruling will have repercussions for future cases where the defendant asserts a mental illness or duress affirmative defense. Depending on how the ICC decides, future defendants will have to meet a specific evidentiary (or legal) burden …


Innocent Until Suspected Guilty, Rebekah Durham Dec 2021

Innocent Until Suspected Guilty, Rebekah Durham

University of Cincinnati Law Review

No abstract provided.


Challenging Solitary Confinement Through State Constitutions, Alison Gordon Dec 2021

Challenging Solitary Confinement Through State Constitutions, Alison Gordon

University of Cincinnati Law Review

Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the known harms associated with the practice. The two-part test established by the federal courts to evaluate Eighth Amendment claims and limitations on challenging prison conditions under the Prison Litigation Reform Act can make it difficult to establish that solitary confinement is cruel and unusual punishment.

State constitutional challenges to solitary confinement are underexplored. Nearly all state constitutions contain an equivalent provision to the Eighth Amendment’s prohibition on cruel and unusual punishment. State courts need not be bound by federal jurisprudence in interpreting the scope of the state …


The High Price Of Poverty In Arkansas’S Courts: Rethinking The Utility Of Municipal Fines And Fees, Madison Miller Dec 2021

The High Price Of Poverty In Arkansas’S Courts: Rethinking The Utility Of Municipal Fines And Fees, Madison Miller

Arkansas Law Review

The opposite of poverty is not wealth. It is justice. Beginning in the 1980s, a "trail of tax cuts" led to budget shortfalls and revenue gaps throughout the United States. These budgetary problems resulted in many cities and towns shifting their burden of funding courts and the justice system at large "to the 'users' of the courts, including those least equipped to pay." Although "jailing an indigent person for a fine-only, low-level offense is unconstitutional," it is still an ongoing practice in many states, including Arkansas. In 1995, Arkansas passed new legislation to govern its circuit courts' collection and enforcement …


The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli Dec 2021

The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli

Washington and Lee Law Review Online

If a rape victim becomes pregnant following the attack, she has three options: abort the pregnancy, place the child for adoption, or keep and raise the child. However, by requiring proof of conviction of rape to terminate the parental rights of the man who fathered that child through his rape, the Commonwealth of Virginia imposes a substantial burden on a victim weighing those options. To obtain a conviction under the current scheme, a victim, through her local prosecutor, has to prove to a jury that the accused committed the rape beyond a reasonable doubt. The Commonwealth requires proof of conviction …


Current Complications In The Law On Myths And Stereotypes, Lisa Dufraimont Dec 2021

Current Complications In The Law On Myths And Stereotypes, Lisa Dufraimont

Articles & Book Chapters

Myths and stereotypes represent an ongoing problem in Canadian sexual assault trials. Often, and paradigmatically, defence lawyers and trial judges rely on discredited sexist assumptions to the prejudice of female sexual assault complainants. However, a review of the recent appellate case law reveals many cases that do not fit this paradigm. Complications that have arisen include stereotypes about men or accused persons, legitimate defence arguments misidentified as stereotypes, close cases where reasonable people disagree about whether stereotypes have been invoked, and prejudicial forms of reasoning based other axes of discrimination. This paper surveys these developments and assesses an attempt by …


Life Without Parole Is Replacing The Death Penalty -- But For Those Who Don’T Have The Possibility Of Parole, Their Future Is Bleak., Jessica Lerner Dec 2021

Life Without Parole Is Replacing The Death Penalty -- But For Those Who Don’T Have The Possibility Of Parole, Their Future Is Bleak., Jessica Lerner

Capstones

Across the country, life sentences are increasingly being used to replace the death penalty, according to a recent study by The Sentencing Project. Nearly 162,000 people are serving life sentences – one out of every nine in prison, the study found – and for those like Darrell Powell, who don’t have the possibility of parole, their future is bleak.

https://jlerner.exposure.co/life-without-parole-is-replacing-the-death-penalty?source=share-jlerner


Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla Dec 2021

Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla

University of Miami Inter-American Law Review

46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …


Qualitative Leveraging Natural Language Processing To Establish Judge Incrimination Statistics To Educate Voters In Re-Elections, Aurian Ghaemmaghami, Paul Huggins, Grace Lang, Julia Layne, Robert Slater Dec 2021

Qualitative Leveraging Natural Language Processing To Establish Judge Incrimination Statistics To Educate Voters In Re-Elections, Aurian Ghaemmaghami, Paul Huggins, Grace Lang, Julia Layne, Robert Slater

SMU Data Science Review

The prevalence of data has given consumers the power to make informed choices based off reviews, ratings, and descriptive statistics. However, when a local judge is coming up for re-election there is not any available data that aids voters in making data-driven decision on their vote. Currently court docket data is stored in text or PDFs with very little uniformity. Scaling the collection of this information could prove to be complicated and tiresome. There is a demand for an automated, intelligent system that can extract and organize useful information from the datasets. This paper covers the process of web scraping …


Covid-19, Human Rights And Public Health In Prisons: A Case Study Of Nova Scotia’S Experience During The First Wave Of The Pandemic, Adelina Iftene Dec 2021

Covid-19, Human Rights And Public Health In Prisons: A Case Study Of Nova Scotia’S Experience During The First Wave Of The Pandemic, Adelina Iftene

Dalhousie Law Journal

The importance of preventing outbreaks in prisons during a pandemic, such as COVID-19, cannot be overstated. The risk of the infection spreading rapidly once inside these institutions is much higher than in the community, due to the underlying vulnerabilities of prison populations and the congregated living nature of prisons. This article documents the Nova Scotia provincial prison system’s experience in dealing with COVID-19 during the first wave, including its uniquely swift decarceration efforts. One goal of this investigation is to identify a set of best practices that can help Canadian prisons systems with their short-term responses to crisis in a …


Prosecutorial Supervisions Of The Implementation Of Anti-Torture Legislation: An Analysis Of International Law And National Legislation, Barno Kadirova Dec 2021

Prosecutorial Supervisions Of The Implementation Of Anti-Torture Legislation: An Analysis Of International Law And National Legislation, Barno Kadirova

ProAcademy

This article examines the analysis of national legislation and international law on the prevention of torture and other cruel, inhuman or degrading treatment or punishment, international standards, principles of responsibility and the improvement of prosecutorial control over the implementation of anti-torture legislation. In addition, the role of prosecutorial oversight in the prevention of torture is based on the views of legal scholars and practitioners, as well as appeals to the prosecutor's office by the Prosecutor General's Office about illegal actions by law enforcement officers and torture by the Supreme Court. Information on criminal cases on torture is provided. The author …


Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun Dec 2021

Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.


Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway Dec 2021

Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …


Procedural Order Of Carrying Out Expertise On Criminal Cases, Istam Rustamovich Astanov Dec 2021

Procedural Order Of Carrying Out Expertise On Criminal Cases, Istam Rustamovich Astanov

ProAcademy

Production of expertise on a scene in parallel with its survey in most cases is impossible for the reasons of procedural character: inspection of a scene is, as a rule, performed before initiation of legal proceedings that doesn't allow the investigator before making decision on its excitement to appoint expertise. At the same time to reveal signs of a crime and to fix traces it according to law requirements sometimes happens it is simply impossible without carrying out expert research. It was the cause of statement by us of a question of possibility of purpose of expertise before initiation of …


United States V. Garner: From Speeding Ticket To Drug Bust- Highlighting The Necessity Of An Alternative Approach To Analyzing Traffic Stop Extensions, Rocco Beltrami Dec 2021

United States V. Garner: From Speeding Ticket To Drug Bust- Highlighting The Necessity Of An Alternative Approach To Analyzing Traffic Stop Extensions, Rocco Beltrami

Villanova Law Review

No abstract provided.


Legal Nature, Historical Developments Of Expertise And Comparative Analysis Of The Legislation Of Foreign Countries, Astanov Istam Rustamovich, Astanov Shuxrat Rustamovich Dec 2021

Legal Nature, Historical Developments Of Expertise And Comparative Analysis Of The Legislation Of Foreign Countries, Astanov Istam Rustamovich, Astanov Shuxrat Rustamovich

ProAcademy

This article is About expertise on criminal affairs is the separate give special status a type of the expertise, different carrying out research from the person possessing special knowledge. Expertise on criminal affairs differs from other types of expertise by that it is appointed and carried out according to strictly and precisely established Code of criminal procedure rather. The part second of article 153 Criminal Procedure Code of Moldova, devote interrogation the expert, consolidates norm on which it is forbidden to make interrogation before submission of the expert opinion and its studying. Fixing of such rule in part the second …


Johnson V. Superintendent Fayette Sci: Severing Ties With Pronoun Substitutions In Bruton Cases, Aubrey Link Dec 2021

Johnson V. Superintendent Fayette Sci: Severing Ties With Pronoun Substitutions In Bruton Cases, Aubrey Link

Villanova Law Review

No abstract provided.


Non-Consensual Condom Removal In Canadian Law Before And After R. V. Hutchinson, Lise Gotell, Isabel Grant Dec 2021

Non-Consensual Condom Removal In Canadian Law Before And After R. V. Hutchinson, Lise Gotell, Isabel Grant

Dalhousie Law Journal

This paper examines the phenomenon of non-consensual condom removal (NCCR) and its relationship to sexual assault in Canada. Using empirical studies and the insights of feminist theory, we explore the nature of the harms caused by NCCR and contend that this pervasive practice constitutes sexual assault. We then critique the decision of R v Hutchinson, which held that condom sabotage does not negate subjective consent, ignoring the dignitary harms of NCCR. While lower court decisions before Hutchinson recognized that consent to sex with a condom does not include consent to sex without, courts after Hutchinson have struggled to distinguish the …


Suspicionless Policing, Julian A. Cook Dec 2021

Suspicionless Policing, Julian A. Cook

Scholarly Works

The tragic death of Elijah McClain—a twenty-three-year-old, slightly built, unarmed African American male who was walking home along a sidewalk when he was accosted by three Aurora, Colorado police officers—epitomizes the problems with policing that have become a prominent topic of national conversation. Embedded within far too many police organizations is a culture that promotes aggressive investigative behaviors and a disregard for individual liberties. Incentivized by a Supreme Court that has, over the course of several decades, empowered the police with expansive powers, law enforcement organizations have often tested—and crossed—the constitutional limits of their investigative authorities. And too often it …


Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples Dec 2021

Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples

Journal of Law and Policy

Criminal justice reform is elusive in the United States. Despite evidence that the system is broken, change remains ephemeral at best. This is partially attributable to the fact that most attempts to reform the criminal legal system have occurred through the political process. However, another method of criminal justice reform is to assist communities as they address the root causes of crime. Undergirding this approach is the belief that building stronger communities contributes to less crime and reduces recidivism. After seizing $250 million via prosecutions of financial crimes in 2016, the New York County District Attorney’s Office created a “first-of-its-kind” …


Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede Dec 2021

Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede

Brooklyn Journal of International Law

The Gulf of Guinea (GoG) is an enormous and diverse region consisting of approximately 6,000 km of coastline extending from Senegal to Angola. It is a maritime area of strategic importance because it is resource-rich with hydrocarbons, fish and other resources. Also, it is important as a vital maritime transit hub. Unlike certain other shipping lanes that have been identified as chokepoints, the GoG, because of its width, is not susceptible to blockades and major shipping accidents. Previously the maritime (in)security in the GoG had not received the same high-profile attention from the international community as the situation in the …


Hong Kong’S Extradition Bill: Implications & Ramifications, Grace Wang Dec 2021

Hong Kong’S Extradition Bill: Implications & Ramifications, Grace Wang

Brooklyn Journal of International Law

Since June 2019, millions of people in Hong Kong protested against the proposed extradition bill, which would permit the HKSAR government to extradite anyone residing, visiting, or passing through Hong Kong to mainland China with which it has no formal extradition agreement with. This Note will argue that the proposed extradition bill not only created a legal loophole in the existing system by removing legislative scrutiny and judicial oversight, but also violated international human rights law in light of mainland China’s record of serious human rights violation. Instead, the HKSAR and PRC governments should cooperate to create an impartial special …


Mental Illness In The Criminal Justice System: Erasing The Stigma On A Global Scale, Jennifer Rabbino Dec 2021

Mental Illness In The Criminal Justice System: Erasing The Stigma On A Global Scale, Jennifer Rabbino

Brooklyn Journal of International Law

Mental illness has long been misunderstood and severely stigmatized worldwide. For several hundred years, rather than offering prompt and proper treatment, most countries treated mental illness by isolating patients from society. Moreover, that ill treatment remains to this day, with over 90% of the developing world's population living with a mental illness completely untreated and legal systems the world over struggling with how best to treat mentally ill defendants fairly. This Note will scrutinize and compare the treatment of the mentally ill defendants in Western and African nations. It will then focus on the legal systems in Uganda and Ghana …


High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi Dec 2021

High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi

Brooklyn Journal of International Law

Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, …


Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane Dec 2021

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …


Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker Dec 2021

Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker

Brooklyn Journal of International Law

Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …