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Full-Text Articles in Law

The Law And Politics Of Ransomware, Asaf Lubin Oct 2022

The Law And Politics Of Ransomware, Asaf Lubin

Articles by Maurer Faculty

What do Lady Gaga, the Royal Zoological Society of Scotland, the city of Valdez in Alaska, and the court system of the Brazilian state of Rio Grande do Sul all have in common? They have all been victims of ransomware attacks, which are growing both in number and severity. In 2016, hackers perpetrated roughly four thousand ransomware attacks a day worldwide, a figure which was already alarming. By 2020, however, ransomware attacks reached a staggering number, between 20,000 and 30,000 per day in the United States alone. That is a ransomware attack every eleven seconds, each of which cost victims …


Police Killings As Felony Murder, Guyora Binder, Ekow Yankah Aug 2022

Police Killings As Felony Murder, Guyora Binder, Ekow Yankah

Journal Articles

The widely applauded conviction of officer Derek Chauvin for the murder of George Floyd employedthe widely criticized felony murder rule. Should we use felony murder as a tool to check discriminatory and violent policing? The authors object that felony murder—although perhaps the only murder charge available for this killing under Minnesota law—understated Chauvin’s culpability and thereby inadequately denounced his crime. They show that further opportunities to prosecute police for felony murder are quite limited. Further, a substantial minority of states impose felony murder liability for any death proximately caused by a felony, even if the actual killer was a police …


"Serving Time And It's No Longer A Crime: An Analysis Of The Proposed Cannabis Administration And Opportunity Act, Its Potential Effects At The Federal And State Level, And A Guide For Practical Application By Local Government", R. Allyce Bailey Jul 2022

"Serving Time And It's No Longer A Crime: An Analysis Of The Proposed Cannabis Administration And Opportunity Act, Its Potential Effects At The Federal And State Level, And A Guide For Practical Application By Local Government", R. Allyce Bailey

University of the District of Columbia Law Review

There has been much recent discussion surrounding cannabis use with some researchers supporting the use of medical marijuana, some investors relishing in the recently booming cannabis and CBD industry, and some states decriminalizing marijuana and even harsh controlled substances. As it appears, at least some public opinion is changing regarding marijuana, but the law has not effectively caught up to that change. Bias in the criminal justice system has led to the over-policing of, higher conviction rates, and harsher sentences for minorities. Thus, the decriminalization of marijuana alone does not remedy the grave disproportionate negative effects on populations of color …


The Pathological Whiteness Of Prosecution, India Thusi Jun 2022

The Pathological Whiteness Of Prosecution, India Thusi

Articles by Maurer Faculty

Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship’s focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention racial bias in the criminal legal system and mass incarceration, the lexical descendent of overcriminalization. However, the scholarship often fails to consider the roles Whiteness and White supremacy play as the underlying logics and norms driving much of the bias in the system.

This Article examines the ways that Whiteness …


Reconceiving Coercion-Based Criminal Defenses, Stephen R. Galoob, Erin Sheley Jan 2022

Reconceiving Coercion-Based Criminal Defenses, Stephen R. Galoob, Erin Sheley

Journal of Criminal Law and Criminology

Coercing someone is sometimes wrong and sometimes a crime. People subject to coercion are sometimes eligible for criminaldefenses, such as duress. How, exactly, does coercion operate in such contexts? Among legal scholars, the predominant understanding of coercion is the “wrongful pressure” model, which states that coercion exists when the coercer wrongfully threatens the target and, as a result of this threat, the target is pressured to act in accordance with the coercer’s threat. Some tokens of coercion do not fit neatly within existing legal categories or the wrongful pressure model of coercion. For example, coercive control is a psychological phenomenon …


Freedom To Morph? An Analysis Of Morphed Imagery, Child Pornography, And The First Amendment, Katie H. Jung Jan 2022

Freedom To Morph? An Analysis Of Morphed Imagery, Child Pornography, And The First Amendment, Katie H. Jung

Catholic University Journal of Law and Technology

This article examines the current law related to child pornography and how it leaves a gap for morphed imagery to flourish. The jurisprudence in this area is insufficient to keep up with the changing technology which allows children to be portrayed in morphed imagery and argues that this should not fall within First Amendment protection. The Supreme Court has made it clear that protecting children is an exceedingly important interest and that traditional child pornography falls outside of what was traditionally considered to be protected First Amendment speech. This article argues that the Circuit Split, should the Supreme Court take …


Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction Jan 2022

Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction

Florida A & M University Law Review

Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …


Confrontation’S Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman Nov 2021

Confrontation’S Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman

Texas A&M Law Review

The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes that require multiple analysts, should the prosecution be required to produce …


The Continuing And Unlawful Exclusion Of Qualified Ex-Offenders From Jury Service In Ohio, Jordan Berman Jul 2021

The Continuing And Unlawful Exclusion Of Qualified Ex-Offenders From Jury Service In Ohio, Jordan Berman

Akron Law Review

Whether an Ohioan with a felony conviction can be considered for jury service may well depend on where he or she lives in the state or the judge presiding at trial, rather than the dictates of Ohio law. By statute, Ohio permits those with felony convictions to serve on juries upon the completion of any parole or community control sanctions that may have been imposed. This article is not concerned with this settled law but rather the dramatic unevenness of its implementation, as Ohio courts of common pleas, and even individual judges, vary widely in whether they abide by or …


Necrophilia: A New Social-Harm Taxonomy Of U.S. Laws, Kim D. Ricardo May 2021

Necrophilia: A New Social-Harm Taxonomy Of U.S. Laws, Kim D. Ricardo

William & Mary Journal of Race, Gender, and Social Justice

Despite five decades marked by progressive rape law reform...there has been little significant change in the rate of rape crimes. In fact, 2018 marked the sixth successive year in which the rate of rapes rose. In rape trials, prosecutors and defense attorneys struggle with the notion of consent. What does consent look like? That is, how do we know when sex happens with the participants’ mutual willingness, free from undue coercion?

It is against this backdrop that I began my research on necrophilia. Following Catharine MacKinnon’s criticism of the now-prevailing consent model of rape law, I began to wonder what …


Seeing Color: America's Judicial System, Elizabeth Poulin May 2021

Seeing Color: America's Judicial System, Elizabeth Poulin

Senior Honors Projects

In many eyes, it often seems as though being white in America is easy, or a privilege. Being white in America is considered a safety blanket, with an abundance of opportunities beneath it. Yet, how does a physical difference such as skin color manifest itself as privilege? Noticing color is not wrong, hateful, or oppressive. Even children notice color, and we define them as the ultimate innocence. But in fact, skin color is often a trigger. When the world has preconceived notions about people of color, an oppressive system designed to harm people who have never done anything to deserve …


Plea Bargains: Justice For The Wealthy And Fear For The Innocent, Emily Stauffer Apr 2021

Plea Bargains: Justice For The Wealthy And Fear For The Innocent, Emily Stauffer

Brigham Young University Prelaw Review

The Supreme Court has consistently recognized the hardships of the poor in the criminal justice system and has set a precedent that if a person cannot afford access to any level of the criminal justice system, the state must remove that financial barrier. Prosecutorial tactics in the plea-bargaining process coerce the poor into waiving their right to trial. The unequal access to trial between the poor and non-poor violates the Fourteenth Amendment, which requires that states remove any barrier that restricts the poor from the criminal justice system. The Court has left the states to decide which solutions will work …


Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani Feb 2021

Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani

UAEU Law Journal

The aim of this study is to highlight the problem of divergence between the principles established in the legal conscience related to minimizing state intervention in enforcing punishment, and the current expansion of the Criminal Law. This problem caused contemporary jurisprudence to sound the alarm that the consequences will be serious, and there is an urgent need to draw new boundaries for the criminal policy under which the Criminal Law operates. Rationalization of punishment is one of the guiding principles which advocate non-excessive use of punitive means to achieve social control, and the pursuit of alternative ways of fighting crimes …


Problematic Of Implicit Cancellation Of Criminal Legal Texts (In Light Of The Principles Of Legality And Validity Of The Penal Provisions In Terms Of Time), Omar Abdul Majid Mosbih Feb 2021

Problematic Of Implicit Cancellation Of Criminal Legal Texts (In Light Of The Principles Of Legality And Validity Of The Penal Provisions In Terms Of Time), Omar Abdul Majid Mosbih

UAEU Law Journal

This study deals with the problem of implicit cancellation of the criminal texts (in light of the principles of legality and effectiveness of the criminal rule in terms time); the study is divided to two sections: first, the general principles of rules pertaining to the implicit cancellation of the criminal texts and in section II: the impact of implicit cancellation rule on legislative and judicial policy. We show that legislative basis should distance itself from the lack of precision, which is the product of the current understanding of the idea of cancellation as the more apparent idea and determines the …


When Is Police Interrogation Really Police Interrogation? A Look At The Application Of The Miranda Mandate, Paul Marcus Feb 2021

When Is Police Interrogation Really Police Interrogation? A Look At The Application Of The Miranda Mandate, Paul Marcus

Catholic University Law Review

Decades after the Supreme Court’s decision in Miranda v. Arizona, questions abound as to what constitutes interrogation when a suspect is in custody. What appeared a concise, uniform rule has, in practice, left the Fifth Amendment waters muddied. This article addresses a potential disconnect between law enforcement and the courts by analyzing examples of issues arising from Miranda’s application in an array of case law. Ultimately, it attempts to clarify an ambiguity by offering a standard for what conduct classifies as an interrogation.


Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page Jan 2021

Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page

Journal Publications

We have come a mighty long way in our criminal justice system. We have gone from a period of time when people of African descent were not considered humans and were deliberately excluded from serving on jury panels to seeing Black judges, defense attorneys and prosecuting attorneys taking part in selecting more diverse juries. Progress has been made, but how far have we really journeyed, and are the vestiges of racial animus and discrimination from the Jim Crow era truly eradicated? One need not look further than the current criminal trial we are witnessing of former Minneapolis police officer Derek …


The Toxic Crusaders: Exploring The History Of The Criminal Enforcement Of The Toxic Substances Control Act, Joshua Ozymy, Melissa L. Jarrell Jan 2021

The Toxic Crusaders: Exploring The History Of The Criminal Enforcement Of The Toxic Substances Control Act, Joshua Ozymy, Melissa L. Jarrell

Mitchell Hamline Law Journal of Public Policy and Practice

The criminal prosecution of defendants who violated federal laws governing chemical substances has been ongoing for roughly four decades. Yet we continue to have a poor understanding of how federal prosecutors use the U.S. Toxic Substances Control Act (TSCA) to charge and prosecute environmental criminals. Through content analysis of all the Environmental Protection Agency’s (EPA) criminal prosecution case summaries from 1983 to 2019, we analyze all TSCA-focused prosecutions for two purposes. First, to gain a better historical understanding of how federal prosecutors have used TSCA as a prosecutorial tool. Second, to understand outcomes of those prosecutions. Results show that 38% …


Duress In Immigration Law, Elizabeth A. Keyes Jan 2021

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …


No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin Jan 2021

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over …


Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit Jan 2021

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Journal Articles and Book Chapters

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …


Surveillance And The Tyrant Test, Andrew Ferguson Jan 2021

Surveillance And The Tyrant Test, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

How should society respond to police surveillance technologies? This question has been at the center of national debates around facial recog- nition, predictive policing, and digital tracking technologies. It is a debate that has divided activists, law enforcement officials, and academ- ics and will be a central question for years to come as police surveillance technology grows in scale and scope. Do you trust police to use the tech- nology without regulation? Do you ban surveillance technology as a manifestation of discriminatory carceral power that cannot be reformed? Can you regulate police surveillance with a combination of technocratic rules, policies, …


Othering Across Borders, Steven Arrigg Koh Jan 2021

Othering Across Borders, Steven Arrigg Koh

Faculty Scholarship

Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.


United States V. Herman, Tyler Wilkerson Jan 2021

United States V. Herman, Tyler Wilkerson

NYLS Law Review

No abstract provided.


The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano Jan 2021

The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano

NYLS Law Review

No abstract provided.


Criminal Trespass And Computer Crime, Laurent Sacharoff Nov 2020

Criminal Trespass And Computer Crime, Laurent Sacharoff

William & Mary Law Review

The Computer Fraud and Abuse Act (CFAA) criminalizes the simple act of trespass upon a computer—intentional access without authorization. The law sweeps too broadly, but the courts and scholars seeking to fix it look in the wrong place. They uniformly focus on the term “without authorization” when instead they should focus on the statute’s mens rea. On a conceptual level, courts and scholars understand that the CFAA is a criminal law, of course, but fail to interpret it comprehensively as one.

This Article begins the first sustained treatment of the CFAA as a criminal law, with a full elaboration of …


The Case Against Prosecuting Refugees, Evan J. Criddle Nov 2020

The Case Against Prosecuting Refugees, Evan J. Criddle

Faculty Publications

Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.

This Article shows that Congress has not authorized …


Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad Oct 2020

Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad

Library Philosophy and Practice (e-journal)

The purpose of this research paper is to present a quantitative analysis of the Criminal Law Literature published from 2010 to 2019.

Design/Methodology: The Institute of Scientific Information (ISI) Web of Science database was used as a source for extracting the data of published documents during the period 2010-2019. The analysis of the published literature was based on the following indicators: research productivity of each country, annual publications, annual citations, highly cited articles, highly cited law journals, most productive institutions in the field of criminal law, and most prolific authors. Research articles, conference proceeding papers, book reviews and editorials …


Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss Oct 2020

Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss

Seattle University Law Review SUpra

At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.

In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …


Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh Sep 2020

Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh

Research Collection Yong Pung How School Of Law

Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court’s process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be …


Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis Jul 2020

Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

No abstract provided.