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Criminal Law

Criminal law

2018

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Full-Text Articles in Law

Liablity For Legalization Of Incomes Obtained From The Proceeds Of The Offences In International Law Acts And Legislation Of Foreign Countries, F.M. Fazilov Dec 2018

Liablity For Legalization Of Incomes Obtained From The Proceeds Of The Offences In International Law Acts And Legislation Of Foreign Countries, F.M. Fazilov

Review of law sciences

This article the author analyzes the issues of responsibility for the legalization of income derived from criminal activity in international legal acts and legislation of foreign countries. The legalization of proceeds derived from criminal activities is a criminal socially dangerous act representing imparting a lawful type to the origin of money or other property by transferring or exchanging it, non-disclosure or concealment of the true nature, source, location, method disposition, movement, rights with respect to money or other property or its accessories if money or other assets derived from criminal activity.


The Ad Hoc Federal Crime Of Terrorism: Why Congress Needs To Amend The Statute To Adequately Address Domestic Extremism, Nathan Carpenter Nov 2018

The Ad Hoc Federal Crime Of Terrorism: Why Congress Needs To Amend The Statute To Adequately Address Domestic Extremism, Nathan Carpenter

St. John's Law Review

(Excerpt)

This Note argues that Congress should add such crimes to the list specified in the federal crime of terrorism statute and amend the statute’s intent requirement. This will allow the Department of Justice to more adequately use its resources to address the growing prevalence of hate groups, increase investigatory capabilities, and emphasize the threat posed by such groups. Part I explores the current federal crime of terrorism and analyzes how various terrorism-related cases are adjudicated. Part II introduces the prevailing threat of political extremists operating within the United States and shows that they should no longer be placed in …


Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol Nov 2018

Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol

Neil L Sobol

Incarceration is a family problem—more than 2.7 million children in the United States have a parent in jail or prison. It adversely impacts family relationships, financial stability, and the mental health and well-being of family members. Empirical research shows that communications between inmates and their families improve family stability and successful reintegration while also reducing the inmate’s incidence of behavioral issues and recidivism rates. However, systemic barriers significantly impact the ability of inmates and their families to communicate. Both traditional and newly developed technological communication tools have inherent advantages and disadvantages. In addition, private contracting of communication services too often …


Fall 2017 Symposium: The Challenge Of Crime In A Free Society: Fifty Years Later, Roger Fairfax Nov 2018

Fall 2017 Symposium: The Challenge Of Crime In A Free Society: Fifty Years Later, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

My longstanding interest in the Johnson Crime Commission traces back to my earlier scholarly work on the history of criminal law reform movements, going back to the progressive criminal justice reform agenda in the early twentieth century and the activities of private law-reform coalitions and government-sponsored crime commissions during the interwar period, including the Wickersham Commission and the American Law Institute's various model code projects. This research eventually led me to the Johnson Commission, the subject of this Symposium.


Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle Nov 2018

Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle

Loyola of Los Angeles Law Review

No abstract provided.


A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson Oct 2018

A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson

All Faculty Scholarship

It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all mental or emotional disturbances, whenever the offender’s situation and capacities meaningfully reduce the offender’s blameworthiness for the violation. In determining eligibility for mitigation, the jury should take into account (a) the extent to which the offender was acting under the influence of mental or emotional disturbance (the psychic state inquiry), (b) given the offender’s situation and capacities, the extent to which one …


Smart Devices In Criminal Investigations: How Section 8 Of The Canadian Charter Of Rights And Freedoms Can Better Protect Privacy In The Search Of Technology And Seizure Of Information, Lee-Ann Conrod Oct 2018

Smart Devices In Criminal Investigations: How Section 8 Of The Canadian Charter Of Rights And Freedoms Can Better Protect Privacy In The Search Of Technology And Seizure Of Information, Lee-Ann Conrod

LLM Theses

This thesis examines the jurisprudence from the Supreme Court of Canada (SCC) on informational privacy under section 8 of the Canadian Charter of Rights and Freedoms as it relates to searches of technology in the context of criminal investigations. The development and use of technology in criminal investigations will be detailed along with an overview of the current state of the law in this area. Challenges with the interpretation of section 8 demonstrate a prevalent uncertainty. This thesis proposes a new approach for the SCC to apply to cases where technology intersects with section 8 of the Charter. The proposal …


The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad Sep 2018

The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad

San Diego International Law Journal

To conclude on this issue, the rights of others, as individuals and as a whole, are formulated as the social protected interest that criminal law seeks to protect through criminal means, and it is with these rights that criminal law theory should be concerned in the first level of scrutiny. However, in the second level of scrutiny, an additional set of rights are brought into play; these are the rights of the individual, namely the actor, to exercise their constitutional rights e.g., free speech, liberty, free exercise of religion. The second level of scrutiny requires balancing those rights with the …


“Collusion” And The Criminal Law, Robert M. Sanger Sep 2018

“Collusion” And The Criminal Law, Robert M. Sanger

Robert M. Sanger

The journalistic use of the term “collusion” in the air; it might be a good time for a refresher. This article will make an effort to cover the general framework of federal crimes in which a potential target (i.e., a would be defendant if a case were filed) had a guilty mind but did not directly do the ultimate act. Looked upon from the “collusion” perspective, it is a situation where a person did something with others in which some illegal result was attempted or accomplished by some or all of the participants. Broadly construed, inchoate crimes would include attempt, …


Sex Offender Civil Commitment To Prison Post-Kingsley, Arielle W. Tolman Sep 2018

Sex Offender Civil Commitment To Prison Post-Kingsley, Arielle W. Tolman

Northwestern University Law Review

Today, an estimated 5400 people are civilly committed under state and federal sex offender programs. This Note surveys these civil commitment regimes and finds that seventeen jurisdictions (sixteen states and the federal government) have enacted legislative schemes that authorize the indefinite civil detention of people charged with, or previously convicted of, sex offenses to prisons or prison-like facilities—often for their entire lives. By charting the pervasiveness of sex offender civil commitment to prison, this Note provides new evidence that these sex offender civil commitment statutes are, in fact, punitive and, therefore, unconstitutional. Moreover, this Note argues that the Supreme Court’s …


Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol Aug 2018

Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol

Faculty Scholarship

Incarceration is a family problem—more than 2.7 million children in the United States have a parent in jail or prison. It adversely impacts family relationships, financial stability, and the mental health and well-being of family members. Empirical research shows that communications between inmates and their families improve family stability and successful reintegration while also reducing the inmate’s incidence of behavioral issues and recidivism rates. However, systemic barriers significantly impact the ability of inmates and their families to communicate. Both traditional and newly developed technological communication tools have inherent advantages and disadvantages. In addition, private contracting of communication services too often …


A New Philosophy In The Supreme Court, Robert M. Sanger Aug 2018

A New Philosophy In The Supreme Court, Robert M. Sanger

Robert M. Sanger

This is a positive article about the soon-to-be-newlyminted United States Supreme Court. No, this is not written by a guest columnist and, yes, the present author still holds progressive views regarding criminal justice. Assuming the Supreme Court and other branches of government continue to function – even if in less than an optimal fashion – we, as lawyers, have to work with what we have. We have a conservative Supreme Court with, presumably, conservative principles, and that is with which we must work. One of the characteristics often seen in individual Supreme Court Justices is the tendency to rise above …


Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol Jul 2018

Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol

Neil L Sobol

Although media and academic sources often describe mass incarceration as the primary challenge facing the American criminal justice system, the imposition of criminal justice debt may be a more pervasive problem. On March 14, 2016, the Department of Justice (DOJ) requested that state chief justices forward a letter to all judges in their jurisdictions describing the constitutional violations associated with the illegal assessment and enforcement of fines and fees. The DOJ’s concerns include the incarceration of indigent individuals without determining whether the failure to pay is willful and the use of bail practices that result in impoverished defendants remaining in …


Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol Jul 2018

Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol

Neil L Sobol

On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …


Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol Jul 2018

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Neil L Sobol

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …


Against Shaming: Preserving Dignity, Decency, And A Moral-Educative Mission In American Schools, Amanda Harmon Cooley Jun 2018

Against Shaming: Preserving Dignity, Decency, And A Moral-Educative Mission In American Schools, Amanda Harmon Cooley

St. John's Law Review

(Excerpt)

While there has been an extensive amount of scholarly discourse regarding the propriety of shaming as a criminal sanction, there has been almost no critical discussion about the validity of shaming punishments as disciplinary measures in schools. This Article is designed to initiate this needed dialogue by arguing for the cessation of school shaming through a legal theory lenses. To accomplish this objective, Part I of this Article provides a definitional foundation of shaming punishments. Part II of the Article presents the normative rejection of school shaming, which is grounded in both legal punishment theory and educational theory. It …


Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, Eve Hanan Jun 2018

Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, Eve Hanan

Washington and Lee Law Review Online

Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards’ central argument in The Professional Prospectus: A Call for Effective Professional Disclosure that attorneys should provide potential clients with a prospectus disclosing their performance historyapplies to criminal defense. I reject the proposition that most people …


Cook's Field Guide To Prosecution In Georgia, Alan A. Cook Jun 2018

Cook's Field Guide To Prosecution In Georgia, Alan A. Cook

Books

In this practical guidebook former district attorney and director of the University of Georgia's School of Law Prosecutorial Justice Program Alan Cook shares his personal wisdom and advice gathered from his decades of experience into a single volume. The handbook includes introductions to each chapter topic, plus both quick and detailed reference sections on all aspects of criminal law and procedure. It also includes useful appendices with step-by-step practice guides for how to perform specific prosecutorial tasks (such as how to take a guilty plea). Law student testimonies from now seasoned attorneys at the start of the book indicate the …


1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson Jun 2018

1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around …


Who Locked Us Up? Examining The Social Meaning Of Black Punitiveness, Darren Lenard Hutchinson Jun 2018

Who Locked Us Up? Examining The Social Meaning Of Black Punitiveness, Darren Lenard Hutchinson

UF Law Faculty Publications

Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of color by denying them political, social, and economic well-being. The harmful and disparate racial impact of U.S. crime policy mirrors historical patterns that emerged during slavery, Reconstruction, and Jim Crow. In his Pulitzer Prize-winning book Locking Up Our Own: Crime and Punishment in Black America, James Forman, Jr. demonstrates that many …


Trammel V. United States: Bad History, Bad Policy, And Bad Law, Michael W. Mullane Apr 2018

Trammel V. United States: Bad History, Bad Policy, And Bad Law, Michael W. Mullane

Maine Law Review

In 1980 the United States Supreme Court decided Trammel v. United States. The opinion changed the Spouses' Testimonial Privilege, overturning centuries of consistent case decisions. The Court based its decision on the history and effect of privilege and a straw poll of state legislative and court decisions on the issue. The Court concluded its decision would permit the admission of more spousal testimony without impairing the benefits the privilege was supposed to confer on spouses. The Court's decision in Trammel was wrong on three counts. The first was bad history overlaid with questionable analysis. The survey of the state's treatment …


Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher Apr 2018

Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher

Washington and Lee Law Review

Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants’ other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment—imprisonment.Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants’ other constitutional rights generally facilitate just the opposite— minimizing jeopardy by reducing charges, lessening the likelihood of …


Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe Apr 2018

Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe

Washington and Lee Law Review

An important question for our time concerns whether the Constitution could establish a right to engage in certain marijuana-related activities. Several states have now legalized cannabis, within strict limits, for recreational purposes, and that number will grow. Yet, some states will not promptly legalize but, instead, continue to criminalize, or only “decriminalize” in minor ways, and the federal criminalization statutes also will likely survive for a time. There currently is no recognized right under the Constitution to possess, use, cultivate, or distribute cannabis for recreational purposes, even in small amounts, and traditional, single-clause arguments for such a right are weak. …


On The Ratio Of Freedom And Liabilities In Law, Yu.S. Pulatov, A. Xurandov Mar 2018

On The Ratio Of Freedom And Liabilities In Law, Yu.S. Pulatov, A. Xurandov

Review of law sciences

In the article based on analysis of the concepts “freedom” and “responsibility” considered the matters of their co - relation and regulation in law.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly Mar 2018

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly

Peter R. Reilly

According to the U.S. Department of Justice (“DOJ”), deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that, over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, the article sets forth the argument …


The Persistence Of Fatal Police Taserings In 2017, Donald E. Wilkes Jr. Feb 2018

The Persistence Of Fatal Police Taserings In 2017, Donald E. Wilkes Jr.

Popular Media

Fatal police taserings are a persistent phenomenon in the United States. Every year dozens of Americans are fatally tasered by our police.This article looks at the number of deaths cause by police tasering during 2017.


Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner Feb 2018

Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner

Scholarly Articles

None available.


The Fourth Amendment In The Age Of Persistent Aerial Surveillance, John Pavletic Jan 2018

The Fourth Amendment In The Age Of Persistent Aerial Surveillance, John Pavletic

Journal of Criminal Law and Criminology

If Big Brother made movies, persistent aerial surveillance would be its masterpiece. Small airplanes are rigged with high-tech cameras that can continuously transmit real-time images to the ground. The aircraft is able to monitor an area of thirty square miles for ten hours at a time. This technology allows video analysts to zoom in and track the location of vehicles, and even people. It was originally designed for military use during the Iraq War, but since then, it has been adapted for civilian applications. In 2016, the Baltimore Police Department contracted with Persistent Surveillance Systems to carry out a trial …


Technological Incarceration And The End Of The Prison Crisis, Mirko Bagaric, Dan Hunter, Gabrielle Wolf Jan 2018

Technological Incarceration And The End Of The Prison Crisis, Mirko Bagaric, Dan Hunter, Gabrielle Wolf

Journal of Criminal Law and Criminology

The United States imprisons more of its people than any nation on Earth, and by a considerable margin. Criminals attract little empathy and have no political capital. Consequently, it is not surprising that, over the past forty years, there have been no concerted or unified efforts to stem the rapid increase in incarceration levels in the United States. Nevertheless, there has recently been a growing realization that even the world’s biggest economy cannot readily sustain the $80 billion annual cost of imprisoning more than two million of its citizens. No principled, wide-ranging solution has yet been advanced, however. To resolve …


The Effects Of Body-Worn Cameras On Police Activity And Police-Citizen Encounters: A Randomized Controlled Trial, Anthony A. Braga, William H. Sousa, James R. Coldren, Jr., Denise Rodriguez Jan 2018

The Effects Of Body-Worn Cameras On Police Activity And Police-Citizen Encounters: A Randomized Controlled Trial, Anthony A. Braga, William H. Sousa, James R. Coldren, Jr., Denise Rodriguez

Journal of Criminal Law and Criminology

Many have suggested that placing body-worn cameras (BWCs) on police officers improves the civility of police-citizen encounters and enhances citizen perceptions of police transparency and legitimacy. In response, many police departments have adopted this technology to address public concerns over the quality of policing in their communities. The existing program evaluation evidence on the intended and unintended consequences of outfitting police officers with BWCs is still developing, however. This study reports the findings of a randomized controlled trial involving more than 400 police officers in Las Vegas, Nevada. We find that officers equipped with body-worn cameras generated fewer complaints and …