Law Commons^™

Addressing Environmental Toxins That Affect Children Through A Children's Rights Framework: Tools To Help You Succeed, Jenifer Cartland

Center for the Human Rights of Children

This toolkit was developed as part of Loyola University Chicago’s Advancing Healthy Homes and Healthy Communities Initiative (HHHCI). This initiative establishes an interdisciplinary university-community-public-private partner- ship to tackle the problem of environmental toxins in homes and communities through a range of activities. This approach integrates a unique set of strategies and tactics, including applied research, public education, organiz- ing, coalition building, legislative and policy advocacy, and policy implementation. HHHCI uses an integrative research and advocacy model to address the public health and hous- ing problems associated with environmental toxins. This approach integrates a unique set of strategies and tactics, including …

What Is Remembered, Alice Ristroph

Faculty Scholarship

No abstract provided.

#Metoo And The Myth Of The Juvenile Sex Offender, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Cybercrime And Cyber Security Techniques, Amy J. Ramson

Open Educational Resources

This lecture presents information about cybercrime, which has become the most ubiquitous crime world-wide and affects individuals, companies and government. The lecture indicates that 95% of all cybercrime is preventable and describes a myriad of cyber security techniques that are available to prevent hacking. Legislation to combat cybercrime is presented as well as the places where cybercrime should be reported.

The Concepts Of Criminal Staging, Its Elements, Methods Of Detection And Investigation N, A. Khakberdiev

Review of law sciences

In the conditions of modernization and reforming of the country, the law- enforcement and judicial-legal reforms are primarily aimed at comprehensive protection of human rights, freedoms and legitimate interests. This is to give the state the role of a chief reformer, to ensure the rule of law, to implement strong social policies, and gradually and gradually. There are also problems with the involvement of preliminary investigations and inquiries. This article analyzes the concept and importance of the investigation, the elements of criminal instances and instances, the investigative activity, the theory of evidence, as well as the methods of detecting and …

Aggravating Circumstances Of Illegal Travel Abroad Or Illegal Entry Into The Republic Of Uzbekistan, A. Allanova

Review of law sciences

This article analyzes the aggravating circumstances provided for in the second part of Article of the Criminal Code of the Republic of Uzbekistan and offers to improve legislation are developed.

Criminal Liability For Murder In The Avesta, K. Abzalova

Review of law sciences

In this article, the author analyzes the features of criminal liability for premeditated murder according to Avesta. The author notes that premeditated murder was considered a grave sin. At the end of the article, the corresponding conclusions were drawn.

Concluding Agreements Contrary To The Interests Of The Republic Of Uzbekistan As A Crime In The Field Of Public Procurement, B. Bobojonov

Review of law sciences

This article describes the threat to the financial and economic stability of the state by the crime of concluding agreements contrary to the interests of the Republic of Uzbekistan as one of the socially dangerous acts in the field of public procurement. Proposals were also made to differentiate and improve the liability for concluding agreements contrary to the interests of the Republic of Uzbekistan.

Paradigm Of Forming A Liberal Penitentiary System – Origins, Trends And Prospects, N. Salaev

Review of law sciences

The article illustrates some problematic aspects of the development and improvement of the penitentiary system of the Republic of Uzbekistan. In the course of the study, the problematic aspects of the evolution of liberal prison policy, and promising areas for improving the criminal-executive policy were identified. In particular, the author has studied the current situation in the field of prison policy in the world, modern challenges and threats in the form of the danger of an increase in the criminal population due to the decrease in the repressive nature of criminal punishments and the not always justified improvement in the …

Some Judgments About The Problems Of Qualification Of Larceny Of Other People’S Property Using Computer Tools In The Current Judicial Reforms, K. Ochilov

Review of law sciences

This article analyzes the issues of qualification of larceny of other people’s property using computer tools by appropriation, embezzlement, fraud and theft.

Aspects Of Criminalistic Search Of Material Situation In The Place Of Occurence, Y. Pulatov, M. Utanov

Review of law sciences

In this article envisaged different aspects of criminalistics research of material situation in the place of occurrence which based on criminal procedure legislation statute.

The Procedural Status Of The Prosecutor In Criminal Proceedings In The Courts Of First Instance And Issues Of Its Improvement, D. Dovudova

Review of law sciences

This article is devoted to the importance of improvement of the prosecutor’s powers in court proceedings at the time of ongoing judicial and legal reforms, prosecutor’s participation in court proceedings as a state representative generally supporting public accusation, as well as the impact of his knowledge, behavior, readiness for the trial, involvement in the examination of evidence and perceptions on the decision making stage, regarding the case. In addition, based on the observations on the functions, tasks and powers of the prosecutor attending the court proceedings as a public accuser, pragmatic recommendations and proposals are made for the improvement of …

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

Poverty, Domestic Violence, And The Covid-19 Pandemic, Tammy Henson

Poverty Law Conference & Symposium

There is a distinct correlation between domestic violence and level of income; the lower the income, the higher the prevalence of domestic violence. When poverty and domestic violence intertwine, the consequences for a family in poverty can be devastating. The COVID-19 pandemic of 2020 has added immense pressure to families in poverty already suffering economic hardship. The sudden loss of income due to the nationwide shelter in- place mandate coupled with prolonged proximity to partners and children all day make for a ticking time bomb for many families in poverty.

Law enforcement, criminal courts, and family & dependency courts follow …

Locked Up And Locked Out: True Stories Of Individuals Who Experienced The Intersection Between Homelessness And The Criminal Justice System, Jean Johnson

Senior Honors Projects

JEAN JOHNSON (Criminology & Criminal Justice)

Locked Up and Locked Out: True Stories of the Interlocking Cycle of

Homelessness and the Criminal Justice System

Sponsor: Jill Doerner (Criminology & Criminal Justice, Sociology & Anthropology), Heather Johnson (Writing & Rhetoric)

Key locks work when a key made with teeth is placed into a cylinder with a series of pins and tumblers. If you don’t insert the right key one or more of the pins will remain in the way, preventing the key from turning and the lock will remain closed. According to the United States Interagency Council on Homelessness, tens of …

State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner

Scholarly Articles

State prosecutors around the country have played a crucial role in mass imprisonment. Little supervision and virtually unsurpassed decision making power have provided them with unrivaled influence over the size, growth, and composition of our criminal justice system. They decide which cases to prosecute, whether to divert a case, whether to offer a plea, and what sentence to recommend. Their impact does not stop at sentencing. They weigh in on alternative dockets, supervision violations, parole release, and even clemency requests. But they are also part of a larger system that constrains them. Funding, judicial limits on their power, and legislative …

The Ethics Of Guardians Ad Litem In Family Law, Taylor Imbasciani

Hofstra Law Student Works

There is an abundance of vulnerable clients within our legal world that require specialized representation for protection. Throughout history, lawyers typically represented either parental or state rights and interest, failing to provide children with a voice in disputed matters where they are often most helpless. As an awareness for the necessity of child advocacy developed, the courts began appointing guardians ad litem to protect their interests. Guardians ad litem perform vast functions as hybrid attorneys, data collectors and conclusive reporters, which has led to excessive legal and ethical confusion. The lack of guidelines and disparity in jurisdictional precedent has produced …

Letting The Cat Out Of The Bag: How New York's Discovery Reform Removes The Secrecy From The Grand Jury, Amber Kempermann

Hofstra Law Student Works

The grand jury is a historical institution in New York’s criminal justice system, and the discovery reform is long-needed change to that same system. But that change has already affected the system in a way that was not intended. So, what can we do to help? This paper proposes that the answer to that question is to amend the provision that mandates identification and contact information for witnesses that testify in the grand jury. Part II.A of this paper discusses the history of the grand jury system in New York. Part II.B discusses the changes to discovery laws made by …

The Permissible Scope Of Attorney Speech: Constitutional Challenges, The Current Standard, And The Need For Clarity, Sean Sciubba

Hofstra Law Student Works

The paper explores the history of trial publicity rules in the United States. Part II discusses the enactment of the first legal code in this country aimed at limiting attorney speech and then analyzes the influences and constitutional restrains that molded the scope of subsequent rules. Part III discusses the amendments to the Model Rules following the Supreme Court’s decision in Gentile v State Bar of Nevada, which largely resulted in the current version of Model Rules 3.6 and 3.8. Part IV examines the discernible scope of permissible attorney speech under the current Model Rules as well as certain arguments …

Appointing An Independent Prosecutor In Cases Of Police Misconduct: Repairing Trust In The Criminal Justice System, Samantha Levitz

Hofstra Law Student Works

This Paper argues that, in order to avoid the perception of bias, an independent, special prosecutor should be appointed to handle cases of police misconduct. Part II will examine the background and history of the interaction between police officers and the district attorney’s offices. In Part III, this Paper will analyze the main ethical issue involved in the prosecution of police misconduct—conflict of interest—and the impact it has on our system. In Part IV, this Paper will propose removal of cases involving police misconduct from the district attorney’s office, focusing mainly on a solution for New York State, assess the …

Evolving Standards Of Decency: A View Of 8th Amendment Jurisprudence And The Death Penalty, Jared Lockhart, Madeline Hill

Brigham Young University Prelaw Review

In July 1997, Kenneth Foster was indicted on capital murder charges

and sentenced to death even though he had only committed robbery.

3 On August 14, 1996, Kenneth Foster and his friends, Mauriceo

Brown, DeWayne Dillard, and Julius Steen, rented a car and

drove to downtown San Antonio, Texas. Later that night, Brown

suggested that the men rob a few people in order to make up for the

money they had lost while partying. After their second robbery that

evening, Foster did not want to continue breaking the law, according

to Dillard’s courtroom testimony four years later. Dismissing

his request, …

Eliminating Mandatory Minimum Sentences: Putting Sentencing Power Back In The Hands Of The Judiciary, Hunter Anderson, Joseph Dummar

Brigham Young University Prelaw Review

Ron Miller had been a general manager of a company for twentyfour

years with no criminal record when his best friend asked

him to allow a shipment of drugs to be delivered to his company’s

address. Ron reluctantly agreed to help his friend, who was desperate

for money. Before the drugs arrived, Ron backed out and asked

his friend not to send the drugs, but by that point the shipment had

already been made. The police tracked the shipment to Ron and

arrested him. Even though Ron never knew the type nor the quantity

of drug that was delivered to …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Domestic Violence: A Comparative Analysis Of Legal Statues In The United States (New York) And The Republic Of India (Mumbai), Lenard G. Gomes Esq.

Student Theses

Domestic violence has continued to be a major global issue effecting many if not all countries in the world. The form domestic violence can take varies from country to country. Laws protecting women from domestic violence also differs as a result This research examines how cultural differences impact domestic violence legislations in the United States and the Republic of India. India was chosen as a comparison jurisdiction because of differing demographics and possible variables in that country.

The primary data source for this study were the numerous enacted legislations pertaining to domestic violence that form the legislative landscape on domestic …

Valuing Black Lives: A Case For Ending The Death Penalty, Alexis Hoag

Faculty Scholarship

No abstract provided.

Resentencing Of Juvenile Lifers: The Philadelphia Experience, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

We examined the Philadelphia District Attorney Office’s approach to juvenile lifer resentencing, which began in 2017 under the administration of District Attorney Seth Williams and has continued under the administration of District Attorney Larry Krasner. For cases resentenced as of December 31st, 2019, we describe similarities and differences between the Williams and Krasner administrations in decision making and sentence length reductions, and we report on the recidivism rate and estimated cost savings for Pennsylvania as a result of release.

Loss Of Self-Control, Dual-Process Theories, And Provocation, Michal Buchhandler-Raphael

Fordham Law Review

Contemporary understanding of the provocation defense views the “loss of self-control” theory as the cornerstone of this partial excuse. In considering whether to reduce murder charges to manslaughter, juries and judges rely on this theory to determine if the defendant lost self-control after experiencing intense emotional arousal and if a reasonable person would have also likely lost self-control in similar circumstances. This Article questions this conventional wisdom by examining the various flaws embedded in provocation’s loss of self-control theory. It argues that the theory is both over- and underinclusive. It is overinclusive because it provides a basis for mitigation in …

Learning Facts From Fiction In Jay-Z'S 99 Problems, Karl T. Muth

JCLC Online

No abstract provided.

Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan

Articles by Maurer Faculty

Over thirty-five years ago, the city of Bhopal, India, witnessed a horrific gas leak that originated from a facility operated by Union Carbide India Limited (“UCIL”), which had as its parent company the American-based Union Carbide Corporation (“UCC”). Thousands were killed, with many more injured. One hundred forty-five cases were filed throughout various U.S. federal district courts on behalf of the victims asserting that UCIL and UCC were liable. Eventually, these cases were consolidated through the multi-district litigation (“MDL”) process and placed onto the docket of federal Judge John Keenan. In 1986, Judge Keenan issued his famous forum non conveniens …