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Articles 2611 - 2640 of 27614
Full-Text Articles in Law
Please Stop: The Law Court's Recent Roadblock Decisions, Jonathan A. Block
Please Stop: The Law Court's Recent Roadblock Decisions, Jonathan A. Block
Maine Law Review
Police checkpoints or “roadblocks” have become an increasingly utilized law enforcement tool. At best, these checkpoints result in only a minor inconvenience to motorists. When abused, however, roadblocks have the potential for invidious invasions of privacy and personal freedom. Roadblocks are designed to deter, and to a lesser extent detect, criminal activity by stopping everyone—both the guilty and the law-abiding—for a brief inspection, thereby impinging to some degree on one's freedom of travel, privacy, and “right to be let alone.” Such “seizures” must be “reasonable” under the Fourth Amendment in order to survive constitutional challenge. The major difference between roadblocks …
One Step Forward, One Step Back: Emergency Reform And Appellate Sentence Review In Maine, Amy K. Tchao
One Step Forward, One Step Back: Emergency Reform And Appellate Sentence Review In Maine, Amy K. Tchao
Maine Law Review
Perhaps in no other area of the law is a trial court's power greater than when it is given the task of criminal sentencing. Historically and traditionally, the trial court judge has been given the widest latitude of discretion in determining a proper sentence once a criminal defendant has been found guilty. Indeed, the task of sentencing has been deemed a matter of discretion rather than a question of law. As a result, trial judges historically have not articulated reasons for the sentences that they impose. However, with very few standards or criteria to measure the appropriateness of their decisions, …
First Amendment “Harms”, Stephanie H. Barclay
First Amendment “Harms”, Stephanie H. Barclay
Indiana Law Journal
What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …
A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes
A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes
Indiana Law Journal
Part I of this Note provides background information outlining the relevant BSA/AML laws that establish financial institutions’ affirmative duties to report financial crimes. Part II analyzes the contours of other laws that create mandatory criminal reporting obligations, including their extent, their underlying justifications, and how stringently government agencies enforce them. Part III demonstrates how financial institutions’ reporting duties are uniquely stringent and punitive compared to those imposed elsewhere in the law, and it questions the justifications of this policy. Lastly, Part IV of this Note argues that the BSA/AML regulatory regime could be reformed to reduce the costs and duties …
The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei
The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei
Washington International Law Journal
The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …
Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak
Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak
Journal of Digital Forensics, Security and Law
Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed …
Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.
Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.
Conspectus Borealis
No abstract provided.
Sobering Up After The Seventh Inning: Alcohol And Crime Around The Ballpark, Jonathan Klick, John M. Macdonald
Sobering Up After The Seventh Inning: Alcohol And Crime Around The Ballpark, Jonathan Klick, John M. Macdonald
All Faculty Scholarship
Objectives: This study examines the impact of alcohol consumption in a Major League Baseball (MLB) stadium on area level counts of crime. The modal practice at MLB stadiums is to stop selling alcoholic beverages after the seventh inning. Baseball is not a timed game, so the duration between end of the seventh inning (last call for alcohol) and the end of the game varies considerably, providing a unique natural experiment that allows us to estimate the relationship between alcohol consumption and crime near a stadium on game days to non-game days and to areas around sports bars that fans also …
Addressing Environmental Toxins That Affect Children Through A Children's Rights Framework: Tools To Help You Succeed, Jenifer Cartland
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
#Metoo And The Myth Of The Juvenile Sex Offender, Cynthia Godsoe
#Metoo And The Myth Of The Juvenile Sex Offender, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Cybercrime And Cyber Security Techniques, Amy J. Ramson
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
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
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
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
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
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
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
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, 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
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
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
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
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
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
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
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 …