Law Commons^™

Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos

San Diego International Law Journal

The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

Tinjauan Viktimologis Dan Yuridis Atas Eksploitasi Seksual Terhadap Anak Victimological And Juridical Review Of Commercial Exploitation Against Children, Ananda Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The International Labor Organization estimates that 30% of 240,000 commercial sex workers in Indonesia in 2017 are children under 18 years. Considering mentioned number, this paper discusses the aspect of victimology and legislation in the hope of being able to answer the question of how protection should be for children in the crime of sexual exploitation. The research method used is the normative legal method in which the writer tries to refer to the norms of criminal law and victimology in general. With the above regulations, the discussion on the principle of systematische specialiteit must be underlined to assess which …

Mental Illness Labeling In Justice-Involved People, Elena Therese Vaudreuil

Open Access Theses & Dissertations

While it cannot be denied that there is a strong correlational relationship between justice-involvement and mental illness, research has demonstrated that severe mental illness is rarely the direct cause of criminal activity. However, stigmatizing attitudes towards people with mental illness are often rooted in incorrect generalizations regarding the link between mental illness and unpredictable, dangerous behavior, which can be magnified by labels (e.g., "schizophrenic" or "criminal"). This reduction of a person to a label results in a number of negative outcomes, ranging from the prejudice and inequitable treatment one may experience from groups such as justice workers, police, and employers …

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.

The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdulaziz Al-Hassan Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding.

Through the extrapolation …

Police Cartoon Series: Between Learning And Awareness Of Deviance And Crime (Comparative Study), Khawlah Al-Tkhayneh, Arwa Alchamali, Marwa Nazar

Journal of Police and Legal Sciences

This study aimed at detecting the impact of watching police cartoon series introduced by different communication channels, such as TV, YouTube, etc. on children's behaviour by conducting a comparative study between two well-known police cartoon series in order to identify which one of them behaved based on promoting children's awareness about delinquency and crime and which one used the educational method about crime and delinquency (intentionally and unintentionally) as well as identifying the most prominent differences between the methods of introducing the cartoon series in each series. In order to achieve the study objectives, the researchers used the comparative approach …

The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdul Aziz Ahmed Al Hassan

UAEU Law Journal

This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding. Through the extrapolation …

Defund The Police: Snappy Slogan Or A Viable Solution? A Case Study Of Savannah, Georgia, Michayla F. Knox

Honors College Theses

The notion of defunding the police remains a hot-button political topic since the protests of Summer 2020. The forefront of the debate concerns how defunding the police will impact crime rates. Still, the topic has scarcely been investigated empirically. This thesis provides an early examination into the relationship between "defunding the police", reallocating funding, and crime rates in Savannah, Ga. Several experiments are performed to answer three research questions that involve comparing and manipulating the budget provided for policing and the budgets for neighborhood vitality and poverty reduction. The findings show that Savannah allocates significantly more money to the policing …

Personality Disorders In Relation To Crime, Ann Difrank

D.U.Quark

Personality disorders, including borderline and antisocial, are mental disorders that influence the thoughts and behaviors of affected individuals. There is currently a lack of studies in the relationship between these individuals and crime rates, though it is often found criminal offenders have said disorders. These disorders can be traced down to neurological and biochemical dimensions, including disruptions in brain function and chemical levels. These disorders can also be developed from childhood abuse or other disruptions in adolescent development. Though all personality disorders are developed similarly, the differences in presentation affect the type of crime committed and specific crime scene behaviors. …

Criminalizing Starvation In An Age Of Mass Deprivation In War: Intent, Method, Form, And Consequence, Tom Dannenbaum

Vanderbilt Journal of Transnational Law

Mass starvation in war is resurgent. Across a range of conflicts, belligerents have attacked farmers and humanitarian workers; destroyed, looted, or rendered unusable food and food sources; and cut off besieged populations from the external supply of essential goods. Millions have been left in famine or on the brink thereof. Increasingly, this has elicited calls for accountability. However, traditional criminal categories are not promising in this respect. The situation and nature of objects indispensable to survival is such that they typically provide sustenance to both civilians and combatants; the conduct that deprives people of those objects often involves acting on …

Social Media And Democracy, Seth C. Oranburg

Law Faculty Scholarship

[Excerpt] "Lately, people have been finding giant pet goldfish in lakes across America. You may see these tiny fish swimming in bowls at the county fair, but left alone in a lake or large pond, where they are dropped perhaps by a well-meaning child, they can grow to 20 pounds or more— and destroy ecosystems. The goldfish is a cautionary tale that has been told time and again in different forms, like Pandora’s box."

An Analysis Of The Suspect: The Impact Of Economic Conditions On Crime, Ryan Perez

Economics Undergraduate Honors Theses

Every place in the world experiences a level of crime within its borders, but there is much contention as to which factors lead to crime. Economic conditions, due to their association with poverty, are frequently discussed as a possible contributors to crime rates. This analysis examines four macroeconomic variables (GDP per capita, unemployment rate, inflation rate, and interest rate) and their effect on crime rates (violent, property, and total). After thoroughly reviewing the philosophical nature of crime, the current economic conditions through the lens of the selected macroeconomic variables, and the present criminal landscape throughout the United States and the …

Recovering Feminist Lessons From The Past For A Less Carceral Future, Aziza Ahmed

Faculty Scholarship

In a moment when mass incarceration, police reform, and abolition are dominating national headlines, Aya Gruber’s book, The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration, takes on one of the most complicated questions of the politics of policing and incarceration: gender violence. Her book provides a history of the uncomfortable relationship between the carceral state and feminist organizing to end violence against women. And, it offers a path forward that begins to address mistakes of the past by reigniting those modes of feminism focused on poverty, welfare, and race that were sidelined with …

Solving Crimes With 23andme: Dna Databases And The Future Of Law Enforcement, Meghan Mcloughlin

Journal of Civil Rights and Economic Development

(Excerpt)

“It could never happen to me though, right?”

Sitting on our comfortable couches in our secure homes and watching news stories about people who have lost loved ones to the most terrible, violent crimes, we think to ourselves: “That’s awful for them, but it won’t happen to me.” But what if it did?

Becoming a victim of a violent crime or loving someone who becomes a victim of a crime in the United States is not uncommon. In 2016, 2.9 million people in the United States were victims of at least one “violent crime”—crimes defined by their inherent violence, …

Improving The Mental Health Tale In The Criminal Justice System, Meredith Bernal

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

Inside The Black Box Of Prosecutor Discretion, Megan Wright, Shima Baradaran Baughman, Christopher Robertson

Faculty Scholarship

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

Crime And Punishment: An Empirical Study Of The Effects Of Racial Bias On Capital Sentencing Decisions, Matthew A. Gasperetti

University of Miami Law Review

Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial Era to the present. After framing the death penalty in cultural and historical context, I report original empirical results from one of the largest studies (n = 3,284) of mock juror capital sentencing decisions published to date. My results show that mock jurors who self reported …

Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baradaran Baughman, Christopher Robertson

Journal Articles

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

Juries, Democracy, And Petty Crime, John D. King

Scholarly Articles

The right to trial by jury in criminal cases is basic to the design of American criminal justice and to the structure of American government. Guaranteed by Article III of the Constitution, the Sixth Amendment, and every one of the original state constitutions, the criminal jury was seen as critically important not only to the protection of individual rights but also to the architecture of American democracy. The vast majority of criminal prosecutions today, however, are resolved without even the prospect of community review by a jury. Despite the textual clarity of the guarantee, the Supreme Court has long recognized …

2022 Annual Campus Security And Fire Safety Report, Otterbein Police Department

Otterbein Police Department

2022 Annual Campus Security and Fire Safety Report from the Otterbein Police Department. The crime and arrest statistics compiled by OPD are from calendar years 2019, 2020, and 2021.

Mysterious Ways, Lawrence M. Friedman

FIU Law Review

The “mystery” or “detective” novel originated in the first half of the 19th century, and quickly became extremely popular. Its origins betray changes in English and American society—the same changes that led to innovations in criminal justice, especially the creation of detective squads in the big cities. The goal of the detective was to expose secret crime—crimes committed by confidence men, and others who worked in the shadows. Thousands and thousands of detective novels have been written; they are extremely varied; but they tend to share one common trait: they turn on the problem of hidden personal identities, which the …

The Westminster Model And The Destabilizing Of Democracy In The Caribbean, Peter L. René

Walden Dissertations and Doctoral Studies

The problem with the Westminster model is the model’s lack of governance, oversight and colonial mindset which has led to a crisis that includes severe government corruption, deepening poverty, upticks in crime, debt and decreasing trade opportunities. This makes life harder for the citizens and threatens to destabilize the democracies with no one nation situated to cope with these existential challenges. National independence for the region was designed to maintain the status quo of colonial times while providing the illusion of autonomy and individual sovereignty. The purpose of the study was to analyze the Westminster model enacted in the Caribbean …