Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Criminal Law

Institution
Keyword
Publication Year
Publication
File Type

Articles 1 - 30 of 7851

Full-Text Articles in Law

Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha Apr 2024

Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha

All Faculty Scholarship

In August 2023, the U.S. Supreme Court temporarily blocked one of the largest public health settlements in history: that of Purdue Pharma, L.P., reached in bankruptcy court. The negotiated bankruptcy settlement approved by the court would give a golden parachute to the very people thought to have ignited the opioid crisis: the Sackler family. As the Supreme Court considers the propriety of immunity through bankruptcy, the case has raised fundamental questions about whether bankruptcy is a proper refuge from tort liability and whether law checks power or law serves power.

Of course, bankruptcy courts often limit liability against a distressed …


Deconstructing Burglary, Ira P. Robbins Feb 2024

Deconstructing Burglary, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

The law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one’s personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them.

However, the law of burglary has expanded and caused so many problems …


Thanks For The Lyft: Optimizing Rideshare Safety In Arkansas, Addison A. Tucker Feb 2024

Thanks For The Lyft: Optimizing Rideshare Safety In Arkansas, Addison A. Tucker

Arkansas Law Notes

Rideshare companies such as Uber and Lyft, also known as Transportation Network Companies (“TNCs”), are underregulated and provide little protection to passengers, despite the thousands of women who have reported instances of sexual violence during their trips. This Comment argues that Arkansas law should be modified to strengthen the criminal background checks of potential rideshare drivers, require surveillance during rides, and classify the impersonation of a rideshare driver as a felony.


Digital Terror Crimes, Cody Corliss Jan 2024

Digital Terror Crimes, Cody Corliss

Law Faculty Scholarship

Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.

This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …


Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process, Wisdom U. Onwuchekwa-Banogu Jan 2024

Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process, Wisdom U. Onwuchekwa-Banogu

JCLC Online

How does one obtain evidence located outside the United States for a criminal trial? For prosecutors, the answer is an exclusive treaty process: Mutual Legal Assistance Treaties (MLATs). Defendants, on the other hand, may only use an unpredictable, ineffective, non-treaty process: letters rogatory. The result is a selective advantage for law enforcement at the expense of the defendant. Though this imbalance necessarily raises Sixth Amendment Compulsory Process Clause concerns, MLATs have remained largely undisturbed because defendants still have some form of process, albeit a lesser one. But what happens when the letters rogatory process is also closed off to the …


America’S “Kia Boys”: The Problem, Responses, And Recommendations, Drew Thornley Jan 2024

America’S “Kia Boys”: The Problem, Responses, And Recommendations, Drew Thornley

Seattle University Law Review SUpra

The landscape of automobile theft in the United States has undergone a dramatic transformation, marked by a notable surge in the theft of Kia and Hyundai vehicles. Once regarded as a routine occurrence, car thefts have taken on a novel dimension, propelled by a phenomenon driven by digital culture and social media virality. The thefts of these specific car brands have evolved into what is now widely recognized as the "Kia Challenge," a term echoing across popular platforms like TikTok. In this challenge, young teenage individuals, often referred to as the "Kia Boys" or variations thereof, orchestrate daring car heists, …


Imperfect Insanity And Diminished Responsibility, Lea Johnston Jan 2024

Imperfect Insanity And Diminished Responsibility, Lea Johnston

UF Law Faculty Publications

Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness.

This Article proposes a generic partial excuse of Diminished Responsibility from Mental Disability, to be asserted as an affirmative defense at the …


Beyond The Reach Of Legal Process – Lessons From United States V Rafiekian, Vivian M. Williams Jan 2024

Beyond The Reach Of Legal Process – Lessons From United States V Rafiekian, Vivian M. Williams

Publications and Research

The influence of foreign agents on the domestic affairs of countries is now a major issue in global affairs. This issue gained significance after foreign influence was blamed for a massive protest demanding fair election, rocked Moscow in 2011. It has been amplified after Russian involvement was cited for Donald Trump’s surprised election as President of the United States in 2016. There is now great anxiety among nations that foreign actors could influence electoral outcomes. Consequently, the past decade has seen a proliferation of laws regulating the operation of foreign agents within a country. Aggressive enforcement of Foreign Agents laws …


The Role Of Pornography In The “Rough Sex” Defence In Canada, Lisa Gotell, Isabel Grant, Elizabeth Sheehy Jan 2024

The Role Of Pornography In The “Rough Sex” Defence In Canada, Lisa Gotell, Isabel Grant, Elizabeth Sheehy

All Faculty Publications

Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, …


Post-Conviction Disclosure In The Canadian Context, Alexandra Ballantyne, Tamara Levy, K.C. Jan 2024

Post-Conviction Disclosure In The Canadian Context, Alexandra Ballantyne, Tamara Levy, K.C.

All Faculty Publications

It is common knowledge that the criminal justice system is fallible and prone to human error. The most egregious of such errors is the conviction of an innocent person. While wrongful convictions have been acknowledged in Canada in the last few decades, they are mostly regarded as rare and extraordinary events.16 In response to this perception, experts have identified the challenge of determining the number of wrongful convictions and their exact causes.17 A 2019 study estimates that at least 85 people have been exonerated in Canada.18 The recent advent of the Canadian Registry of Wrongful Convictions creates a centralized location …


Bad Attempts, Andrew Jensen Kerr Jan 2024

Bad Attempts, Andrew Jensen Kerr

Emory Law Journal Online

We assume that legal concepts are generic and indifferent to facts. But bad attempts at crime (something always unlawful) and bad attempts at art (something almost always lawful) are potentially treated very differently in many U.S. jurisdictions. Surprisingly, the bad attempt at art might be more likely to result in punishment. I draw on notions of capacity and responsibility to suggest why the amateur rapper should be excused for genuine aesthetic attempts that are perceived as threatening. In doing so, I comment on form and formalism in public law, and how principles of criminal law can help to maintain the …


Criminal Law In Myanmar, Wing Cheong Chan, Mark Mcbride, Neil: Yeo Morgan Dec 2023

Criminal Law In Myanmar, Wing Cheong Chan, Mark Mcbride, Neil: Yeo Morgan

Research Collection Yong Pung How School Of Law

A commentary on the Myanmar Penal Code that describes and critically evaluates the general principles of criminal responsibility contained in the Code.This book was originally published in English in 2016. It was republished in Burmese in 2023.


Exploring The Importance Of Criminal Legal Aid: A Canadian Perspective, Trevor C. W. Farrow, Marcus Pratt Nov 2023

Exploring The Importance Of Criminal Legal Aid: A Canadian Perspective, Trevor C. W. Farrow, Marcus Pratt

Articles & Book Chapters

There is a growing global recognition that, in order to address the current access to justice crisis, more research, together with a better understanding of data, is needed. This article, through an examination of existing legal aid research primarily in the area of criminal law, explores some of what we know and do not know about the relative benefits and costs of providing different kinds of criminal legal aid services. Although not a comprehensive review of all available research, this article identifies data strengths and gaps and the need for further research and reforms.


Misconduct On Public Transit: An Exploratory Analysis Using The Comments Formerly Known As Tweets, Egbe Etu Etu, Asha Weinstein Agrawal, Imokhai Tenebe, Jordan Larot, Dang Minh Nhu Nguyen Nov 2023

Misconduct On Public Transit: An Exploratory Analysis Using The Comments Formerly Known As Tweets, Egbe Etu Etu, Asha Weinstein Agrawal, Imokhai Tenebe, Jordan Larot, Dang Minh Nhu Nguyen

Mineta Transportation Institute Publications

This project developed a simple methodology for using Twitter data to explore public perceptions about misconduct on public transit in California. The methodology allows future researchers to analyze tweets to answer questions such as: How frequent are tweets related to assault, abuse, or other misconduct on public transit? What concerns arise most frequently? What are the types of behaviors discussed? We collected and analyzed data from Twitter posts in California about various types of public transit misconduct from January 2020 to March 2023 to identify the nature and frequency of reported misconduct. Our findings reveal that harassment, uncivil behavior, and …


Perlmutter Center For Legal Justice At Cardozo Law Asks Ny Governor Kathy Hochul To Sign Wrongful Convictions Act, Josh Dubin Oct 2023

Perlmutter Center For Legal Justice At Cardozo Law Asks Ny Governor Kathy Hochul To Sign Wrongful Convictions Act, Josh Dubin

Perlmutter Center Letters

The Law expands legal recourse for those wrongfully convicted including the right to counsel and the ability to challenge flawed scientific evidence.

The Perlmutter Center for Legal Justice at Cardozo Law has asked New York State Governor Kathy Hochul to sign the Challenging Wrongful Convictions Act.

The law (S.7548) was passed by both houses of the New York State legislature. If signed, it will expand legal recourse for those wrongfully convicted in New York including the right to counsel, the ability to challenge flawed or outdated scientific evidence, gives innocent people who pleaded guilty the right to apply for post …


“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert Oct 2023

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …


Public Defenders As Gatekeepers Of Freedom, Alma Magaña Oct 2023

Public Defenders As Gatekeepers Of Freedom, Alma Magaña

Articles

Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …


Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin Oct 2023

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …


Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee Oct 2023

Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee

Research Collection Yong Pung How School Of Law

Eyewitness testimony forms an important component in deciding whether a case can be prosecuted. Yet, many criminal perpetrators deliberately conceal their faces with disguises or under dim lighting, undermining eyewitness accuracy. This article reviews recent studies to characterize the factors that impair face recognition performance, specifically, various forms of face disguise (e.g., face masks, sunglasses) and different lighting conditions. Research shows that identification accuracy, alongside eyewitness confidence and decision bias, all affect the reliability of eyewitness accounts. A consistent finding across studies is that face-identification accuracy can be improved by matching the viewing conditions during the police lineup with those …


Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph Sep 2023

Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph

Maine Statistical Analysis Center

The Maine Statistical Analysis Center (SAC), partnered with the Maine Prosecutors Association (MPA) to establish statewide and by-district prosecutorial data for a five-year period (2017-2021). These baseline data are for a variety of criminal cases, charges, and outcomes and this report is the first of its kind for Maine. The MPA sought to detail these baseline figures and trends in an annual report to both support the ongoing work of Maine’s District Attorneys to address serious crime through data-informed decision-making and to enable key stakeholders and the public to better understand how limited public resources are being used by their …


Whittle, Joseph Merle, B. 1933 (Mss 756), Manuscripts & Folklife Archives Sep 2023

Whittle, Joseph Merle, B. 1933 (Mss 756), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 756. Correspondence and papers of Joseph M. Whittle, a Grayson County attorney who served as U.S. Attorney for the Western District of Kentucky from 1986-1993.


Abolition And Environmental Justice, Allegra M. Mcleod Sep 2023

Abolition And Environmental Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining institutions and collective structures that improve human well-being, linking penal divestment to environmental justice. In urging a reimagination of public safety, abolitionists envision much more than decriminalization or a reallocation of police functions to social service agencies or other alternatives to imprisonment and policing. Instead, for abolitionists, meaningful public safety requires, among other things, …


Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan Sep 2023

Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

After nearly fifty years of the mandatory death penalty for drug offences, Singapore amended its law in 2012 to give judges a choice in certain situations to impose a sentence of death or life imprisonment instead. However, this change should not be misunderstood as an alteration in Singapore’s zero-tolerance approach towards illegal drugs. Escaping the mandatory death penalty regime under the new law requires fulfilment of strict conditions. This article reviews the exceptional circumstances that are required before judges are given the discretion to impose the death penalty or not and the application of the new law by the Singapore …


Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala Aug 2023

Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala

Popular Media

This article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.

Excerpt:

"The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order …


Meet Our New Faculty: Yvette Butler, James Owsley Boyd Aug 2023

Meet Our New Faculty: Yvette Butler, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Associate Professor Yvette T. Butler joined the Indiana Law faculty this summer. She earned an undergraduate degree from the University of Minnesota, Morris, and her law degree from The George Washington University Law School.


Meet Our New Faculty: Valena Beety, James Owsley Boyd Aug 2023

Meet Our New Faculty: Valena Beety, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

You’ve read about some of the amazing students we have starting with us next week. Now we’ll introduce you to some of the new faculty who have joined us over the summer. First up is Valena Beety, the Robert H. McKinney Professor of Law. Prof. Beety was most recently Professor of Law and Deputy Director of the Academy for Justice at theArizona State University Sandra Day O’Connor College of Law.


The Trouble With Time Served, Kimberly Ferzan Jul 2023

The Trouble With Time Served, Kimberly Ferzan

All Faculty Scholarship

Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …


Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri Jul 2023

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

Articles

The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …


Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case, F. Tim Knight Jul 2023

Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.


Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander Jul 2023

Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander

Vanderbilt Law School Faculty Publications

Most court data are maintained--and most empirical court research is conducted--from the institutional vantage point of the courts. Using the case as the common unit of measurement, data-driven court research typically focuses on metrics such as the size of court dockets, the speed of case processing, judicial decision-making within cases, and the frequency of case events occurring within or resulting from the court system.

This Article sets forth a methodological framework for reconceptualizing and restructuring court data as "people-first"-centered not on the perspective of courts as institutions but on the people who interact with the court system. We reorganize case-level …