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Articles 1 - 30 of 30
Full-Text Articles in Law
The Case Against Prosecuting Refugees, Evan J. Criddle
The Case Against Prosecuting Refugees, Evan J. Criddle
Faculty Publications
Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.
This Article shows that Congress has not authorized …
Criminal Trespass And Computer Crime, Laurent Sacharoff
Criminal Trespass And Computer Crime, Laurent Sacharoff
William & Mary Law Review
The Computer Fraud and Abuse Act (CFAA) criminalizes the simple act of trespass upon a computer—intentional access without authorization. The law sweeps too broadly, but the courts and scholars seeking to fix it look in the wrong place. They uniformly focus on the term “without authorization” when instead they should focus on the statute’s mens rea. On a conceptual level, courts and scholars understand that the CFAA is a criminal law, of course, but fail to interpret it comprehensively as one.
This Article begins the first sustained treatment of the CFAA as a criminal law, with a full elaboration of …
Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad
Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad
Library Philosophy and Practice (e-journal)
The purpose of this research paper is to present a quantitative analysis of the Criminal Law Literature published from 2010 to 2019.
Design/Methodology: The Institute of Scientific Information (ISI) Web of Science database was used as a source for extracting the data of published documents during the period 2010-2019. The analysis of the published literature was based on the following indicators: research productivity of each country, annual publications, annual citations, highly cited articles, highly cited law journals, most productive institutions in the field of criminal law, and most prolific authors. Research articles, conference proceeding papers, book reviews and editorials …
Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss
Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss
Seattle University Law Review SUpra
At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.
In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …
Mcgirt V. Oklahoma, Allison Barnwell
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh
Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh
Research Collection Yong Pung How School Of Law
Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court’s process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be …
Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund
Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund
Indiana Journal of Global Legal Studies
Authority is written against the background of intense resistance to globalization processes by a range of political movements and grassroots organizations. These processes are complex and have a variety of dimensions. One of these is the emergence of global legal orders, which I define, in a rough and ready manner, as relatively autonomous legal orders that claim or aspire to claim global validity for themselves. They too-most obviously the World Trade Organization (WTO)-are the butt of resistance. Whatever its forms and aspirations, resistance to globalization is fueled by their peculiar dynamic. Indeed, emergent global legal orders spawn massive exclusion when …
Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli
Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis
Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Out With The New, In With The Old: Re-Implementing Traditional Forms Of Justice In Indian Country, Nicholas R. Sanchez
Out With The New, In With The Old: Re-Implementing Traditional Forms Of Justice In Indian Country, Nicholas R. Sanchez
American Indian Law Journal
No abstract provided.
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 …
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 …
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
Faculty Scholarship
For more than four decades, the third-party doctrine was understood as a bright-line, categorical rule: there is no legitimate privacy interest in any data that is voluntarily disclosed or conveyed to a third party. But this simple rule has dramatic effects in a world of ubiquitous networked computing, mobile technologies, and the commodification of information. The digital devices that facilitate our daily participation in modern society are connected through automated infrastructures that are designed to generate vast quantities of data, nearly all of which is captured, utilized, and stored by third-party service providers. Under a plain reading of the third-party …
Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen
Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen
Utah Law Review
The one thing that most scholars of criminal law agree upon is that we are in desperate need of a comprehensive theory of punishment. The theory that comes closest to meeting this demand is the expressive account of punishment, yet it is often criticized for its inability to explain how the expression of communal values justifies punishment and why the condemnation of wrongdoing necessarily requires punishment. The Article answers these criticisms by arguing against the need to necessarily connect punishment to wrongdoing and by developing expressivism into a novel theory of punishment, grounded in the valuative function punishment serves.
Offering …
Brief Of Nat’L Assoc. Of Crim. Defense Attorney & Nat’L Assoc. Of Fed’L Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438 (U.S.) (Feb. 2020)., Jenny Roberts
Amicus Briefs
Brief of Nat’l Assoc. of Crim. Defense Attorney & Nat’l Assoc. of Fed’l Defenders as Amicus Curiae, Pereida v. Barr, No. 19-438 (U.S.) (Feb. 2020).
Lie To Me: Examining Specific Intent Under 18 U.S.C. §§ 1001, 1035
Lie To Me: Examining Specific Intent Under 18 U.S.C. §§ 1001, 1035
Florida A & M University Law Review
One court notes that the Supreme Court of the United States (“SCOTUS”) has previously not found specific intent to be required under similar language within Section 1001.9 While there are many similarities between Sections 1001 and 1035, there are salient differences. Notwithstanding the differences, this Article argues that Sections 1001 and 1035 should be interpreted without “intent to deceive” and rather be interpreted as a strict liability offense. This argument began with Part I, which provided a brief introduction regarding specific intent under Sections 1001 and 1035. Part II examines the purpose of criminalizing false statements, which identifies why the …
Stare Decisis On Death Row: How The Florida Supreme Court Has Abandoned Stare Decisis Since 2020
Stare Decisis On Death Row: How The Florida Supreme Court Has Abandoned Stare Decisis Since 2020
Florida A & M University Law Review
This comment will analyze how the Florida Supreme Court has disregarded the doctrine of Stare Decisis throughout 2020 and the consequences of the four significant changes to Florida’s death penalty law. Part II discusses how the doctrine of stare decisis is defined and its origins. Part III addresses the need for certainty and reliability of the law for its survival as an institution. Part IV discusses how the court’s new composition has led the court to overturn precedent in death penalty law. Part V delves into the four major changes that the Florida Supreme Court has made relating to the …
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
NYLS Law Review
No abstract provided.
Criminal Trespass And Computer Crime, Laurent Sacharoff
Criminal Trespass And Computer Crime, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
The Computer Fraud and Abuse Act (CFAA) criminalizes the simple act of trespass upon a computer—intentional access without authorization. The law sweeps too broadly, but the courts and scholars seeking to fix it look in the wrong place. They uniformly focus on the term “without authorization” when instead they should focus on the statute’s mens rea. On a conceptual level, courts and scholars understand that the CFAA is a criminal law, of course, but fail to interpret it comprehensively as one.
This Article begins the first sustained treatment of the CFAA as a criminal law, with a full elaboration of …
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Seattle University Law Review
After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …
Beyond Unreasonable, John D. Inazu
Beyond Unreasonable, John D. Inazu
Scholarship@WashULaw
The concept of “reasonableness” permeates the law: the “reasonable person” determines the outcome of torts and contracts disputes, the criminal burden of proof requires factfinders to reach conclusions “beyond a reasonable doubt,” and claims of self-defense succeed or fail on reasonableness determinations. But as any first-year law student can attest, the line between reasonable and unreasonable is not always clear. Nor is that the only ambiguity. In the realm of the unreasonable, many of us intuit that some actions are not only unreasonable but beyond the pale—we might say they are beyond unreasonable. Playing football, summiting Nanga Parbat, and attempting …
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Pitzer Senior Theses
Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …
Registering A Home When Homeless: A Case For Invalidating Washington’S Sex Offender Registration Statute, Sarah Kohan
Registering A Home When Homeless: A Case For Invalidating Washington’S Sex Offender Registration Statute, Sarah Kohan
Washington Law Review Online
Sex offenders experiencing homelessness face unique challenges in Washington that sex offenders with housing do not. When individuals commit a sex offense, they are required to register as a sex offender by providing the state with a current home address. But what happens if an offender has no home? Currently, Washington’s sex offender registration statute forces sex offenders experiencing homelessness to appear in person weekly at the county sheriff’s office to meet registration requirements. Failing to appear for even one week can result in a charge for failure-to-register as a sex offender. In contrast, the statute requires non-homeless sex offenders …
Factually Baseless Enforcement Of Criminal Law Is Okay. Full Enforcement Is Not., Darryl K. Brown
Factually Baseless Enforcement Of Criminal Law Is Okay. Full Enforcement Is Not., Darryl K. Brown
Marquette Law Review
none.
The Defender General, Daniel Epps, William Ortman
The Defender General, Daniel Epps, William Ortman
Scholarship@WashULaw
The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the Supreme Court of the United States. The Supreme Court is effectively our nation’s chief regulator of criminal justice. But in the battle to influence the Court’s rulemaking, government interests have substantial structural advantages. As compared to counsel for defendants, government lawyers—and particularly those from the U.S. Solicitor General’s office—tend to be more experienced advocates who have more credibility with the Court. Most importantly, government lawyers can act strategically to play for bigger long-term victories, while defense lawyers must zealously advocate …
What’S Wrong With Police Unions?, Benjamin Levin
What’S Wrong With Police Unions?, Benjamin Levin
Scholarship@WashULaw
In an era of declining labor power, police unions stand as a rare success story for worker organizing—they exert political clout and negotiate favorable terms for their members. Yet, despite broad support for unionization on the political left, police unions have become public enemy number one for academics and activists concerned about race and police violence. Much criticism of police unions focuses on their obstructionist nature and how they prioritize the interests of their members over the interests of the communities they police. These critiques are compelling—police unions shield officers and block oversight. But, taken seriously, they often sound like …
Criminal Law In Crisis, Benjamin Levin
Criminal Law In Crisis, Benjamin Levin
Scholarship@WashULaw
In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig
Dalhousie Law Journal
Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has been convicted …
Profiling And Consent: Stops, Searches, And Seizures After Soto, Jeffrey A. Fagan, Amanda Geller
Profiling And Consent: Stops, Searches, And Seizures After Soto, Jeffrey A. Fagan, Amanda Geller
Faculty Scholarship
Following Soto v. State (1999), New Jersey was the first state to enter into a Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state police troopers, and the design of information technology to monitor the activities of the State Police. Compliance was assessed in part on the State’s progress toward the elimination of racial disparities in the patterns of highway stops and searches. We assess compliance by analyzing data on 257,000 vehicle stops on the New Jersey Turnpike …
Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd
Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd
GW Law Faculty Publications & Other Works
As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision. This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and, as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections. The quickly expanding use of GPS-equipped …