Criminal Law Commons^™

The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin

Popular Media

No abstract provided.

The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina

Indonesia Law Review

Abstract

A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …

The Myth Of The All-Powerful Federal Prosecutor At Sentencing, Adam M. Gershowitz

St. John's Law Review

(Excerpt)

Prosecutors are widely considered to be the most powerful actors in the criminal justice system. And federal prosecutors are particularly feared. While some recent scholarship casts doubt on the power of prosecutors, the prevailing wisdom is that prosecutors run the show, with judges falling in line and doing as prosecutors recommend.

This Article does not challenge the proposition that prosecutors are indeed quite powerful, particularly with respect to sentencing. There are many structural advantages built into the system that combine to give prosecutors enormous influence over sentences. For example, prosecutors have considerable power to bring a slew of charges …

Crisis Intervention Team Training And Use Of Force On Persons With Mental Illnesses, Xavier Aguirre

Electronic Theses, Projects, and Dissertations

The criminological literature on the effects of Crisis Intervention Training (CIT) among police in handling of crisis situations involving persons with mental illness (PMI) has emerged as a critical in modern policing. This study seeks to add to the literature on policing persons with mental illness by investigating the effects of CIT training, officer characteristics, and crisis incidences in the Seattle, Washington Police Department. There are two models that is used for this study. The first model focuses on the aforementioned factors in predicting police to use force in such incidents. The second model focus on officer dispositions. The data …

The Unchosen: Procedural Fairness In Criminal Specialty Court Selection, Shanda K. Sibley

Cardozo Law Review

Specialized criminal courts were created in an effort to offer nonpunitive responses to the commission of crime. The promise of these courts was that they would remove select populations from the traditional legal system and offer them something different, and perhaps better, than mere punishment and incapacitation.

However, the current selection processes for specialized courts—in which judges and prosecutors have almost completely unfettered discretion to decide both the criteria by which potential participants will be allowed to participate and whether any individual defendant meets such criteria—perverts the notion of providing specialized services to specific populations. Instead of selecting defendants based …

Acts Of Justice: Restoring Justice For Immigrants Through State Pardons, Sadie M. Casamenti

Cardozo Law Review

No abstract provided.

Child Pornography And Criminal Justice Reform, Dawinder S. Sidhu, Kelsey Robinson

Cardozo Law Review

Drug offenses lie at the heart of the movement for criminal justice reform, and for good reason. Drug policy is defined by severe and disproportionate penalties owing to a retributive, factually flawed, and hurried congressional process. These central characteristics apply to the child pornography context as well. Though drug sentencing is problematic enough, child pornography sentencing is arguably worse. The U.S. Sentencing Commission has disavowed the child pornography sentencing guidelines and invited judges to vary from them. Judges have done just that, varying in sixty-three percent of all cases, more than any other offense type.

In this Article, we identify …

Criminal Court System Failures During Covid-19: An Empirical Study, Cynthia Alkon

Faculty Scholarship

How did the criminal legal system respond to the early months of pandemic in 2020? This article reports the results of a unique national survey of judges, defense lawyers, and prosecutors that gives a snapshot of how the criminal legal system responded to the COVID-19 in the first five chaotic months. Criminal courts in the United States rely on in-person proceedings and formal and informal in-person communications to manage caseloads. The survey results detail, in ways not previously fully understood, how crucial these in-person communications are and how ill-prepared the criminal courts and legal professionals were to deal with the …

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.

The Role Of Psychological Analysis Of The Suspect's Personality In Unravelling The Crime Mystery, Ali Bin Nayei

Journal of Police and Legal Sciences

The aim of this study was to determine the role of psychological analysis of the suspect's personality in unraveling the mystery of the crime, as well as to identify methods for uncovering the crime mystery through analyzing the suspect's personality by training the human element in modern techniques to keep up with the continuous developments in this field. This study relied on the analytical and inductive approach, given the interpretation and analysis of the theory of psychological analysis in uncovering the mystery of the crime and identifying the suspect, as well as addressing legal texts and analyzing them, and subsequently …

Regulations And Effects Of Foreigners' Deportation Decisions A Comparative Study, Raad Alhammadin

Journal of Police and Legal Sciences

The aim of the study was to identify the procedural and objective legal principles specific to the deportation of foreigners that need to be considered within the legal framework of deportation. The study relied on a descriptive analytical approach, which involved observing, analyzing, and highlighting the elements of the subject. It concluded that the purpose of deporting foreigners is the state's right to expel non-citizens from its territory for reasons related to its internal or external security and in accordance with applicable laws. The regulations are considered safeguards to ensure the proper exercise of administrative authority in issuing deportation decisions …

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

Freedom From Speech, Mary Anne Franks

Articles

The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others. This essay attempts to highlight the significance of freedom from speech in order to clarify the importance of the First Amendment right against compelled speech; provide an explanation for when the right of free speech yields to other rights; and offer a …

Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis

South Carolina Law Review

No abstract provided.

Defense Counsel's Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts

Faculty Scholarship

No abstract provided.

The Icc Reform Process And The Failure To Address The African State Concerns On The Sequencing Of Peace With Criminal Justice Under Article 53 Of The Rome Statute, Charles C. Jalloh

Articles

The relationship of African States with the permanent International Criminal Court (ICC) is critical to the continued success of the ICC and the development of international criminal law. One of the main criticisms of the ICC, by some African States, has centered on the question of how best to sequence peace with justice, or justice with peace, in situations of ongoing conflict such as in Uganda and Sudan. This paper examines the history of the peace-justice clash on the African continent in the context of the 2019 Assembly of States Parties mandated process of ICC reform, taking into account the …

Does Public Health Start Within Jails? A New Incentive For Reform Of Wisconsin's Bail System, Mahmood N. Abdellatif

Marquette Law Review

Wisconsin’s Milwaukee and Dane Counties are among many jurisdictions in the country employing modern bail reforms, specifically the Public Safety Assessment (PSA). Most of these jurisdictions adopted the PSA before the advent of the COVID-19 pandemic in the United States, but are increasingly relevant as the virus continues to derail public health measures. Through the intersection of detainees, correctional officers, judicial officials, attorneys, and visitors, millions of Americans filter in and out of correctional facilities on an annual basis. These facilities serve as a microcosm of society and breeding ground for mass infection. The COVID-19 pandemic amplified an existing need …

Resurrecting Arbitrariness, Kathryn E. Miller

Articles

What allows judges to sentence a child to die in prison? For years, they did so without constitutional restriction. That all changed in 2012’s Miller v. Alabama, which banned mandatory sentences of life without parole for children convicted of homicide crimes. Miller held that this extreme sentence was constitutional only for the worst offenders—the “permanently incorrigible.” By embracing individualized sentencing, Miller and its progeny portended a sea change in the way juveniles would be sentenced for serious crimes. But if Miller opened the door to sentencing reform, the Court’s recent decision in Jones v. Mississippi appeared to slam it …

Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck

Scholarly Articles

The core question raised by this case is whether a federal prisoner serving an unconstitutional sentence can be foreclosed from post-conviction habeas relief by the gatekeeping provisions of § 2255. The Constitution answers that question in the negative through the Suspension Clause. “[F]reedom from unlawful restraint [i]s a fundamental precept of liberty,” and the writ of habeas corpus “a vital instrument to secure that freedom.” Boumediene, 553 U.S. at 739. The importance of the common law writ was such that the Framers specified that it could be suspended only in the most exigent circumstances. U.S. Const. art. I, § …

24th Annual Open Government Summit 2022, Roger Williams University School Of Law, Rhode Island Office Of The Attorney General

School of Law Conferences, Lectures & Events

No abstract provided.

No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler

Nevada Law Journal

No abstract provided.

Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis

University of Arkansas at Little Rock Law Review

No abstract provided.

Lying At Plea Bargaining, Thea Johnson

Georgia State University Law Review

This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the problematic system it seeks to avoid.

The Article lays out a taxonomy of lying at plea bargaining by organizing the types of lies into three categories: lies about facts, lies about law, and lies …

Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams

Journal of Law and Policy

American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …

Restorative Justice And Anti-Racism, Martha Minow

Nevada Law Journal

No abstract provided.

Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta

Journal of Law and Policy

The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …

The Coming Causation Revolution In Employment Discrimination Litigation, D’Andra Millsap Shu

Cardozo Law Review

For more than a decade, employment discrimination causation law has been a confusing, often overly restrictive quagmire that has contributed substantially to the paltry success rate of plaintiffs in employment discrimination cases. Most of these cases are dismissed pretrial, all too often based on a failure of causation. A key reason traces back to loose and misleading language—centered on a single word—in a 2009 Supreme Court opinion involving the but-for causation standard that applies in most discrimination cases. The Court said that the discriminatory motive must be “the” but-for cause of the employer’s action when it should have said “a” …

Redefining Risk: Judicially Heightened Risk Standards And Hiv-Specific Criminal Laws, Bryan Olert

Cardozo Law Review

No abstract provided.