Criminal Law Commons^™

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira M. Diner

Faculty Scholarship

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Putusan Arbitrase Asing Dapat Dibatalkan Di Indonesia, Tineke Teugeh Longdong

Jurnal Hukum & Pembangunan

Abstract

Dimensi Hukum Tentang Penanganan Ketertiban Di Dki Jakarta, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

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From Chains To Handcuffs: Confronting The Racial Legacy Of Prison Labor And The Urgency Of Reform, Hibah Hasan

Criminal Law Society Blog

This article examines prison labor in the United States as a system rooted in the 13th Amendment’s exception clause and shaped by post–Civil War practices such as Black Codes and convict leasing. It argues that, although formally abolished, the racialized logic of forced labor persists through modern mass incarceration, where incarcerated individuals—disproportionately Black men—perform essential work for little to no pay and without basic labor protections. The article analyzes how this system reflects a continuation of historical exploitation and proposes reforms, including fair compensation, voluntary participation, and expanded labor protections, to align prison labor with principles of rehabilitation and justice.

Pelaksanaan Azas·Azas Pemilu Dalam Undang-Undang Pemilu (Studi Kasus Dki Jakarta Tahun 1987), Abdu! Bari Azed

Jurnal Hukum & Pembangunan

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Menanti Lahirnya Undang-Undang Pinjaman Luar Negeri, Yuli Indrawati

Jurnal Hukum & Pembangunan

Abstract

Mereposisi Hubungan Yudikatif Dengan Eksekutif Dan Legislatif Dalam Konteks Amandemen Uud 1945, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Pembatasan Hak Presiden Untuk Menuangkan Kebijakannya Melalui Pembuatan Keppres, Heri Tjandrasari

Jurnal Hukum & Pembangunan

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Efektivitas Dan Reorientasi Sistem Pendidikan Dalam Menciptakan Aparat Penegak Hukum Yang Terpercaya Dan Profesional, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Peranan Ketentuan More Valuable Right (Mfr) Pasal Vii (I) Dalam Pelaksanaan Konvensi New York 1958, Tineke Tuegeh Longdong

Jurnal Hukum & Pembangunan

Abstract

Masalah-Masalah Kewarganegaraan Dalam Konteks Perubahan Uu Tentang Kewarganegaraan Ri, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Penerapan Lembaga "Rechtsverwerking” Untuk Mengatasi Kelemahan Sistem Publikasi Negatif Dalam Pendaftaran Tanah, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Perbandingan Hukum Dan Pendidikan Hukum, Wahyono Darmabrata

Jurnal Hukum & Pembangunan

Abstract

A Right With No Standard: The Crisis Of Adequate Counsel In Capital Cases, Luz M. Payán

Criminal Law Society Blog

“A Right With No Standard: The Crisis of Adequate Counsel in Capital Cases,” criticizes the persistent lack of uniform standards governing legal representation in capital cases and argues that these disparities undermine the criminal legal system as a whole. It highlights the various differences in state qualification standard which allow attorneys to represent a defendant in a capital case. Even further, this Article points to the lack of mitigation specialist requirements in a majority of states. To effectively safeguard a defendant’s constitutional rights, this Article urges that the American Bar Association revise its Guidelines for the Appointment and Performance of …

You Can Be Innocent—Or You Can Be Free: Prosecutorial Power And Dark Pleas In Innocence Litigation, Tori Simkovic, Craig Trocino

University of Miami Race & Social Justice Law Review

This Article examines the phenomenon Justice Michael P. Donnelly has termed the “dark plea.” A dark plea is a post-conviction guilty plea extracted from defendants who maintain their innocence but accept freedom over exoneration. Through the lens of State of Florida v. Lawrence K. Johnson, this Article exposes how dark pleas operate at the precise moment when newly discovered evidence threatens to unravel a conviction and expose actual innocence in a nearly two decades old wrongful conviction. Johnson’s case illustrates the coercive dynamics of this type postconviction “bargaining.” After eighteen years of incarceration, compelling DNA recantation evidence, and an appellate …

Unsettling Settled Science: The Perils Of And Rationale Behind Blind Faith In Forensic Evidence, Jaclyn Marra

University of Miami Race & Social Justice Law Review

Science—a seemingly compelling and infallible adjudicative element—plays a pivotal role in criminal trials, serving as a cornerstone for evidence interpretation and decision-making. However, the perceived infallibility of scientific evidence often masks its inherent limitations and vulnerabilities. Forensic methods, widely regarded as objective and precise, can suffer from a plethora of inconspicuous constraints—including flawed methodologies, human error, and biases—which undermine their reliability. The American public and legal system frequently place undue trust in forensic evidence and experts, influenced by portrayals of their certainty in media and popular culture. This phenomenon has been referred to as the “Reverse CSI Effect.” This note …

Penanggulangan Masalah Preman Ditinjau Dari Sudut Politik Kriminil, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Crimmigration: How It Can Protect Immigrant Rights, Aspen Griffing

Criminal Law Society Blog

“Crimmigration: How it Can Protect Immigrant Rights,” addresses the expansion of Immigration and Customs Enforcement under the Trump II Administration and its impact on the immigrant community in the United States. This Article recognizes the punitive nature that civil immigration proceedings, oftentimes posing consequences as severe as those in criminal proceedings. As such, this Article proposes a procedural concept of “crimmigration” to protect immigrant rights. A “crimmigration” framework would offer immigrants the right to Miranda warnings, prompt judicial determinations of probable cause, the right to a speedy trial, and the right to appeal, among other protections. While the harms caused …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

Evaluasi Terhadap Undang-Undang Pemilu Dan Peraturan Pelaksanaannya Kearah Penyempurnaan Sistim Pemilu, M. Riza Sihbudi

Jurnal Hukum & Pembangunan

Abstract

Aspek Yuridis Pemutusan Hubungan Kerja Di Perusahaan Swasta, Abdul Bari Azed

Jurnal Hukum & Pembangunan

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Facing The Accused: The Confrontation Clause And Protecting Child Victims Of Sexual Abuse, Raquel Pearson

Idaho Law Review

The Sixth Amendment’s Confrontation Clause provides individuals the right to confront witnesses testifying against them. For decades, Idaho case law has grappled with the delicate balance between protecting victims of sexual assault and upholding defendants’ rights to cross examine their accusers. This delicate balance is further exacerbated when sexual assault cases involve minors, particularly in deciding whether victim statements implicate the Confrontation Clause. The Idaho Supreme Court considers the totality of the circumstances when evaluating whether a defendant’s right to confront a witness has been violated, but the standard for when the Clause is triggered remains unclear.

This Note seeks …

Delusions Of Judicial Grandeur: State V. Wierson And The Return To Statutory Sanity, Max Jordan Katz

Mercer Law Review

Georgia’s insanity defenses have long reflected tension between accountability and mental illness. The State’s statutory framework, which preserves both a “mental incapacity” and “delusional compulsion” defense, reflects this tension. Yet for decades, the Supreme Court of Georgia’s decision in Bailey v. State imposed a judicial limitation: a defendant who “brought about” her own delusion through voluntary acts or omissions could not claim insanity. The court’s recent decision in State v. Wierson marks a turning point. In Wierson, the court considered whether noncompliance with psychiatric medication preempts the defendant from invoking statutory insanity defenses. Rejecting Bailey, the court reasserted the primacy …

Deliberately Silenced, Rachel Kincaid

Mercer Law Review

The Prison Litigation Reform Act is celebrating its 30^th birthday this year. It was designed to make it harder for incarcerated people to file lawsuits challenging the constitutionality of their conditions of confinement and to restrict their remedies even when they do so successfully. It has been wildly effective at achieving those objectives. It has also propped up mass incarceration and facilitated the persistence of dismal conditions of confinement in carceral facilities in the United States.

The PLRA’s exhaustion requirement—arguably its most damaging provision—silences carceral voices without regard for the merit of their complaints. It does so by mandating …

The Evasive Epidemic Of Missing Black Children, Trinity D. Garlick

Criminal Law Society Blog

The Evasive Epidemic of Missing Black Children” brings to light the disproportionately low amount of media support for missing Black Children. It draws on examples of missing Black Children, like Adam Walsh and other Atlanta Black children, to illustrate how Black children have gone ignored by the public for too long. It discusses factors such as failure of state legislatures, lack of media exposure, unfair and racial fixed labels, and law enforcement discretionary conduct, as the leading drivers of the epidemic of missing Black children. This Article then dives into efforts to reform the American system to adequately address when …

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

Abstract

Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

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