Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (237)
- University of Michigan Law School (101)
- Roger Williams University (76)
- Yeshiva University, Cardozo School of Law (76)
- BLR (63)
-
- St. Mary's University (48)
- Texas A&M University School of Law (47)
- University of Rhode Island (35)
- Brooklyn Law School (34)
- New York Law School (31)
- Pepperdine University (29)
- Touro University Jacob D. Fuchsberg Law Center (29)
- UIC School of Law (28)
- University of Miami Law School (27)
- American University Washington College of Law (26)
- Georgia State University College of Law (26)
- Northwestern Pritzker School of Law (25)
- Columbia Law School (22)
- Schulich School of Law, Dalhousie University (22)
- University of Georgia School of Law (22)
- University of Maine School of Law (22)
- University of Nebraska - Lincoln (21)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (21)
- University of Richmond (21)
- Washington University in St. Louis (20)
- Fordham Law School (18)
- Maurer School of Law: Indiana University (18)
- Penn State Dickinson Law (18)
- Cornell University Law School (17)
- University of Kentucky (17)
- Keyword
-
- Criminal law (109)
- Law and Society (94)
- Criminal Law and Procedure (85)
- Criminal (67)
- Criminal justice (66)
-
- Crime (56)
- Justice (55)
- Police (53)
- Criminal Law (50)
- Sentencing (50)
- Race (47)
- Punishment (46)
- Law (44)
- Incarceration (42)
- Violence (41)
- Death penalty (38)
- Discrimination (37)
- Evidence (36)
- Legislation (36)
- Criminal procedure (35)
- Constitutional Law (34)
- Legal (34)
- Recidivism (34)
- Prison (32)
- Women (32)
- Courts (31)
- Criminal Justice (30)
- Court (29)
- Prostitution (29)
- Crimes (28)
- Publication Year
- Publication
-
- Seattle University Law Review (229)
- Faculty Scholarship (94)
- ExpressO (62)
- Michigan Law Review (55)
- Articles (47)
-
- Life of the Law School (1993- ) (41)
- Dignity: A Journal of Analysis of Exploitation and Violence (34)
- Cardozo Law Review (30)
- NYLS Law Review (30)
- Scholarly Works (22)
- Georgia State University Law Review (21)
- Pepperdine Law Review (20)
- Scholarship@WashULaw (20)
- St. Mary's Law Journal (20)
- UIC Law Review (20)
- Maine Law Review (19)
- Nebraska Journal on Advancing Justice (19)
- Dickinson Law Review (2017-Present) (17)
- The Scholar: St. Mary's Law Review on Race and Social Justice (17)
- Touro Law Review (17)
- Cornell Law Faculty Publications (16)
- School of Law Conferences, Lectures & Events (16)
- Articles, Book Chapters, & Popular Press (14)
- Publications (14)
- University of Michigan Journal of Law Reform (14)
- University of Richmond Law Review (14)
- Faculty Publications (13)
- Georgetown Law Faculty Publications and Other Works (13)
- Journal of Law and Policy (12)
- Brooklyn Law Review (11)
- Publication Type
- File Type
Articles 781 - 810 of 1617
Full-Text Articles in Criminal Law
Harm, Sex, And Consequences, India Thusi
Harm, Sex, And Consequences, India Thusi
Utah Law Review
At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay
The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay
Seattle University Law Review
This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready to …
When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr
Seattle University Law Review
This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.
Constraint And Control, Patricia Ayres
Constraint And Control, Patricia Ayres
Theses and Dissertations
I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.
Burning A Hole In The Pocket Of Justice: Prop. 66'S Underfunded Attempt To Fix California's Death Penalty, Flavia Costea
Burning A Hole In The Pocket Of Justice: Prop. 66'S Underfunded Attempt To Fix California's Death Penalty, Flavia Costea
Loyola of Los Angeles Law Review
California has struggled with the administrative and financial burdens of a flawed death penalty system for decades. In an effort to save the death penalty, the voters of California enacted Proposition 66, which promised to deliver a quicker and more cost-effective system. This Article focuses on the provision of Prop. 66 that expands the number of lawyers who can act as defense lawyers for inmates on death row. While this provision superficially seems to solve the shortage of defense attorneys willing to take on death penalty cases, without significant funding, the shortage of resources and pressure to speed up executions …
The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze
The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze
Department of Justice Studies Faculty Scholarship and Creative Works
This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …
Reckless Juveniles, Kimberly Thomas
Reckless Juveniles, Kimberly Thomas
Articles
Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
School of Law Public Interest Auction
No abstract provided.
Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden
Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden
Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein
Law School Blogs
No abstract provided.
Teaching Justice-Connectivity, Michael Pinard
Teaching Justice-Connectivity, Michael Pinard
Faculty Scholarship
This Essay conveys the importance of building in law students the foundation to recognize the various systems, institutions, and conditions that often crash into the lives of their clients, as well as the residents of the communities that are just outside law schools’ doors. It does so through proposing a teaching model that I call Justice-Connectivity. This model aims for students to understand and be humbled by the ways in which different institutions, systems, and strands of law converge upon, oppress, isolate, and shun individuals, families, and communities. The ultimate teaching lesson is that individuals, families, and communities are often …
From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl
From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl
Scholarly Articles
This essay refracts the criminal conviction and reparations order of the International Criminal Court (ICC) in the Al Mahdi case into the much broader frame of increasingly heated public debates over the protection, removal, defacement, relocation, display and destruction of cultural heritage in all forms: monuments, artefacts, language instruction, art and literature. What might the work product of the ICC in the Al Mahdi proceedings -- and international criminal law more generally -- add, contribute or excise from these debates? This essay speculatively explores connections between the turn to penal law to protect cultural property and the transformative impulses that …
Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson
Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson
Intercultural Human Rights Law Review
Justice and human dignity have an organic and symbiotic relationship. The American Bar Association's Functions and Duties of the Prosecutor Standard 3-1.2(a) outlines that "[t]he prosecutor is an administrator of justice . . . [and] should exercise sound discretion and independent judgement in the performance of the prosecution function." The ABA standards further prohibit improper bias2 and proscribe a duty to report and respond to prosecutorial misconduct.3 ABA Standard 3-1.2(b) states: "The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict." 4 Although rarely openly discussed, I ask now, is …
The Justice System Is Criminal, Raven Delfina Otero-Symphony
The Justice System Is Criminal, Raven Delfina Otero-Symphony
2020 Award Winners
No abstract provided.
Mens Rea In Comparative Perspective
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …
Punished For Poverty, Andrew Rock
Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock
Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock
Criminal Law Practitioner
No abstract provided.
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts
Faculty Scholarship
No abstract provided.
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding Miranda Language, Wadad Barakat
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding Miranda Language, Wadad Barakat
St. Thomas Law Review
This Comment addresses the negative implications of juveniles who waive their Miranda rights due to lack of knowledge, fear, and lack of cognitive capabilities." First, this Comment will provide insight regarding the Fifth Amendment, the history of Miranda, and key cases that lead to the reform of Miranda. Second, this Comment will discuss juveniles' perspective of the Miranda language along with the police's perspective. In particular, it will emphasize the complexity of the language as it stands today and how juveniles' cognitive abilities are insufficiently developed to understand it. Lastly, this Comment will propose guidelines to prevent minors from giving …
Integrating The Access To Justice Movement, Lauren Sudeall
Integrating The Access To Justice Movement, Lauren Sudeall
Faculty Publications By Year
Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in a …
Third-Class Citizenship: The Escalating Legal Consequences Of Committing A "Violent" Crime, Michael O'Hear
Third-Class Citizenship: The Escalating Legal Consequences Of Committing A "Violent" Crime, Michael O'Hear
Journal of Criminal Law and Criminology
For many years, American legislatures have been steadily attaching a wide range of legal consequences to convictions—and sometimes even just charges—for crimes that are classified as “violent.” These consequences affect many key aspects of the criminal process, including pretrial detention, eligibility for pretrial diversion, sentencing, eligibility for parole and other opportunities for release from incarceration, and the length and intensity of supervision in the community. The consequences can also affect a person’s legal status and rights long after the sentence for the underlying offense has been served. A conviction for a violent crime can result in registration requirements, lifetime disqualification …
The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine
The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine
Mitchell Hamline Law Review
No abstract provided.
From Poverty To Personhood: Gideon Unchained, Ken Strutin
From Poverty To Personhood: Gideon Unchained, Ken Strutin
Mitchell Hamline Law Review
No abstract provided.
Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger
Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger
Mitchell Hamline Law Review
No abstract provided.
Virtual Hearings And Blockchain Technology Solutions In Criminal Law, Chantell Bergquist
Virtual Hearings And Blockchain Technology Solutions In Criminal Law, Chantell Bergquist
Political Science Theses and Capstones
Technology has evolved and raided our personal and professional lives. Although the courts are not immune to the advancement and integration of technology, the courts are not keeping up with relevant technological advancements. Historically, courts have been hesitant to embrace new technologies despite the Federal Rules of Civil Procedure and the American Bar Association Model Rules of Professional Conduct. Rule 1 of the Federal Rules of Civil Procedure creates the right to a “just, speedy, and inexpensive determination of every action and proceeding.” Likewise, the American Bar Association Model Rules of Professional Conduct have determined attorneys must “keep abreast of …
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry
Dickinson Law Review (2017-Present)
The U.S. Constitution grants American citizens numerous Due Process rights; but, historically, the Supreme Court declined to extend these Due Process rights to children. Initially, common-law courts treated child offenders over the age of seven in the same manner as adult criminals. At the start of the 20th century, though, juvenile reformers assisted in creating unique juvenile courts that used the parens patriae doctrine and viewed children as delinquent youths in need of judicial parental guidance rather than punishment. Later, starting in 1967, the Supreme Court released multiple opinions extending certain constitutional Due Process rights to children in juvenile delinquency …