Criminal Law Commons^™

The Distraction That Is Stand Your Ground, Katryna Santa Cruz

FIU Law Review

No abstract provided.

Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile

Touro Law Review

No abstract provided.

How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan

Touro Law Review

No abstract provided.

The Defender General, Daniel Epps, William Ortman

Law Faculty Research Publications

No abstract provided.

Arbitrating With The Mafia: Why Civil Rico Statutes Are Improperly Used And How Class Action Arbitration May Provide Just Compensation For Forgotten Victims, Max Steinberg

Cardozo Journal of Conflict Resolution

From the nineteenth century onward, the United States has been overwhelmed by the rise of organized crime. For generations, criminal organizations have "infiltrated the social and economic fabric" of society and committed heinous crimes in almost every way imaginable. For decades, pop culture and Hollywood have been infatuated with criminal organizations. Movies, television shows, books, and podcasts have portrayed these organizations as interesting and complex entities. In most cinematic programs, the leaders of these mob organizations are the protagonists. Hollywood may portray fictional mob bosses as such, but in reality, their organizations often contain ruthless murderers. What seems to get …

Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan

Seattle University Law Review

This Note argues that the O’Dell decision was a watershed moment for criminal justice reform. It argues that the reasoning in O’Dell should be seized upon by the legislature to take action to remediate instances in which defendants are legal adults but do not possess the cognitive characteristics of an adult sufficient to justify adult punishment. Given both the scientific impossibility of identifying a precise age at which characteristics of youthfulness end and adulthood begins and the Court’s repeated recognition that these very factors impact culpability, the current approach to sentencing young offenders aged eighteen to twenty-five as adults simply …

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval

St. Mary's Journal on Legal Malpractice & Ethics

The prosecutor acts as a minister of justice with sweeping discretion to charge an individual with a crime, plea a case in a manner supported by the strength of the evidence, proceed to trial on a case, and even dismiss a case. He must balance the interest of the victim, the community, and the constitutional rights of the accused in every decision he makes.

This article will explore the role of the American prosecutor and discuss various ethical issues encountered on a daily basis. After a brief introduction, the author will succinctly discuss the history of the prosecutor and will …

Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil

Seattle University Law Review

This Article addresses the question of how the law should treat medical cannabis in the employment context. Using Colorado as a primary example, we argue that states such as Colorado should amend their constitutions and legislate to provide employment protections for employees who are registered medical cannabis cardholders or registered caregivers.

Part I briefly traces the legal regulation of cannabis from an unregulated medicine known as cannabis to a highly regulated illicit substance known as marijuana under the Controlled Substances Act. Our travail through this history reveals, unsurprisingly, an increasing demonization of cannabis throughout the twentieth century. That socio-legal demonization …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Human Trafficking Victims' Need For Vacatur: Demolishing Roadblocks To Freedom: An Analysis Of The Current State Laws In The United States, The Current Federal Landscape, And A Call For The United Nations To Amend An Existing Protocol To Allow Victims Of Human Trafficking To Vacate Their Criminal Records, Melissa Owens

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Ny State Marijuana Law Clears The Records Of Thousands, But Will It Help Immigrants?, Jaime Longoria, Harsha Nahata

Capstones

In July 2019, Governor Cuomo signed legislation that would clear criminal records for over 200,000 people with marijuana related convictions and reduce punishment for possession. But, there’s one group of New Yorkers who are left out — and that’s immigrants. With over 4 million immigrants in New York State, the lives of those with prior marijuana convictions are still in limbo. Harsha Nahata and Jaime Longoria spoke with immigrants and advocates to find out why. The full story can be found here: https://jaimelongoria.github.io/nys-marijuana-law/

Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley

Cleveland State Law Review

Regardless of the numerous differences between juveniles and adults, some states, including the State of Ohio, continue to impose upon juvenile homicide offenders one of the harshest forms of punishment: life without parole. In 2016, the United States Supreme Court decided Montgomery v. Louisiana, and in doing so, the Court reiterated its previous contention that a sentence of juvenile life without parole should only be imposed upon juvenile homicide offenders whose crimes reflect "irreparable corruption." The Supreme Court of Ohio has yet to apply the Court’s Montgomery decision, but this Note suggests that if it does, the court should …

Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk

Loyola of Los Angeles Law Review

In 2014, Proposition 47 reclassified seven low-level felonies to misdemeanors, demonstrating voters’ striking rejection of California’s historically punitive sentencing policies. This Note examines the recent wave of California Supreme Court jurisprudence interpreting Proposition 47 by exploring the court’s varied readings of the initiative’s ballot materials and statutory text. While the court has liberally construed relief for affected property crimes, it has responded ambivalently in more controversial areas such as drug offenses, mandatory parole periods, and automatic resentencing. This variation reveals ideological tensions between the goal of expanding ameliorative benefits to low-level offenders and anxiety regarding public safety. This Note analyzes …

The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson

Loyola of Los Angeles Law Review

The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …

Criminal Law And Procedure, Rachel L. Yates, John I. Jones Iv, Brittany Dunn-Pirio

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant appellate decisions and legislation.

Private Prisons, Private Governance: Essay On Developments In Private-Sector Resistance To Privatized Immigration Detention, Danielle C. Jefferis

Northwestern Journal of Law & Social Policy

No abstract provided.

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

No Treatment, No Hope, No Future: Decriminalization Of Heroin And Creation Of A Medical Dependent Standard, Alexander Mangano

Journal of Civil Rights and Economic Development

(Excerpt)

This Note will analyze the current ways heroin users are treated, stigmatized, and left with very little options upon recovery to support themselves and live a normal, productive life. Specifically, this Note will focus on how New York handles heroin users and their experiences with the criminal justice system. This Note proposes the decriminalization, not legalization, of only heroin use. To help addicts with recovery, diversionary courts and programs should be removed from the criminal justice system and instead act as a civil court. Additionally, the creation of a “medical dependent” classification will allow families to effectively force the …

Protecting The Expecting: A Proposal To Include Pregnancy As An Aggravating Circumstance, Nicole Atlak

Journal of Civil Rights and Economic Development

(Excerpt)

This Note brings attention to the New York Legislature’s failure to consider the unique vulnerability and harms of pregnant victims of domestic violence and proposes a statutory amendment. This Note proposes that Section 827(a)(vii) of New York’s Family Court Act be amended to include an additional aggravating circumstance with language to the effect of “any physical injury or psychological, emotional or sexual abuse to a pregnant woman.” This addition is necessary to ensure the list of aggravating circumstances is thorough, and more complete in encompassing all serious and heinous domestic abuse.

Part II of this Note will offer a …

Spousal Support And Domestic Violence: What Happens When The Dependent Spouse Is The Abuser?, Maria Stamatelatos

Journal of Civil Rights and Economic Development

(Excerpt)

Therefore, this Note proposes that New York and other states enact legislation similar to that of the California Family Code, which enacted statutes that prevent someone from obtaining spousal support if they attempted to murder their spouse, committed a violent sexual felony against their spouse, or were convicted of a domestic violence offense against their spouse. The reformed legislation would prohibit judges from awarding spousal support to individuals convicted of attempting to murder their spouse, and would require courts to look carefully at the facts surrounding each case where a spouse has been indicted or convicted of a violent …

Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird

Brigham Young University Journal of Public Law

No abstract provided.

We The People: These United Divided States, Catherine Powell

Cardozo Law Review

In the wake of President Trump's announcement that he will withdraw the United States from the 2015 Paris Agreement on climate change, then-California Governor Jerry Brown called on the President to fight climate change or to "get out of the way" while the rest of the world works to reduce emissions and invest in clean energy. Similarly, former New York City Mayor Michael Bloomberg-now a United Nations (U.N.) Special Envoy for Cities and Climate Change-said, "If Washington won't lead, then mayors and governors will." Indeed, Trump's threat to withdraw has not only been met with widespread criticism and derision abroad …

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.

Due Process Court Of Appeals

Touro Law Review

No abstract provided.

Supreme Court Queens County

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.