Criminal Law Commons^™

Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar

Criminal Law Practitioner

No abstract provided.

From Selfies To Shackles: Why The Government May Be Able To Search Your Cell Phone Without A Warrant, Rochelle Brunot

Criminal Law Practitioner

No abstract provided.

From The Editors, Megan Petry, Joseph Hernandez

Criminal Law Practitioner

No abstract provided.

Drowned Out Without Discovery: Post-Conviction Procedural Inadequacy In An Era Of Habeas Deference, Rachel Cohen, Krista Dolan

Criminal Law Practitioner

No abstract provided.

D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects, Monika Mastellone

Criminal Law Practitioner

No abstract provided.

Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya

Criminal Law Practitioner

No abstract provided.

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Scholarly Articles in Law Reviews & Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

In October 2012, a panel of the D.C. Circuit dealt a blow to the United States’ post- September 11, 2001 decade-long experiment with military commissions as a forum for trying Guantanamo Bay detainees. Specifically, the court concluded that prior to the 2006 statutory reforms, military commission jurisdiction was limited to violations of internationally-recognized war crimes; that providing material support to terrorism was not an internationally-recognized war crime; and that the military commission conviction of Salim Hamdan for material support charges based on pre-2006 conduct was therefore invalid. Three months later, a panel of the D.C. Circuit reached the same conclusion …

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …

"I Am Ronald Cotton": Teaching Wrongful Convictions In A Criminal Law Class, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Toward A Conceptual Framework For Trauma-Responsive Practice In Courts, Shawn C. Marsh, Joan Byer

Criminal Law Practitioner

No abstract provided.

Indemnification Agreements & Right To Counsel For Individuals And Corporations: Implications And Pitfalls For Prosecutors And Defense Counsel In Complex White-Collar Enforcement And Asset Forfeiture Actions, Joseph Hernandez

Criminal Law Practitioner

No abstract provided.

Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi

Research Reports & White Papers

From 1999 to 2012, The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law had a cooperative agreement with the National Institute of Corrections (NIC) to provide training to high-level correctional decisionmakers on key issues in addressing and investigating staff sexual misconduct. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and offender-on-offender sexual abuse. In 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on addressing sexual abuse of youth in custody. This handbook …

Crashing The Misdemeanor System, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.

Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …

Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

I thoroughly enjoy every course in my teaching package, but the first-year Criminal Law course occupies a special place in my heart. The subject matter in the Criminal Law course is perhaps the most compelling of any offered in the first-year curriculum. As such, it provides Criminal Law instructors the tremendous opportunity to capture the imagination of students and to highlight the nexus between law in books and law in action.

The "Smart On Crime" Prosecutor, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

"Smart on Crime" criminal justice reforms have emerged in recent years as shrinking government budgets and exploding incarceration rates have prompted scrutiny of the efficiency and efficacy of existing criminal justice approaches. Policymakers across the country have sought out new strategies designed to prevent crime and recidivism, enhance community safety, reduce our reliance on incarceration, and save taxpayer dollars. As a result, law enforcement, courts, and correctional agencies have been implementing innovative approaches in areas such as diversion, problem-solving courts, alternatives to incarceration, and ex-offender re-entry. However, the role of prosecutors and prosecutorial agencies in this story is often overlooked. …

What Use Are Legal Academics?, Roger Fairfax

Presentations

No abstract provided.

Batson's Grand Jury Dna, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …

Prea 101 For Juvenile Justice Agencies, Brenda V. Smith

Presentations

No abstract provided.

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

Legislation and Policy Brief

In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …

Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …

What Were They Thinking?: Competing Culpability Standards For Punishing Threats Made To The President, Craig Matthew Principe

American University Criminal Law Brief

No abstract provided.

Black Beauty - How Schultz And The Trial Of Marion True Changed Museum Acquistions, Michael Murali

American University Criminal Law Brief

No abstract provided.

Letter From The Editor, Monica Trigoso

American University Criminal Law Brief

No abstract provided.

Jobs! How The Economy Has Affected Employment In The Criminal Sector, Bethany J. Peak

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch:Recent Decisions Of Selected Criminal Cases, Max P. Salazar, Jr.

American University Criminal Law Brief

No abstract provided.

Facebook And Myspace In The Courtroom: Authentication Of Social Networking Websites, Julia Mehlman

American University Criminal Law Brief

No abstract provided.