Criminal Law Commons^™

The International Control Of Illegal Drugs And The U.N. Treaty Regime: Preventing Or Causing Human Rights Violations?, Daniel Heilmann

Cardozo Journal of International and Comparative Law

The international drug control regime, established to preserve human health and welfare, faces criticism for prioritizing criminalization and punishment over education, harm reduction, and human rights. The regime's prohibition-oriented approach, while comprehensive, is challenged by modern human rights standards and the evolving illegal drug market. The article examines whether the regime remains effective and aligned with contemporary human rights principles, emphasizing the need to balance control measures with human rights protections.

The Impact Of Ashcroft V. Iqbal On Pleading, Alexander A. Reinert

Articles

No abstract provided.

District Committee Of The Tel Aviv-Jaffa District Bar Association V. Halberstadt, Hanan Melcer, Ayala Procaccia, Uzi Vogelman

Translated Opinions

Facts: The Respondent, a lawyer, was convicted of drug possession in a criminal proceeding after pleading guilty to offences of possession of dangerous drugs for personal use, and the growing of a dangerous drug, in violation of sections 7(a), the end of 7(c), and 6 of the Dangerous Drugs Ordinance [New Version], 1973. The Respondent possessed a net weight of 25.68 grams of the drug cannabis, for personal use, and also unlawfully cultivated a cannabis plant weighing 5,480, and another weighing 3,420. The Respondent also admitted that he had been using cannabis for three years. As a result of the …

Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank

Cardozo Law Review

No abstract provided.

Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton

Cardozo Law Review

Recent scholarship about the role of sentencing reform in reducing high levels of incarceration has focused on evidence-based, offender-specific solutions, such as how to better assess offenders' risk of recidivism and their amenability to diversionary programs. This Article proposes a new, systemic approach. In particular, it suggests that in cases where the primary rationale for steep sentences is crime reduction, as opposed to retributive notions of harm and blameworthiness, judges ought to engage in an evidence-based examination of how the government is making "use" of the sentences it seeks in its law enforcement efforts. And where the government's efforts fall …

The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Getting What They Are Owed: Restitution Fees For Victims Of Child Pornography, Jennifer Rothman

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of restitution liability to include possessors of child pornography, arguing that their actions cause distinct and ongoing harm to victims. It emphasizes that each possession or download revictimizes the child, invades their privacy, and perpetuates the market for such material, thus necessitating legal accountability and compensation.

Censoring Crimes, Barak Y. Orbach, Allison S. Woolston

Cardozo Arts & Entertainment Law Journal

Concerns regarding the harmful influence of films on youth and adults have always motivated censorship and justified, in some minds, greater government control over content. Many motion pictures portray illegal conduct-theft, robbery, embezzlement, arson, drug dealing, assault, rape, murder, treason, and other crimes. In most instances, commission of the underlying crime is not needed for the production of the film. Despite the perpetual fear of the "capacity for evil" of films, the legality of motion pictures that commercialize crimes has not been studied as a concept. This Essay explores the reasons for this neglect and examines the problems this omission …

Who Takes The Heat? Criminal Liability For Heat-Related Deaths In High School Athletics, David Feingold

Cardozo Journal of Equal Rights & Social Justice

The note argues that criminal liability is a necessary and effective measure to address the preventable nature of heat-related deaths in high school sports. It highlights the inadequacy of current civil systems and the protective barriers of qualified immunity, which often shield coaches and schools from accountability. The vulnerability of young athletes, who rely heavily on their coaches for safety, underscores the need for stricter accountability measures to ensure their protection and reduce such tragedies.

Using Gender Equality Analysis To Improve The Wellbeing Of Prostitutes, Barbara Havelkova

Cardozo Journal of Equal Rights & Social Justice

The article presents a framework for analyzing prostitution through the lens of gender equality, aiming to improve the wellbeing of prostitutes by offering regulators and judges a tool for evaluation. It challenges the asymmetric legal treatment of prostitutes and clients, arguing that such treatment violates gender equality principles. The framework proposes symmetric treatment or measures benefiting prostitutes to address structural inequalities rooted in gender, class, race, and socioeconomic status. The analysis draws on European and common law jurisdictions, emphasizing the need for gender-conscious policies to ensure fairness and proportionality.

Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López

Cardozo Law Review

No abstract provided.

Mondrowitz V. State Of Israel, Ayala Procaccia, Miriam Naor, Elyakim Rubinstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

An appeal against the decision by the Jerusalem District Court whereby the State’s request to declare the appellant eligible for extradition to the United States, and this in order that he be criminally prosecuted for serious sex offenses against minors which he allegedly committed in the 1980s, must be granted. Until 1984, when he moved to Israel, the appellant was a resident and citizen …

"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain

Cardozo Law Review

No abstract provided.

Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan

Cardozo Law Review

No abstract provided.

Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

Cardozo Law Review

This Article undertakes the first ever analysis of the consequences of the justice and legal system's extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman's lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …

The Faces Of Student Cell Phone Regulations And The Implications Of Three Clauses Of The Federal Constitution, Joseph O. Oluwole, William Visotsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the constitutionality of school district regulations on student cell phones, focusing on the Due Process Clause, the Free Speech Clause, and the Fourth Amendment. It argues that while schools have the authority to regulate cell phones to maintain an educational environment, such regulations must comply with legal standards to avoid infringing on students' rights. The analysis concludes that schools can enforce cell phone policies but must adhere to constitutional protections, particularly the Tinker test for speech and the T.L.O. test for searches.

Cohen V. Minister Of Defense, Dorit Beinisch, Miriam Naor, Uzi Vogelman

Translated Opinions

Petitions seeking remedies concerning the release of foreign arrestees who took part in a flotilla from Turkey to the Gaza Strip were rejected. Following the notice of the Attorney General regarding the release of the foreign arrestees, part of these petitions have become unnecessary, whereas regarding the petitions challenging the decision of the Attorney General, it a decision within the discretion of the Attorney General and there is no reason for intervention. The High Court of Justice (in an opinion written by Justice D. Beinisch) rejected the Petitions for the following reasons:

Following the decision of the Attorney General, the …

Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution, Daniel S. Medwed

Cardozo Law Review

No abstract provided.

Talking About Prosecutors, Alafair S. Burke

Cardozo Law Review

No abstract provided.

New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices

Cardozo Law Review

No abstract provided.

Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings

Cardozo Law Review

No abstract provided.

Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes?, Bruce A. Green

Cardozo Law Review

Prosecutors, criminal defense lawyers, judges, and legal academics from around the country recently met at the Benjamin N. Cardozo School of Law in New York to discuss prosecutors' compliance with their disclosure obligations. The overarching question was how prosecutors' offices could do a better job. To assist representatives of the legal profession in approaching this question from new directions, the Symposium organizers invited speakers from outside the legal profession to talk about the causes of error and methods used to reduce error in other contexts. One of the themes was that, outside the practice of law, individuals and institutions learn …

Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow

Cardozo Law Review

No abstract provided.

Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory

Cardozo Law Review

No abstract provided.

Defining Indefiniteness: Suggested Revisions To The Void For Vagueness Doctrine, Cristina D. Lockwood

Cardozo Public Law, Policy & Ethics Journal

The void for vagueness doctrine is itself indefinite. The current void for vagueness analysis provides that the law is void for vagueness if it fails to provide fair notice of the prohibited conduct or is so standardless that it allows for discriminatory enforcement. Uncertainty within the doctrine exists because the United States Supreme Court has not articulated a definitive position as to when facial review is appropriate in the void for vagueness analysis. Further, the Court's decision that a law can be void for vagueness based solely on a finding that there is a potential for discriminatory enforcement creates uncertainty …

Unconstitutional And Unnecessary: A Cost/Benefit Analysis Of "Crimes Involving Moral Turpitude" In The Immigration And Nationality Act, Amy Wolper

Cardozo Law Review

No abstract provided.

Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin

Cardozo Law Review

No abstract provided.

Description And The Evidentiary Production Of Images, Kyle J. Mcgee

Cardozo Law Review

No abstract provided.

Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing, Gabriel Hallevy

Cardozo Journal of Equal Rights & Social Justice

The article argues that the mistake of law defense is irrelevant in cases of culture-based crimes against women, particularly honor killings, committed by immigrants in Western societies. It asserts that such crimes, often justified by cultural preservation, warrant harsher sentencing rather than leniency due to cultural ignorance. The analysis distinguishes between first-generation immigrants and refugees, emphasizing that refugees should not receive special treatment in legal accountability. The article advocates for stricter legal measures to address these crimes and minimize their occurrence.

Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.