Criminal Law Commons^™

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.

Human Trafficking In Maine: Protection, Prevention, And Prosecution: The Need For A Stand-Alone Statute, Laura M. Cyr

Muskie School Capstones and Dissertations

The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat the crime of organized firms engaging in the trafficking of humans. The TVPA has resulted in competing definitions and competing agendas which contribute of a public misunderstanding of the nature and scope of human trafficking as a domestic policy issue. Early goals of protection of victims, prevention of future trafficking crimes, and prosecution of traffickers have not been met with empirically driven success. This paper outlines obstacles facing evidence-based legislation in the state of Maine which currently has no stand- alone law protecting victims of sex …

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - Polito V. Walsh, William Pike

Touro Law Review

No abstract provided.

The Unfair Sentencing Act: Racial Disparities And Fiscal Consequences Of America's Drug Laws, Kristin Zimmerman

Themis: Research Journal of Justice Studies and Forensic Science

In 1986, the United States government attempted to combat the perceived war on drugs by enacting mandatory drug laws, with a primary focus on incarcerating crack offenders. The result of this was a mass influx of African Americans to US penitentiaries and minimal to zero reduction of crack convictions. Because the Anti-Drug Abuse Act of 1986 recognized 100 grams of cocaine as equivalent to one gram of crack, it has been perceived not as a war on drugs, but as a war on a war on minorities. The mass incarceration of drug offenders also led to severely damaging fiscal consequences …

Sexual Violence By Educators In South African Schools: Gaps In Accountability, University Of The Witwatersrand. Centre For Applied Legal Studies, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

In many South African schools, educators have sexually harassed and abused the learners in their care. This serious human rights violation is widespread and well known. However, its actual incidence is difficult to determine as many cases of educator-learner abuse are never reported. Such harassment and abuse – which occurs with frequency not only in South Africa but also worldwide – has devastating consequences for the health and education of the learners, mainly girls, who experience it. Over the past decade, South Africa has adopted important laws and policies to address this grave human rights problem, yet sexual violence persists …

Expressive Enforcement, Avlana Eisenberg

Scholarly Publications

Laws send messages, some of which may be heard at the moment of enactment. But much of a law’s expressive impact is bound up in its enforcement. Although scholars have extensively debated the wisdom of expressive legislation, their discussions in the context of domestic criminal law have focused largely on enactment-related messaging, rather than on expressive enforcement. This Article uses hate crime laws—the paradigmatic example of expressive legislation—as a case study to challenge conventional understandings of the messaging function of lawmaking. The Article asks: How do institutional incentives shape prosecutors’ enforcement decisions, and how do these decisions affect the message …

Flawed Coalitions And The Politics Of Crime, David Jaros

All Faculty Scholarship

Bipartisanship can be dangerous. In the late 1970s, liberal and conservative forces united to discard two centuries of federal sentencing practice and usher in an era of fixed guidelines that would reshape the criminal justice landscape. In the decades that followed, liberals would come to bitterly regret their alliance with conservative sentencing reformers. The guideline regime established by the Sentencing Reform Act ultimately advanced hardline conservative criminal justice goals that were antithetical to the objectives of many of the Act’s former liberal supporters.

Researchers have shown that a particular cognitive bias — cultural cognition — can explain why intense partisan …

Officious Intermeddling Or Protected First Amendment Activity? The Constitutionality Of Prohibitory Champerty Law After Citizens United, Bradley C. Tobias

William & Mary Bill of Rights Journal

No abstract provided.

Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Permissive Discrimination: How Committing A Crime Makes You A Criminal In Georgia, Luke Caselman

Mercer Law Review

No abstract provided.

Towards International Criminalization Of Transboundry Environmental Crimes, Hamdan Qudah

Dissertations & Theses

This dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the …

"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker

University of Richmond Law Review

While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …

Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin

Cornell Law Faculty Publications

How should international courts distinguish between principals and accessories? The ICC answered this question with Roxin’s Control Theory of Perpetration; defendants should be convicted as principals if they control the crime individually, jointly with a co-perpetrator, indirectly via an organized apparatus of power, or as indirect co-perpetrators (via a combination of the previous doctrines). As the ICC adopted the control requirement, however, some of its decisions have allowed lower mental states such as recklessness or dolus eventualis to meet the standard for principal perpetration under the Control Theory. Other decisions have asserted that intent or knowledge is required though their …

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

Articles

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …

In Defense Of American Criminal Justice, J. H. Wilkinson, Iii

Vanderbilt Law Review

The American criminal justice system is on trial. A chorus of commentators-often but not exclusively in the legal academy-has leveled a sharp indictment of criminal process in our country. The indictment charges that large flaws infect nearly every stage of the adjudicatory process. And the prescriptions are equally far-reaching, with calls for abolition of many current practices and an overhaul of the entire system. What is more, the critics issue their condemnations essentially as givens, often claiming that all reasonable people could not help but agree that fair treatment of the accused has been fatally compromised. For these critics, "We …

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Juvenile Sex Offender Rehabilitation: How The Us Approach Can Help Indonesia Satisfy Its Commitment To Restorative Justice Principles, Putri Kusuma Amanda

Indonesia Law Review

In July 2012, Indonesia enacted landmark legislation to reform the juvenile justice system. The Juvenile Justice Act is a break through which constituted to protect the rights of children in the juvenile justice system. This Act explicitly includes the principle of restorative justice, a principle that guarantees the government’s commitment to use rehabilitative and restorative approaches. The question that arises now is how this law can be satisfied through the implementation of the Act. Specifically, this paper will focus on how the restorative justice principle can be applied to juvenile commit sexual offense. This paper, learning from the United State’s …

Combating Corruption Based On International Rules, Maskun Maskun

Indonesia Law Review

Corruption is a universal problem that is taking place all over the world, either in developed countries or developing or under developing countries. It is caused by some issues such as poorly designed economic policies, low levels of education, underdeveloped civil society, and the weak accountability of public institution. Those causes of corruption can be separated in some different types of corruption. The types are bureaucratic corruption, political corruption, grand corruption, and common corruption. In terms of tackling some problems of corruption, there are so many things to do including international law commitment. Some international law commitment can be seen …

In It For The Long Haul: Exploring Gender Dynamics In Former Prisoner– Family Relationships, Damian J. Martinez, Andrea Leverentz

Qualitative Criminology (QC)

"This article contributes to the growing body of literature on the role of families of origin in the reentry of former prisoners by focusing on a group of young men of color recently released from prison. Our in-depth interviews with young men and selected family members highlighted the ongoing importance of their family relationships for providing important emotional and instrumental support. These relationships also are gendered. In relationships with female relatives, the former prisoners’ primary role was to be there for the women in the family and thereby demonstrate their love of family and their commitment to desistance from crime, …

Kenneth D. Tunnell, Once Upon A Place: The Fading Of Community In Rural Kentucky, Travis Linnemann

Qualitative Criminology (QC)

"It is difficult to think of the rural apart from rolling hills and green fields that offer a respite from the city’s disquiet. Along with images of a bucolic rurality however, is a darker anti-idyll that has loomed in the social imaginary for centuries. While the narrative is timeless, the rural’s decline is something few among us have lived or even cared to witness first-hand. However, in the pages of Kenneth D. Tunnell’s Once Upon a Place, we travel to the disregarded landscapes of rural Kentucky and witness the history of its struggles. Like looking out the window of …

Expressing Strain: A Qualitative Evaluation Of The Testimonies Of Female Sex Offenders, Jennifer L. Klein, Danielle Tolson, Cathy Collins

Qualitative Criminology (QC)

"For those convicted of a sexual offense, life on the registry is not an easy one. There is a great deal of stigma associated with these offenders despite the fact they served their sentences and were released back into society. Current research examines what life is like for female sex offenders whose information is listed on the Florida Sex Offender Registry. Using Robert Agnew’s General Strain Theory as a lens to examine the registry, this article will show the stress present in the lives of the registrants. Specifically, the article will address coping mechanisms, anger, and several unintended consequences of …

Beyond Basic Needs: Social Support And Structure For Successful Offender Reentry, Andrew S. Denney, Richard Tewksbury, Richard S. Jones

Qualitative Criminology (QC)

"Barriers to successful reentry have long been identified as impeding an offender’s ability to successfully reenter society upon release from incarceration. As a result, research has long examined what shared obstacles the majority of offenders often face upon reentering society. Much of the research identifies factors such as poor education, obtaining/maintaining employment, stable housing, and transportation as common barriers to successful reentry. By using in-depth interviews with ex-offenders deemed as successful that were conducted by two respective non-profit agencies, the present study explores what significant requirements, if any, successful offenders perceive to need and/or have experienced as lacking while attempting …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"When I took on the role of editor for the new Journal of Qualitative Criminal Justice & Criminology, I wanted to secure as many of the leading qualitative researchers as I could for the editorial board. While I did not know Jock Young personally, I knew of him and his reputation and writings, and I figured he was one who should be on the board. When I asked my book review editor, Kevin Steinmetz, now Dr. Steinmetz, who I should include on the board, the first two people he requested were Jock Young and Jeff Ferrell. I agreed and …

Obituary: Unapologetic Irreverence: The Life And Legacy Of William “Jock” Young (1942-2013), Robert Donald Weide

Qualitative Criminology (QC)

"I first met my dear friend and mentor Jock Young as a doe faced graduate student, “full of it,” as he would have probably described me at the time. It was a quality he apparently admired in me, unlike many of my other academic mentors. Our dear friend, colleague and another cherished mentor, David Charles Brotherton, made the introduction and while Jock shook my hand, he gave me the cock-eyed look of a madman as he peered into my soul, remarking to David with a deviant smirk, “Oh look, we have another trouble maker here!” Well it takes one to …

Conceptualizing Social Recovery: Recovery Routes Of Methamphetamine Users, Miriam Boeri, David Gibson, Paul Boshears Europäische Universität Für Interdisziplinäre Studien (The European Graduate School)

Qualitative Criminology (QC)

"The goal of our qualitative study was to gain a phenomenological understanding of routes to recovery from problematic drug use. In-depth interviews and drug histories were collected from 50 former methamphetamine users recruited from a U.S. metropolitan suburb who identified as having had problematic use of this drug in the past. Transcripts of the audio-recorded interviews were coded for common themes regarding types of recovery strategies or tools employed on the route to recovery. The common strategies used in all routes for recovery from problematic methamphetamine use were social in nature and did not necessarily include the cessation of all …

Heith Copes & Mark R. Pogrebin (Eds.), Voices From Criminal Justice: Thinking And Reflecting On The System, Joshua B. Hill

Qualitative Criminology (QC)

"The introductory criminal justice “reader” is a difficult text to get right. The material should not be too advanced for the student (most likely a first-year undergraduate student) to understand, but also cannot oversimplify the topic and risk either insulting students or not conveying an appropriate sense of the complexity of the criminal justice system. Voices from Criminal Justice: Thinking and Reflecting on the System, a new compilation of readings published by Routledge and edited by Heith Copes and Mark Pogrebin, attempts to thread this needle in an interesting way by framing the book as a series of perspectives …

Examining The Death Penalty Insider Perspective: Capital Bench & Bar Interviews, Sherri Dioguardi

Qualitative Criminology (QC)

"This study conducted semi-structured interviews with 27 death penalty insiders (9 capital judges, 9 prosecutors and 9 defense attorneys) across three states. Prior research examined whether knowledge of capital punishment correlates with death penalty support (the Marshall Hypothesis). While prior research focused on opinions of laypeople, this study interviewed those with direct, hands-on experience to explore the knowledge-based, insider perspective. The majority (80%) of interviewee-respondents did not believe the death penalty is necessary in light of Life without the Possibility of Parole as an available sentencing option, and 62% did not support capital punishment. Qualitative data analysis reveals a wealth …