Criminal Law Commons^™

Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg

McGeorge Law Review

No abstract provided.

A Suggested Minor Refinement Of Miller V. Alabama, Devina Douglas

McGeorge Law Review

No abstract provided.

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

Faculty Publications

A fundamental aspect of United States criminal law is the presumption of innocence until proven guilty. A corollary right gives every American a Constitutional right to counsel or the right to represent herself in person if she so chooses. In international criminal law, similar fundamental rights are theoretically offered to accused persons under the statutes of the courts and under general international human rights law. However, unlike the U.S. criminal justice system, international criminal tribunals have generally failed to honor the lofty promises contained in their constitutive instruments. But it is not the principled lack of adherence to ensuring the …

The Evolution And Unintended Consequences Of Legal Responses To Childhood Sexual Abuse: Seeking Justice And Prevention, Alexandra Hunstein Roffman

Children's Legal Rights Journal

No abstract provided.

Around The World: A Comparison Of Approaches To Gun Homicides In The United States And Japan, Shay Raoofi

Children's Legal Rights Journal

No abstract provided.

Introduction: Gun Violence Among Youth In Chicago, Amanda Crews Slezak

Children's Legal Rights Journal

No abstract provided.

Opposing Viewpoints: Criminal Statutes Of Limitations In Childhood Sexual Abuse Cases, Victoria Carmona

Children's Legal Rights Journal

No abstract provided.

Through A Child’S Eyes: Gun Violence Among Youth In Chicago, Melissa Anderson

Children's Legal Rights Journal

No abstract provided.

Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez

Faculty Books

Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of …

Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment, Sarah Silins

Children's Legal Rights Journal

No abstract provided.

Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

After The Cheering Stopped: Decriminalization And Legalism's Limits, Wayne A. Logan

Scholarly Publications

To the great relief of many, American criminal law, long known for its harshness and expansive prohibitory reach, is now showing signs of softening. A prime example of this shift is seen in the proliferation of laws decriminalizing the personal possession of small amounts of marijuana: today, almost twenty states and dozens of localities have embraced decriminalization in some shape or form, with more laws very likely coming to fruition soon. Despite enjoying broad political support, the decriminalization movement has however failed to curb a core feature of criminalization: police authority to arrest individuals suspected of possessing marijuana. Arrests for …

Naturalizing Immigration Imprisonment, César Cuauhtémoc García Hernández

Sturm College of Law: Faculty Scholarship

Only recently has imprisonment become a central feature of both t across every level of government and involving civil and criminal law enforcement tools.

Examining the population as a whole provides crucial insights as to how we arrived at this state of mass immigration imprisonment. While political motivations — parallel to those that fueled the rapid expansion of criminal mass incarceration — may have started the trend, this Article demonstrates that key legal and policy choices explain how imprisonment has become an entrenched feature of immigration law enforcement. In fact, legislators and immigration officials have locked themselves into this choice, …

Cold Comfort Food: A Systematic Examination Of The Rituals And Rights Of The Last Meal, Sarah Gerwig-Moore

Articles

Last meals are a resilient ritual accompanying executions in the United States. Yet states vary considerably in the ways they administer last meals. This paper explores the recent decision in Texas to abolish the tradition altogether. It seeks to understand, through consultation of historical and contemporary sources, what the ritual signifies. We then go on to analyze execution procedures in all 35 of the states that allowed executions in 2010, and show that last meal allowances are paradoxically at their most expansive in states traditionally associated with high rates of capital punishment (Texas now being the exception to that rule.) …

Love Matters, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

Love matters to women in abusive relationships. Consequently, matters of love should mean something to both the legal regime redressing intimate partner violence (“IPV”) and to feminist legal scholars seeking to reform the same. Currently the law ignores matters of love by conditioning legal remedies on the immediate termination of the intimate relationship by the victim. Feminist legal scholars unwittingly ignore love by failing to be sufficiently specific about the type of abuse we most wish to eradicate: coercive control. This is a pattern of acts—both violent and nonviolent—in which one partner seeks to control and dominate the personhood and …

Criminal Justice In Indian Country, M. Alexander Pearl

Faculty Publications

This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …

Interactions Between African Americans And Police Officers: How Cultural Stereotypes Create A Wrongful Conviction Pipeline For African Americans, Cynthia J. Najdowski

Psychology Faculty Scholarship

Erroneous convictions are not as rare as one might expect and when they occur, the wrongfully accused are more often African American than White: Of those who were wrongfully convicted and later exonerated in the last quarter century, 47% were African American (The National Registry of Exonerations, 2013), even though only 13% of the U.S. population is (Rastogi, Johnson, Hoeffel, & Drewery, 2011). Yet Gould, Carrano, Leo, and Young’s (2013) recent analysis of miscarriages of justice indicated that race does not reliably differentiate between cases in which innocent defendants are wrongfully convicted as opposed to rightfully acquitted. They suggested that, …

Diminished Returns: The Exorbitance Of Collecting Dna From All Arrestees, Carlos Jordi

St. Thomas Law Review

This comment will examine the effects of a criminal justice system where DNA is collected from everyone who is arrested, regardless of the seriousness of the charge. Part L.A will begin with an analysis of King to provide an understanding of how the Supreme Court decision may permit states to collect DNA from all arrestees. DNA is used in the criminal justice system because of its ability to effectively identify people. Part I.B discusses DNA science and provides a cursory understanding of how information is gathered from an individual's genetic code. Part I.C displays how law enforcement uses DNA for …

On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax

Criminal Law Practitioner

No abstract provided.

Improving The Ethical Guidelines For Assistant United States Attorneys Who Are Considering The Declination Of A Law Enforcement Agent's Recommendation To Prosecute, Elhrick J. Cerdan

Criminal Law Practitioner

No abstract provided.

Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt

Criminal Law Practitioner

No abstract provided.

Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan

Criminal Law Practitioner

No abstract provided.

Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear

Criminal Law Practitioner

No abstract provided.

On Professionalism, Civility, & Discovery, Kathryn Todryk

Criminal Law Practitioner

No abstract provided.

From The Editors, Raleigh Mark, Robert Nothdurft Jr.

Criminal Law Practitioner

No abstract provided.

Interpreting The Court Interpreters Act: A Practical Guide To Protecting The Rights Of Non-English Speaking Criminal Defendants, Jeffrey Archer Miller

Criminal Law Practitioner

No abstract provided.

Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson

Criminal Law Practitioner

No abstract provided.

The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr

Criminal Law Practitioner

No abstract provided.

The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado

UIC Law Review

No abstract provided.