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Criminal Law Commons™

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2015

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Institution
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Articles 271 - 300 of 834

Full-Text Articles in Criminal Law

A Deficiency In Addressing Campus Sexual Assault: The Lack Of Women Law Enforcement Officers, Nat Stern, Karen Oehme Jul 2015

A Deficiency In Addressing Campus Sexual Assault: The Lack Of Women Law Enforcement Officers, Nat Stern, Karen Oehme

Scholarly Publications

The federal government has taken a range of measures to combat the scourge of sexual assault afflicting college campuses across the nation. Whatever the efficacy of these policies, however, they fail to address a major obstacle to curbing sexual violence on campus: the chronically low rate of reporting of this crime to police. Research on crime data has produced evidence that as female representation among police officers increases, more crimes against women are reported. Yet, most university campus law enforcement agencies-tasked with taking a “central role” in combatting sexual assault-include strikingly few female officers. This Article proposes an increase in …

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I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan Jul 2015

I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan

Indiana Law Journal

This Note evaluates the transformation of Indiana’s expungement law. Part I addresses the socioeconomic impacts of a criminal record. Part II presents normative arguments both for and against expungement, concluding that the balance tips in favor of forgiveness. Parts III–IV discuss Indiana’s original expungement provisions, the 2013 statute, and the 2014 amendments. Part V explores the reaction to the new law. Finally, Part VI offers recommendations to improve the statute so that its second-chance promise is equitable, accessible, and robust.

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Arbitrary And Godlike Determinations: Insanity, Neuroscience, And Social Control In Montana, Andrew King-Ries Jul 2015

Arbitrary And Godlike Determinations: Insanity, Neuroscience, And Social Control In Montana, Andrew King-Ries

Montana Law Review

No abstract provided.

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Immigrant Victims, Immigrant Accusers, Michael Kagan Jul 2015

Immigrant Victims, Immigrant Accusers, Michael Kagan

University of Michigan Journal of Law Reform

The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about their …

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Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno Jul 2015

Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno

University of Michigan Journal of Law Reform

Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, …

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United States V. Barry Bonds V. Bronston: Can Section 1503 Handle The Truth?, Donald K. Kazee Jul 2015

United States V. Barry Bonds V. Bronston: Can Section 1503 Handle The Truth?, Donald K. Kazee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Channeling Unilateralism, Maggie Gardner Jul 2015

Channeling Unilateralism, Maggie Gardner

Cornell Law Faculty Publications

When crime reaches across borders to threaten human security or undermine democracy, states often respond by adopting multilateral treaties that obligate each of them to suppress the transnational crime at home. These treaties help, but only to the extent that parties comply with them. Because states generally cannot enforce their laws outside their own territory, transnational criminals can evade prosecution as long as some states are unable or unwilling to meet these treaty commitments. One solution for improving compliance with these treaties may be, counterintuitively, more unilateralism. Using case studies on transnational bribery and drug trafficking, as well as thick …

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Newly Discovered Evidence Of Innocence: Its History And Future Treatment In Montana, E. Lars Phillips Jul 2015

Newly Discovered Evidence Of Innocence: Its History And Future Treatment In Montana, E. Lars Phillips

Montana Law Review

No abstract provided.

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Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith Jul 2015

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith

Faculty Publications

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …

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Comity Of Errors: When Federal Sentencing Guidelines Ignore State Law Decriminalizing Sentences, Hon. James A. Shapiro Jun 2015

Comity Of Errors: When Federal Sentencing Guidelines Ignore State Law Decriminalizing Sentences, Hon. James A. Shapiro

Akron Law Review

The Guidelines’ policy behind counting most diversionary dispositions as if they were criminal convictions is that “defendants who receive the benefit of a rehabilitative sentence and continue to commit crimes should not be treated with further leniency.”15 However, it is not “further leniency” to treat a state diversionary disposition in a way that state statutes say they should not be treated, thereby ratcheting up a federal defendant’s sentence. “Further leniency” would be to give a federal defendant another diversionary disposition for the federal crime. It is not principled for the Guidelines to undo the original leniency of the state diversionary …

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Newsroom: Nason '05 Cited By U.S. Supreme Court, Roger Williams University School Of Law Jun 2015

Newsroom: Nason '05 Cited By U.S. Supreme Court, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone Jun 2015

License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone

Akron Law Review

This Article proposes that courts change the way in which they adjudicate Title VII disputes by evaluating the harm avoidance demonstrated by plaintiffs and employers in light of the totality of what each party knew or should have known about the potential harm, and what each party did or could have done to prevent it. Specifically, this Article is premised on the ideas that 1) harassment complaints are, typically, initially dealt with internally; often, an employer will remediate reported harassment by ordering or granting a transfer to separate a harasser and his victim; and 2) many harassers are, in fact …

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An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein Jun 2015

An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein

Akron Law Review

This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty five years, there has been a steady erosion of the due process rights of those accused of rape. I have designated the first stage of “reforms,” which affected the arrest, pretrial, and trial phases of rape prosecutions, as the First Wave of rape reform. The Second Wave are the more recent changes in the law that have focused on measures, such as sexual registry or civil commitment statutes, that …

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After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps Jun 2015

After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps

Akron Law Review

This essay explores the new rape exceptionalism. My thesis holds that rape exceptionalism is rooted in a divide between elite opinion, reflected in statutes, court decisions, and academic commentary, and popular opinion, as reflected in jury verdicts. Elite opinion values sexual autonomy and suspects, when it does not despise, sexual aggression. Popular opinion supposes that sexual autonomy may be forfeited by female promiscuity or flirtation, and views male sexual aggression as natural, if not indeed admirable...pressions of consent,8 is an academic exercise. If we really want to normalize rape law, we must bypass the jury openly. We can’t conceal the …

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Constructing Consent: Legislating Freedom And Legitimating Constraint In The Expression Of Sexual Autonomy, Vanessa E. Munro Jun 2015

Constructing Consent: Legislating Freedom And Legitimating Constraint In The Expression Of Sexual Autonomy, Vanessa E. Munro

Akron Law Review

In the first section, the nature and parameters of the conventional understanding of consent will be examined in more detail and the contemporary challenges that have been lodged against it – particularly from those influenced by structural, post-structural, and communitarian analyses – will be considered. With the terrain of these debates on consent – and related concepts such as autonomy, agency, and self-determination – in place, the second section of this article will focus specifically upon their implications in the context of sexual consent in general, and women’s sexual consent in particular. It will outline the development of the Sexual …

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The Trouble With Drink: Intoxication, (In)Capacity, And The Evaporation Of Consent To Sex, Dr. Sharon Cowan Jun 2015

The Trouble With Drink: Intoxication, (In)Capacity, And The Evaporation Of Consent To Sex, Dr. Sharon Cowan

Akron Law Review

The paper explores the contemporary concerns surrounding issues of intoxicated consent in cases of rape, particularly as expressed in U.K. case law, statute, and government policy. During the course of this paper, I will examine recent research on the problematic role of alcohol in sexual assault before going on to discuss specific policy and legislative responses to the problem of intoxicated consent. I will also engage in a close reading of several recent rape cases in the U.K. in which the capacity of the intoxicated complainant to consent to sexual intimacy has been of central concern. The paper deals only …

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Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell Jun 2015

Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell

Akron Law Review

While the struggle for affirmative consent is typically framed as a feminist law reform project, I contend that we need to understand the legal elaboration of a positive and explicit consent standard in relation to wider shifts in governance. The second section of this article explores how the legal elaboration of affirmative consent in Canadian law might be seen as a specific expression of neoliberal governmentality, forging new normative sexual subjects who interact within a transactional sexual economy. In section three, I demonstrate how discourses of responsibilization and risk management inform recent Canadian sexual assault decisions, constituting the ideal victim …

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Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik Jun 2015

Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik

Akron Law Review

Social change, to be sure, is not necessarily bad. But what if affirmative consent is not biologically or psychologically sound and, for that reason, women do not even desire it? Questioning the idea that increasing women’s power will be desirable even if not founded on the “the truth,” I ask: Can and should women — to say nothing of men — say “no” to affirmative consent? I examine this question in two parts. Part I evaluates the sexual environment today from which affirmative consent has arisen. Part II deals specifically with affirmative consent.

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Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty Jun 2015

Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty

Akron Law Review

Introduction to the Symposium focusing on issues arising from determining when sex is the product of free choice, when it is the result of force, and the legal and philosophical implications arising from those issues. To introduce this Symposium, I first discuss the issues related to the crime of rape, the idea of sexual autonomy, and the concept of affirmative consent to sex. Then, I briefly summarize the symposium authors’ various approaches to these topics.

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To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter Jun 2015

To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter

Akron Law Review

This article examines how sentencing enhancement schemes play into undercover operations and manipulation ploys. This article reviews entrapment doctrines, starting with the common law principles of unclean hands and estoppel, to settled principles of objective and subjective entrapment. Through principles of conspiracy, the undercover operation ensnares perpetrators who intend factually impossible crimes, as long as an overt step is taken. Sentencing enhancement crimes, induced by government agents, must be proven before a jury beyond a reasonable doubt. A reciprocal corollary is that the accused must be able to defend enhancement accusations through defenses such as sentencing manipulation and sentencing entrapment. …

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Examining Crack Cocaine Sentencing In A Post-Kimbrough World, Michael B. Cassidy Jun 2015

Examining Crack Cocaine Sentencing In A Post-Kimbrough World, Michael B. Cassidy

Akron Law Review

This article examines Kimbrough’s effect on crack cocaine sentencing. Part I discusses the rise of crack cocaine use in the United States during the 1980s. Part II provides a short history on modern federal sentencing, including the Sentencing Reform Act, the Commission’s Guidelines, and its reports to Congress concerning the 100-to-1 ratio. Part III examines the Supreme Court’s recent Sixth Amendment jurisprudence through its seminal cases, Apprendi and Blakely. In Part IV, this article analyzes the Court’s Booker holding as well as Kimbrough and Gall v. United States, two cases that clarified Booker and its application to crack cocaine cases. …

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Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jd, Phd Jun 2015

Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jd, Phd

Akron Law Review

n my recent research, I have been exploring the legal impact of advances in the neuroscience of gender, such as whether and how stakeholders are using recent studies finding structural and functional differences between male and female brains in an attempt to influence the law. I also have been examining whether and how stakeholders are using the neuroscience of both gender-specific and gender-prevalent health conditions to influence the interpretation of civil and regulatory health law. Today, I am going to explore how stakeholders are using advances in the neuroscience of three gender-specific and genderprevalent conditions (the postpartum mood disorders, premenstrual …

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Black Boxes: Fmri Detection And The Role Of The Jury, Julie Seaman Jun 2015

Black Boxes: Fmri Detection And The Role Of The Jury, Julie Seaman

Akron Law Review

Before I offer some thoughts on that question, let me mention three real-life cases in which cutting-edge neuroscientific evidence either did – or conceivably might in a not-so-distant future – influence the outcome of a criminal prosecution. In the first case, reported last week in the New York Times, EEG brain-fingerprinting-type evidence was admitted against a woman on trial in India for murdering her husband. She was convicted. In the second case, in England recently, neuroscientists performed an fMRI lie-detection scan on a woman who had previously been convicted of poisoning a child in her care. She claimed that she …

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Neuroscience And Juvenile Justice, Jay D. Aronson Jun 2015

Neuroscience And Juvenile Justice, Jay D. Aronson

Akron Law Review

Recent advances in the field of neuroscience, especially improved magnetic resonance imaging (MRI) techniques, are providing scientists and decision-makers with an increasingly complex understanding of how our brains develop from birth to adulthood. While these studies are still in their infancy, they have already made it clear that the brain typically continues to develop long after the point at which an individual becomes a legal adult (i.e., at age 18), and that the slow maturation process that plays out in the social context is mirrored by a slow maturation process at the neural level. Despite the tentative nature and unsettled …

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"His Brain Has Been Mismanaged With Great Skill": How Will Jurors Respond To Neuromimaging Testimony In Insanity Defense Cases?, Michael L. Perlin Jun 2015

"His Brain Has Been Mismanaged With Great Skill": How Will Jurors Respond To Neuromimaging Testimony In Insanity Defense Cases?, Michael L. Perlin

Akron Law Review

A review of the literature on neuroimaging, predictably, reveals a broad array of positions, promises and prophecies. Carter Snead argues that the ambition of cognitive neuroscientists is “to use the claims of their discipline and the new powers conferred by neuroimaging to overthrow retributive justice as a legitimate justification for criminal sanctions.” In this paper, I do not take sides on this debate. Rather, I discuss a related, but distinctly separate issue: which of these positions will jurors think is right, especially in the context of deciding insanity defense cases. The primary and robust debate that has taken place so …

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Foreword To The Neuroscience, Law & Government Symposium, Jane Campbell Moriarty Jun 2015

Foreword To The Neuroscience, Law & Government Symposium, Jane Campbell Moriarty

Akron Law Review

It is with much pleasure that I write the foreword for this Symposium in the Akron Law Review. The authors were each presenters at the Neuroscience, Law & Government Conference, held at The University of Akron School of Law in September, 2008. The articles in this edition of Akron Law Review are as diverse as the presentations themselves, and provide a fascinating glimpse into various ways in which neuroscience is making inroads in both law and government. The explosion of neuroscience and neuroimaging discoveries this decade is nothing short of remarkable, leading one prominent scientist to term the last several …

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Two Wrongs Don't Make A Right: Federal Death Eligibility Determinations And Judicial Trifurcations, Michael D. Pepson, John N. Sharifi Jun 2015

Two Wrongs Don't Make A Right: Federal Death Eligibility Determinations And Judicial Trifurcations, Michael D. Pepson, John N. Sharifi

Akron Law Review

Broadly speaking, the purpose of this article is to bring attention to this radical and irreconcilable disparity between the unequivocal Sixth Amendment right of confrontation criminal defendants are afforded at trial,and the limited, qualified right of confrontation the FDPA grants federal capital defendants during death-eligibility determinations, which occur as part of the sentencing phase. It advances the argument that there is no tenable principled distinction on which this disparate procedural treatment may rest. We will attempt to demonstrate that, as written, the statutory provision that governs the admission of evidence at capital sentencings—18 U.S.C. § 3593(c)—is unconstitutional on its face …

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The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth Jun 2015

The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth

Akron Law Review

This article examines these issues in the context of an important and emerging constitutional challenge to the death penalty: whether the death penalty can be imposed on capital defendants who suffer from severe mental illness at the time of the commission of their crimes. The American Bar Association, the American Psychiatric Association, the American Psychological Association, and the National Alliance for the Mentally Ill all endorse a death penalty exemption for the severely mentally ill. Recent law review articles suggest that such an exemption may even be compelled by the Supreme Court’s decisions in Roper v. Simmons and Atkins v. …

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Transitional Justice And Local Ownership: A Framework For The Protection Of Human Rights, Andrew B. Friedman Jun 2015

Transitional Justice And Local Ownership: A Framework For The Protection Of Human Rights, Andrew B. Friedman

Akron Law Review

The focus of this paper will be only on prosecutions and other mechanisms with formality and ability to punish akin to a prosecution. Of the many such pseudo-prosecutions, particular focus will be paid to Truth and Reconciliation Commissions for their formality, their ability to grant amnesty, and the darling space they occupy in the collective public and scholarly imagination. Second, the importance of local ownership will be discussed. As previously mentioned, a great deal of work has been done on this particular topic. The discussion in this article will be limited to the problems associated with local ownership in transitional …

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Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson Jun 2015

Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson

Akron Law Review

With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …

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