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Articles 511 - 540 of 834
Full-Text Articles in Criminal Law
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Due Process And The Failure Of The Criminal Court, Steven Zeidman
Due Process And The Failure Of The Criminal Court, Steven Zeidman
Publications and Research
No abstract provided.
Cutting Cops Too Much Slack, Wayne A. Logan
Cutting Cops Too Much Slack, Wayne A. Logan
Scholarly Publications
Police officers can make mistakes, which, for better or worse, the U.S. Supreme Court has often seen fit to forgive. Police, for instance, can make mistakes of fact when assessing whether circumstances justify the seizure of an individual or search of a residence; they can even be mistaken about the identity of those they arrest. This essay examines yet another, arguably more significant context where police mistakes are forgiven: when they seize a person based on their misunderstanding of what a law prohibits.
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev
Faculty Articles and Other Publications
This Article introduces participatory defense as a powerful new model for improving public defense and challenging mass incarceration. This grassroots movement empowers the key stakeholders — people who face criminal charges, their families, and their communities — to become change agents who force greater transparency, accountability, and fairness from criminal justice systems. After introducing the model’s core principles and goals, the Article offers innovative analyses from doctrinal, theoretical and empirical perspectives. First, the Article connects participatory defense with the crisis-ridden history of the constitutional right to counsel, including that doctrine’s roots in the Due Process right to be heard. Second, …
Database Infamia: Exit From The Sex Offender Registries, Wayne A. Logan
Database Infamia: Exit From The Sex Offender Registries, Wayne A. Logan
Scholarly Publications
Since originating in the early-mid 1990s, sex offender registration and community notification laws have swept the country, now affecting the lives of hundreds of thousands of individuals. The laws require that individuals provide, update and at least annually verify personal identifying information, which governments make publicly available via the Internet and other means. Typically retrospective in their reach, and sweeping in their breadth, the laws can target individuals for their lifetimes, imposing multiple hardships. This symposium contribution surveys the extent to which states now afford registrants an opportunity to secure relief from registration and community notification and examines the important …
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh
Faculty Publications
This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who …
The War Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley
The War Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley
Faculty Publications
The shooting death of eighteen-year-old Michael Brown by Ferguson, Missouri police officer Darren Wilson has sparked a renewed national conversation about the militarization of police. While Officer Wilson’s deadly encounter with Brown did not involve militarized force, subsequent protests, looting, and riots have triggered the display and use of armored vehicles, M4 assault rifles, Humvees, Kevlar vests, grenades, camouflage, and other military-style equipment by state and local police. U.S. Attorney General Eric Holder criticized the police response, asserting, “At a time when we must seek to rebuild trust between law enforcement and the local community, I am deeply concerned that …
Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba
Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba
Children's Legal Rights Journal
No abstract provided.
Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan
Children's Legal Rights Journal
No abstract provided.
Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen
Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen
Children's Legal Rights Journal
No abstract provided.
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert
Children's Legal Rights Journal
No abstract provided.
Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn
Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn
Children's Legal Rights Journal
No abstract provided.
Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder
Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder
Children's Legal Rights Journal
No abstract provided.
Sentencing And The Salience Of Pain And Hope, Benjamin Berger
Sentencing And The Salience Of Pain And Hope, Benjamin Berger
Osgoode Legal Studies Research Paper Series
What would a jurisprudence of sentencing that was induced from the experience of punishment, rather than deduced from the technocracy of criminal justice, look like? Rather than focusing narrowly on the question of quantum, such a jurisprudence would be concerned with the character and quality of punishment. A fit sentence would account for pain, loss, estrangement, alienation, and other features of the offender’s aggregate experience of suffering at the hands of the state in response to his or her wrongdoing. This would be a broader, more resolutely political conception of criminal punishment. This article shows that the jurisprudence of the …
Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald
Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald
Sturm College of Law: Faculty Scholarship
Although 23 states and the District of Columbia have now legalized marijuana for medical purposes, marijuana remains a prohibited substance under federal law. Because the production, sale, possession and use of marijuana remain illegal, there is a risk of prosecution under federal laws. Furthermore, those who help marijuana users and providers put themselves at risk — federal law punishes not only those who violate drug laws but also those who assist or conspire with them to do so. In the case of lawyers representing marijuana users and businesspeople, this means not only the real (though remote) risk of criminal prosecution …
Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper
Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper
Sturm College of Law: Faculty Scholarship
Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk …
The Life Of Crimmigration Law, César Cuauhtémoc García Hernández
The Life Of Crimmigration Law, César Cuauhtémoc García Hernández
Sturm College of Law: Faculty Scholarship
This short essay introduces a collection of articles that arose from the Denver University Law Review’s symposium Crimmigration: Crossing the Border Between Criminal Law and Immigration Law, held in February 2015 at the University ofDenver Sturm College of Law. The essay borrows heavily from the Epilogue to my book Crimmigration Law.
Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl
Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl
Scholarly Articles
The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …
Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway
Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Part I and Part II of this article discuss the consequences of Crawford v. Washington for domestic violence victims and detail the problem of domestic violence in America, including the current prosecution strategies and challenges in domestic violence cases. Part III reviews the evolution of confrontation law jurisprudence. Part IV sets forth a proposed Crawford-compliant procedure that also protects domestic violence victims. Part V addresses anticipated objections to the prompt-post arrest confrontation hearing.
Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth Macdowell, Adele Morrison
Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth Macdowell, Adele Morrison
Sturm College of Law: Faculty Scholarship
Transcript of a Panel session at the CONVERGE! Conference on problematizing assumptions about gender violence.
Remember Not To Forget Furman: A Response To Professor Smith, Sam Kamin, Justin F. Marceau
Remember Not To Forget Furman: A Response To Professor Smith, Sam Kamin, Justin F. Marceau
Sturm College of Law: Faculty Scholarship
Professor Robert J. Smith encourages readers, lawyers, and courts to forget Furman v. Georgia and to focus instead on death penalty challenges grounded in the diminished culpability of nearly all capital defendants. We applaud Professor Smith’s call to focus on the mental and emotional characteristics that reduce the blameworthiness of so many of those charged with capital crimes; recognizing diminished culpability as the rule rather than the exception among capital defendants conveys a reality that rarely finds its way into reported cases. We are troubled, however, by Professor Smith’s call to “forget Furman.” We believe the title and the …
The Battle Of The Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin
The Battle Of The Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin
Sturm College of Law: Faculty Scholarship
Although marijuana possession remains a federal crime, twenty-three states now allow use of marijuana for medical purposes and four states have adopted tax-and-regulate policies permitting use and possession by those twenty-one and over. In this article, I examine recent developments regarding marijuana regulation. I show that the Obama administration, after initially sending mixed signals, has taken several steps indicating an increasingly accepting position toward marijuana law reform in states; however the current situation regarding the dual legal status of marijuana is at best an unstable equilibrium. I also focus on what might be deemed the last stand of marijuana-legalization opponents, …
"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli
"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli
William Mitchell Law Review
No abstract provided.
Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo
Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo
William Mitchell Law Review
No abstract provided.
A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi
A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi
William Mitchell Law Review
No abstract provided.
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Faculty Publications
When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …
A Silver Bullet: Should The Mere Presence Of Ammunition Create A Reasonable Suspicion Of Criminal Activity?, 48 J. Marshall L. Rev. 843 (2015), Kyle Gruca
UIC Law Review
No abstract provided.
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Psychology Faculty Scholarship
We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
Psychology Faculty Scholarship
Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This “rape culture” is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research …
The Online Sex Sting, Michael Cryan
The Online Sex Sting, Michael Cryan
Undergraduate Review
The Youth Internet Safety Surveys are indicative of a small subset of minors who have had contact with sexual offenders in person. Internet sex stings serve to target these adults through the use of police deception, but their use has been on the decline. Sexual offenders are a heterogeneous group; laws often mistakenly lump these various members together. This paper discusses different sources that can take responsible action to prevent online predators from reaching minors and the issue of vigilantism against offenders. Our current laws on sexual predators do not reflect the deeper, more prevalent issue of acquaintance rape.