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Criminal Law Commons™

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2017

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Articles 31 - 60 of 767

Full-Text Articles in Criminal Law

Droning On: The State And Federal Legal Response To The Deregulation Of U.S. Airspace For Small Unmanned Aircraft Systems, Lisa K. Decker Dec 2017

Droning On: The State And Federal Legal Response To The Deregulation Of U.S. Airspace For Small Unmanned Aircraft Systems, Lisa K. Decker

Journal of Criminal Justice and Law

With the 2012 congressional mandate that the Federal Aviation Administration promulgate rules allowing the use of small unmanned aircraft systems (commonly called drones) in U.S. airspace, many have expressed concerns about potential invasions of privacy by both private citizens and law enforcement agencies. This article provides a survey of the state and federal case law and legislative responses to such concerns through August of 2016, with a detailed focus on legislative enactments creating crimes related to civilian drone use and regulating the law enforcement use of drones to collect evidence in criminal investigations. The article also analyzes and attempts to …

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Transparency Behind Bars: A History Of Kansas Jail Inspections, Current Practices, And Possible Reform, Melanie K. Worsely, Amy Memmer Dec 2017

Transparency Behind Bars: A History Of Kansas Jail Inspections, Current Practices, And Possible Reform, Melanie K. Worsely, Amy Memmer

Journal of Criminal Justice and Law

Accountability in the corrections system is essential to protecting the well-being and safety of inmates. To provide a better understanding of the methods of ensuring the humane treatment of inmates, this article traces the history of Kansas’s jail inspection policy, beginning with passage of the state’s 1973 jail inspection statute. An examination of the legislative history of Kansas’s inspection statute and jail inspection reports, in addition to oral history interviews with corrections officials, reveals that the statute was effective in providing accountability and producing measurable improvements in jail conditions. The history of Kansas’s jail inspection statute, including its repeal in …

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Grand Juries And Cases Of Police Use Of Deadly Force: Are Prosecutors Opening A Closed Door?, Joseph P. Conti Dec 2017

Grand Juries And Cases Of Police Use Of Deadly Force: Are Prosecutors Opening A Closed Door?, Joseph P. Conti

Journal of Criminal Justice and Law

In recent years, considerable national attention has been focused upon cases in which police officers used deadly force that resulted in the death of private citizens. The officers often contended that the use of deadly force was justified under the circumstances. Prosecutors then presented these cases to grand juries to determine whether criminal prosecutions were warranted. Some prosecutors have elected to provide full grand jury reviews that include the presentation of exculpatory evidence or at least evidence favorable to the police. Although prosecutors have no constitutional obligation to provide such reviews, those who elect to provide full grand jury reviews …

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County Judges And Cosmetologists: A Preliminary Inquiry Into “Constitutional” County Courts, Larry Karson Dec 2017

County Judges And Cosmetologists: A Preliminary Inquiry Into “Constitutional” County Courts, Larry Karson

Journal of Criminal Justice and Law

Since at least the days of Prohibition there has been a discussion regarding the professionalism of the individuals involved in the American criminal justice system. From the police officers being required to have some college education along with months of academy training in the law and procedures of the justice system to attorneys being mandated, after college, to complete a 3 year program of formalized academic training in the law and passing a state administered exam of competence, the requirements that determined competency have increased as society and the law have become more complex.

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Federalism And Constitutional Criminal Law, Brenner M. Fissell Dec 2017

Federalism And Constitutional Criminal Law, Brenner M. Fissell

Faculty Publications

A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …

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Due Process Abroad, Nathan Chapman Dec 2017

Due Process Abroad, Nathan Chapman

Scholarly Works

Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up to now, …

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Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit Nov 2017

Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This article is an excerpt American Prisons: A Critical Primer on Culture and Conversion to Islam. The central aim of this chapter is to examine the post-civil rights push toward harsh punishment through the cultural lens of ritual. The United States is one of the most punitive countries on the planet--the country is the world leader in imprisonment and is one of the top five that executes capital defendants. However, determining the catalysts of this turn to harsh punishment has proved vexing. Scholars have adequately explained how the end of the welfare state, followed by a proliferation of drug laws, …

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Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris Nov 2017

Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

In Texas, the legislature meets every 2 years and at the end of a regular legislative session, hundreds of passed bills will have been sent to the governor for approval. The large number of bills and the wide range of topics they cover can make it difficult to gain an understanding of all the new laws that were passed. At the close of each legislative session the Earl Carl Institute publishes, for the benefit of its constituents, highlights from the session in a bi-annual legislative report. In this year’s publication entitled Report on the Texas Legislature, 85th Session: An Urban …

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Brief On The Investigation Of Canadian Nationals For War Crimes And Crimes Against Humanity In Afghanistan, Craig Scott Nov 2017

Brief On The Investigation Of Canadian Nationals For War Crimes And Crimes Against Humanity In Afghanistan, Craig Scott

Commissioned Reports, Studies and Public Policy Documents

Acting Director of the Nathanson Centre, Professor Craig Scott, has submitted a brief to Prosecutor Fatou Bensouda of the International Criminal Court providing evidentiary reasons why Canadians in the military and civilian chain of command during Canada ‘s presence in the war in Afghanistan should fall within the scope of the Prosecutor’s efforts to investigate the “situation in Afghanistan” with respect to war crimes committed by the Taliban, the CIA and Afghan National Security Forces. Potential criminal responsibility arises from Canada ‘s policy and practices on the transfer of captives to both the US and Afghanistan. The brief also highlights …

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Bradley V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 92 (Nov. 22, 2017), Brianna Stutz Nov 2017

Bradley V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 92 (Nov. 22, 2017), Brianna Stutz

Nevada Supreme Court Summaries

The Court held that the district court erred when it ordered J.A.’s juvenile and delinquency records be turned over to the defense in Hudson’s criminal case. The Court held that Dr. Bradley’s confidential records pertaining to J.A. are privileged, and no exception or waiver applies.

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Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly, Nancy Gertner Nov 2017

Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly, Nancy Gertner

Maine Law Review

Sentencing is different from almost all functions of the government and surely different from the other functions of the judiciary. It is the moment when state power meets an individual directly. It necessarily involves issues that are distinct from those in other areas of the law. It requires a court to focus on the defendant, to craft a punishment proportionate to the offense and to the offender. It should come as no surprise that in countries across the world, common law and civil code, totalitarian and free, judges have been given great discretion in sentencing. To be sure, that power …

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Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice, Richard J. Goldstone Nov 2017

Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice, Richard J. Goldstone

Maine Law Review

The Thirteenth Annual Frank M. Coffin Lecture on Law and Public Service was held in the fall of 2004. Justice Richard J. Goldstone, former Justice of the Constitutional Court of South Africa and pioneer for international justice and human rights, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law.

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The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law Nov 2017

The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

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Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons Nov 2017

Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons

The Catholic Lawyer

No abstract provided.

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Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr. Nov 2017

Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr.

The Catholic Lawyer

No abstract provided.

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Crisp-Set Qualitative Comparative Analysis (Csqca) And Criminology, Belinda L. Parker Nov 2017

Crisp-Set Qualitative Comparative Analysis (Csqca) And Criminology, Belinda L. Parker

Qualitative Criminology (QC)

"This article presents Qualitative Comparative Analysis (QCA; Ragin, 1987, 2000) as a useful methodological approach for criminological research. The aim is to introduce QCA’s logic and assumptions and a step-by-step guide to its application of crisp-set QCA using an illustrative hypothetical example. While QCA is a relatively new method and not widely used within criminological research thus far, it offers a unique approach that is particularly well suited to the field. This article is intended to serve as an introduction to those researchers interested in QCA and to demonstrate how they may incorporate it into their research."

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Employment Pathways: How Former Offenders Navigate To Employment, Breanne Pleggenkuhle, Alaina Bearsby Steele, Elle Gray Teshima Nov 2017

Employment Pathways: How Former Offenders Navigate To Employment, Breanne Pleggenkuhle, Alaina Bearsby Steele, Elle Gray Teshima

Qualitative Criminology (QC)

"Employment is one of the most critical dimensions of reintegration, and much research documents the barriers formerly incarcerated persons experience in seeking out steady work. However, most offenders are ultimately successful in obtaining some form of employment. Less research discusses how offenders manage these barriers or examines the practice by which offenders navigate employment pathways, and even less examines whether particular offense categories further challenge the process. The current research utilizes qualitative data to examine the methods by which ex-offenders seek out and obtain employment, with an emphasis on the function of self-motivating practices, access to services, and the utilization …

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“Losing The Humanity Of The Street”: Retired Police Officer Narratives Of The Evolution Of Low-Level Enforcement In New York City, Megan Welsh Nov 2017

“Losing The Humanity Of The Street”: Retired Police Officer Narratives Of The Evolution Of Low-Level Enforcement In New York City, Megan Welsh

Qualitative Criminology (QC)

"Low-level enforcement activities such as pedestrian and traffic stops, the issuance of criminal court summonses (tickets or citations), and misdemeanor arrests comprise the vast majority of police-citizen encounters relative to the policing of more serious, felony-level offenses. The complexities of these activities – particularly from the perspectives of the police officers who carry them out – have received relatively little scholarly attention. In an effort to more fully understand the nuances of low-level enforcement, in particular how such activities have changed over time and how police officers have experienced such changes, in-depth interviews were conducted with a small sample of …

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Forrest Stuart, Down, Out, And Under Arrest: Policing And Everyday Life In Skid Row, Jordan Denton Nov 2017

Forrest Stuart, Down, Out, And Under Arrest: Policing And Everyday Life In Skid Row, Jordan Denton

Qualitative Criminology (QC)

"Aggressive crime control strategies such as stop-and-frisk and poverty governance bring forth contentious debates on their impact. Proponents argue the policies are needed to combat crime, while opponents contend they are oppressive, harmful, and discriminatory. It is rare in these discussions that the perspectives of the control agents and the public impacted by the policies are simultaneously engaged. Forrest Stuart in his book Down, Out, and Under Arrest: Policing and Everyday Life in Skid Row fills this gap using ethnographic and historical data to depict how poverty governance impacts the everyday interactions of Skid Row residents, police, and community organizations. …

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‘It Just Be Like That’:Young Men’S And Women’S Attributions Of Negative Sexual Behavior, Christopher W. Mullins, Daniel R. Kavish Nov 2017

‘It Just Be Like That’:Young Men’S And Women’S Attributions Of Negative Sexual Behavior, Christopher W. Mullins, Daniel R. Kavish

Qualitative Criminology (QC)

"This paper provides an examination of the role that male peer support plays in negative sexual attitudes and behaviors vis-àvis women. Drawing on semi-structured interview data collected from at risk high school students in an urban Midwestern town, we are able to qualitatively explore attitudes, behaviors, and experiences within this group of young men and women as they relate to negative sexual behaviors. We integrate routine activites theory with a male peer support theory of violence to to obtain a more holistic view of negative sexual behaviors. Male peer support models provide us with a theoretical explanation of the variation …

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Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond Nov 2017

Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond

Maine Law Review

In State v. Wright, 1 the State of Minnesota charged David Wright with possession of a firearm by a felon and two counts of second-degree assault against his girlfriend and her sister. A jury found Wright guilty on all charges and sentenced him to sixty months in jail for each crime, with sentences served concurrently. Wright’s girlfriend, R.R., and her sister, S.R., did not testify against him at trial. The prosecution, however, used the transcript of a 911 call placed by R.R. against Wright in the trial. Although the 911 call was hearsay, the court admitted it under Minnesota’s excited …

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Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan Nov 2017

Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan

Maine Law Review

The now well-known case of Atkins v. Virginia decided that the execution of those with mental retardation constituted cruel and unusual punishment under the Eighth Amendment. The more recent case of Roper v. Simmons decided that execution of those who were under the age of eighteen when they committed their crimes also constituted cruel and unusual punishment. Both decisions changed the law that had existed since 1989, when the Court held in Penry v. Lynaugh and Stanford v. Kentucky that executions of members of both classes were not unconstitutional. Writing for the Court in Atkins v. Virginia, Justice Stevens was …

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A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose Nov 2017

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

Biennial Conference: The Social Practice of Human Rights

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one Gerardi …

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Alotaibi V. State, 133 Nev. Adv. Op. 81 (Nov. 9, 2017) (En Banc), Brendan Mcleod Nov 2017

Alotaibi V. State, 133 Nev. Adv. Op. 81 (Nov. 9, 2017) (En Banc), Brendan Mcleod

Nevada Supreme Court Summaries

The Court clarified that when an element goes only to punishment and is not essential to a finding of guilt, it is not an element of the offense for purposes of determining whether a lesser-included-offense instruction is warranted pursuant to NRS 175.501. Further, the Court determined that where a statute provides alternative ways of committing an uncharged offense, the elements of only one of those alternatives needs to be included in the charged offense for the uncharged offense to be a lesser-included offense.

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Smashing The Tragic Illusion Of Justice: The Reprehensibility Of The Death Penalty In Virginia, Meagan E. Costello Nov 2017

Smashing The Tragic Illusion Of Justice: The Reprehensibility Of The Death Penalty In Virginia, Meagan E. Costello

The Catholic Lawyer

No abstract provided.

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Capital Punishment In The Age Of Terrorism, Norman L. Greene, Norman Redlich, David Bruck, Paul Saunders, Richard Weisberg, Kenneth Roth Nov 2017

Capital Punishment In The Age Of Terrorism, Norman L. Greene, Norman Redlich, David Bruck, Paul Saunders, Richard Weisberg, Kenneth Roth

The Catholic Lawyer

No abstract provided.

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Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap. Nov 2017

Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap.

The Catholic Lawyer

No abstract provided.

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United States V. Pho: Defining The Limits Of Discretionary Sentencing, John G. Wheatley Nov 2017

United States V. Pho: Defining The Limits Of Discretionary Sentencing, John G. Wheatley

Maine Law Review

In the consolidated case of United States v. Pho, the government appealed two district court rulings that imposed criminal sentences outside of the range provided in the Federal Sentencing Guidelines Manual (Guidelines). At separate trials, both defendants pied guilty to the crime of possession with intent to distribute five grams or more of cocaine base (commonly known as crack). Rejecting the Guidelines' disparate treatment of crack and powder cocaine, the district court imposed sentences that were below the Guidelines' range, but above the statutory mandatory minimum. The Court of Appeals for the First Circuit vacated both sentences and remanded the …

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Constructing Recidivism Risk, Jessica Eaglin Nov 2017

Constructing Recidivism Risk, Jessica Eaglin

AI-DR Collection

Courts increasingly use actuarial—meaning statistically derived—information about a defendant’s likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct interests that …

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State Criminal Appeals Revealed, Michael Heise, Nancy J. King, Nicole A. Heise Nov 2017

State Criminal Appeals Revealed, Michael Heise, Nancy J. King, Nicole A. Heise

Vanderbilt Law Review

Every state provides appellate review of criminal judgments, yet little research examines which factors correlate with favorable outcomes for defendants who seek appellate relief. To address this scholarly gap, this Article exploits the Survey of Criminal Appeals in State Courts (2010) dataset, recently released by the Bureau of Justice Statistics and the National Center for State Courts (hereinafter, "NCSC Study"). The NCSC Study is the first and only publicly available national dataset on state criminal appeals and includes unprecedented information from every state court in the nation with jurisdiction to review criminal judgments.

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