Criminal Law Commons^™

Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino

Georgia State University Law Review

Algorithms saturate our lives today; from curated song lists to recommending “friends” and news feeds, they factor into some of the most human aspects of decision-making, tapping into preferences based on an ever-growing amount of data. Regardless of whether the algorithm pertains to routing you around traffic jams or finding your next dinner, there is little regulation and even less transparency regarding just how these algorithms work. Paralleling this societal adoption, the criminal justice system now employs algorithms in some of the most important aspects of investigation and decision-making.

The lack of oversight is abundantly apparent in the criminal justice …

A Discouraging Omen: A Critical Evaluation Of The Approved Uniform Language For Testimony And Reports For The Forensic Latent Print Discipline, Simon A. Cole

Georgia State University Law Review

The theme of the 2018 Georgia State University Law Review symposium is the Future of Forensic Science Reform. In this Article, I will assess the prospects for reform through a critical evaluation of a document published in February 2018 by the United States Department of Justice (DOJ), the Approved Uniform Language for Testimony and Reports for the Forensic Latent Print Discipline (ULTR).

I argue that this document provides reason to be concerned about the prospects of forensic science reform. In Part I, I discuss the background of the ULTR. In Part II, I undertake a critical evaluation of the ULTR. …

Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson

Georgia State University Law Review

This Article proposes that policy makers should consider establishing their jurisdiction’s crime laboratories as government corporations independent of law enforcement as a means of improving their quality and efficiency. Simply building new buildings or seeking accreditation will not solve the endemic problems that crime laboratories have faced. Rather, we propose that crime laboratories be restructured with a new organizational framework comparable to the Houston Forensic Science Center's (HFSC) status as a local government corporation (LGC), which has proven to be conducive to creating a new institutional culture.

From our experience with the HFSC, we also believe that crime laboratories are …

The Overdose/Homicide Epidemic, Valena E. Beety

Georgia State University Law Review

This Article explores the lack of regulation of coroners, concerns within the forensic science community on the reliability of coroner determinations, and ultimately, how elected laypeople serving as coroners may influence the rise in drug-induced homicide prosecutions in the midst of the opioid epidemic.

This Article proposes that the manner of death determination contributes to overdoses being differently prosecuted; that coroners in rural counties are more likely to determine the manner of death for an illicit substance overdose is homicide; and that coroners are provided with insufficient training on interacting with the criminal justice system, particularly on overdose deaths. Death …

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Criminal Employment Law, Benjamain Levin

Cardozo Law Review

This Article diagnoses a phenomenon, "criminal employment law," which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …

Crime, Punishment, And Legal Error: A Review Of The Experimental Literature, Kathryn Zeiler, Erica Puccetti

Faculty Scholarship

When individuals violate the law, detection and verification of the violation are rarely, if ever, perfect. Before the state can dole out punishment, it must first identify a suspect and then produce sufficient evidence to persuade a judge and/or jury beyond some threshold level of confidence that the suspect, in fact, violated the law. The court might be uncertain that the state has the right person. If the suspect is undoubtedly the one who caused the harm, the court might be unsure about whether his act constitutes a violation of the law (e.g., whether the suspect was, in fact, speeding). …

Cooper V. State, 134 Nev. 52 (July 26, 2018) (En Banc), Xheni Ristani

Nevada Supreme Court Summaries

The Court invoked its supervisory powers and adopted a rule of admissibility to limit the use of a probationer’s testimony in a subsequent criminal proceeding.

The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan

Brooklyn Law Review

Few areas of the law are as hotly debated as gun control, or as universally condemned as domestic violence – and the Supreme Court’s decisions on the Lautenberg Amendment address both. An amendment to the Gun Control Act, it prohibits persons convicted of a misdemeanor crime of domestic violence from owning a firearm. The amendment qualifies a predicate conviction as one that has a “force clause” as an element. In particular, while looking at the force in domestic violence, the Supreme Court has acknowledged that one must also look to context: a “squeeze of an arm” of an intimate partner …

State Of Nevada V. Second Judicial District Court., 134 Nev. Adv. Op. 51 (Jul. 19, 2018), Ronald Evans

Nevada Supreme Court Summaries

The Court determined that when the State allows a defendant to plead guilty to a first offense domestic battery for a second offense of domestic battery, the State must treat the second conviction as a first conviction for enhancement purposes unless the defendant receives appropriate clarification and warning of the State’s intention to use the second conviction as a second conviction for future enhancement purposes.

Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus

Other Publications

Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that violate fundamental fairness,” according to the Supreme Court. Yet today, federal courts provide relief in fewer than half of one percent of cases in which a non-capital state prisoner seeks relief through habeas. The Great Writ, it would seem, is no longer so great. In Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time, Eve Brensike Primus examines the various procedural and substantive hurdles that have been erected in the past half century that make it nearly impossible for state prisoners …

Cons, Constructions And Misconceptions Of Computer Related Crime: From A Digital Syntax To A Social Semantics, M. R. Mcguire

Qualitative Criminology (QC)

"Has the framing of computer crime been a process which has, in effect, left us all framed? What is it that we think that we understand when we use terms like “internet crime,” “cybercrime,” or “technocrime,” and in what sense does this understanding constitute knowledge? In particular, the kind of knowledge which can be defined as “social scientific?” In this paper, I apply one of the key distinctions used to define computational processes – that made between a syntax and a semantics – to illustrate some of the problems that have affected our thinking about cybercrime and undermined our responses …

Technocrime At The Margins: Introduction To The Special Issue On Critical Or Marginal Perspectives And Issues In The Study Of Technocrime, Kevin F. Steinmetz

Qualitative Criminology (QC)

"When first asked to guest edit a special issue of the Journal of Qualitative Criminal Justice and Criminology, I admit that I was hesitant. I knew from helping Willard Oliver start this journal and from working as its first book review editor that editorship can be trying—and often underappreciated— work. Tom Holt, the editor of the journal at the time, however, was ambitious and willing to take some risks in his mission to carry the journal forward. As such, he offered me tremendous latitude and support for pursuing my unique vision for a special issue on technocrime issues from …

The Cyborgian Deviant: An Assessment Of The Hacker Through The Lens Of Actor-Network Theory, Wytske Van Der Wagen

Qualitative Criminology (QC)

"When we think of technocrime, it is immediately “the hacker” who comes to mind, a somewhat mystical figure who can do seemingly magical as well as malicious things with technology. Throughout history, various scholars, including criminologists, have sought to grasp the hacker phenomenon so as to unravel hackers’ techno-culture, identity, and mentality. The current study is one of them, yet it does so from a novel, less anthropocentric angle. Drawing on the cyborg-lens of actor-network theory, which considers the human and the technical as nonseparable, this study conceives the hacker as a “cyborgian deviant:” a transgressive blend of human and …

The Use Of Mythic Narratives In Presidential Rhetoric On Cybercrime, Joshua B. Hill, Nancy E. Marion

Qualitative Criminology (QC)

"What politicians say about crime matters, both because of the impact their rhetoric has on public opinion and the policies and motives those words often portend. This is no different when presidents speak about the relatively new area of technocrime. As with other types of crime, political rhetoric on technocrime relies on previous social constructions of the problem, which are (in part) based on myths rooted in popular culture. These myths can be used to help forward political agendas in ways that may be useful to the politician, but that do not address the causes or effects of technocrime. Using …

Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt

Qualitative Criminology (QC)

"The social impact of technologies is evident among both teenagers and young people. Youth now experience and engage in most aspects of daily life “online” through the use of social media, mobile phones, and the Internet. This has led to a host of concerns, from parents, educators, advocates, and law enforcement regarding the ways in which this technology is being used, with the debate focused primarily on the issue of “sexting” or sharing of naked and semi-naked selfies. This paper explores sexting behavior from a critical perspective, examining the individual and institutional narratives that continue to shape and influence opinion …

Coping With Cybercrime Victimization: An Exploratory Study Into Impact And Change, Jurjen Jansen, Rutger Leukfeldt

Qualitative Criminology (QC)

"An increasing number of Internet users are dealing with cybercrime victimization. In order to find out whether victims adequately recover from cybercrime incidents, it is important to gain insight into its effects and impact on users. However, as it stands now, there is not much literature on the impact of cybercrime. We address this gap by qualitatively examining the impact of two types of cybercrime, namely phishing and malware attacks targeting online banking customers. We used the coping approach as a framework to study how victims deal with the negative events they have experienced. In order to study the impact …

A Touchy Subject: The Eleventh Circuit’S Tug-Of-War Over What Constitutes Violent “Physical Force”, Conrad Kahn, Danli Song

University of Miami Law Review

No abstract provided.

Habeas Won And Lost: The Eleventh Circuit’S Narrow View Of State Court Judgments, Christina M. Frohock

University of Miami Law Review

The Eleventh Circuit vacated its panel opinion in Patterson v. Secretary and reheard the case en banc. The court’s new opinion revisits the prohibition against “second or successive” habeas corpus petitions in 28 U.S.C. § 2244(b) and embraces the dissenting view in the prior opinion, rejecting the reasoning of the majority. A new state court judgment resets the habeas clock, allowing a prisoner to file an additional federal habeas petition without running afoul of section 2244(b). Previously, the court offered an expansive view of such judgments, looking to whether the state court has substantively changed the prisoner’s sentence. The court …

Reforming Policing, André Douglas Pond Cummings

Law Faculty Scholarship

Law enforcement killing of unarmed black men and police brutality visited upon minority citizens continues to confound the United States. Despite protests, clarion calls for reform, admitted training shortcomings and deficiencies among U.S. law enforcement officers, conferences, summits, and movements to reform policing, the solution to ending undisciplined police violence and the hostile killings of unarmed minority individuals at the hands of U.S. police seems to elude us. Why should this be? The United States is home to some of the most creative, innovative, pathmarking, and course-changing thinkers the world has ever known. This challenge — police killing of unarmed …

Concept Of Corruption And Some Prevention Measures, R Zufarov

ProAcademy

The a rticle analyzes the co n c e p t o f c o rru p tio n a n d m easures to p re ve n t it Besides, intern a tio na l a n d n a tio n a l le g a l b a se so n co rru p tio n a n d brib e ry, m ethods o f co un tera ctio n a n d experience o f fo re ig n countries in this sphere a re covered.

Liability For T E Legaliation Of Proceeds From Criminal Actiity: A Comparat1e Legal Analysis, X Karimov

ProAcademy

In this a rticle the essence o f in te rn a tio n a l docum ents in the fie ld o f c o m b a tin g a g a in s t m o n e y la u n d ry as w ell as co m pa ra tive analysis with the legislation o f fo re ig n countries have been h ig h lig h te d a n d p rop o sa ls fo r im proving n a tio n a l legislation have been c a rrie …

Lies, Deceit, And Bullshit In Law, Lawrence Solan

Faculty Scholarship

No abstract provided.

Comparative Analysis As An Antidote To Tunnel Vision In Criminal Law Reform: The Example Of Complicity, Luis E. Chiesa

Journal Articles

In the context of criminal law reform, the tunnel vision that is produced by deeply embedded paradigms or patterns of criminality has the effect of stifling creativity. If left unchecked, the assumptions that serve as the backdrop to our criminal justice system will likely prevent reformers from giving serious consideration to alternatives that are in tension with the dominant patterns of criminality. I will end by arguing that one way of avoiding this outcome is by engaging in the comparative analysis of criminal law. Comparative analysis serves as a kind of “second opinion” that may help criminal law reformers to …

Reshaping A Fractured System: Arlen Specter’S Footprint On The Criminal Justice System In The U.S., Kaitlyn Brown

Arlen Specter Center Research Fellowship

The criminal justice system in the United States of America has been in peril since the beginning of the 1960’s, spiraling downward as the rates of crime shot upward across the country. Such drastic changes to a major system within the United States brought the issue of criminal justice to the forefront of nearly every political agenda of politicians in office. This paper examines the work one such politician, the late Pennsylvania Senator Arlen Specter, performed in his fight against the crippling system. This paper evaluates the actions and policies Specter introduced, from his controversial Armed Career Criminal Act to …

The Institutions Of Innocence Review: A Comparative Sociological Perspective, Jessica A. Roth

Articles

The last three decades have seen the rise of an international innocence movement that has forced participants in diverse criminal justice systems to confront their systems’ fallibility, previously thought more theoretical than real. The public acknowledgment of that fallibility has led to the creation of new institutional mechanisms to re-examine old convictions. This short essay prepared for a symposium issue of the Rutgers University Law Review on the theory of criminal law reform compares the error correction institutions created in the United Kingdom, Canada, and the United States, three English-speaking countries with common law roots and an adversarial structure, through …

Companion Animals Are More Than "Just" Personal Property: Oregon Supreme Court Joins Growing National Trend, Kathleen Simers

Loyola of Los Angeles Law Review

No abstract provided.

The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl

Indiana Journal of Global Legal Studies

Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …

Unusual: The Death Penalty For Inadvertent Killing, Guyora Binder, Brenner M. Fissell, Robert Weisberg

Indiana Law Journal

Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony, but has not yet addressed the culpability required for execution of the …