Criminal Law Commons^™

"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza

Loyola of Los Angeles Law Review

No abstract provided.

Federal Sentencing Guidelines, Thomas D. Church

Mercer Law Review

In 2017, the United States Court of Appeals for the Eleventh Circuit continued its efforts to untangle the complex web of laws known as the Federal Sentencing Guidelines. The year saw a number of precedential decisions interpreting its provisions, including those governing specific offenses such as drug trafficking and fraud, as well as those setting forth the proper methodology for establishing a defendant's criminal history.

This Survey identifies and summarizes the important holdings from these decisions. Section II begins with the decisions reviewing an application of the Guidelines provisions for specific offenses, and the different enhancements available for certain classes …

The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa

Journal Articles

No abstract provided.

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

Journal Articles

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 …

287(G) Agreements In The Trump Era, Huyen Pham

Faculty Scholarship

Articulated as a priority in President Trump’s executive orders, his administration has forcefully pushed to sign more 287(g) agreements (and more aggressive forms of those agreements) with local law enforcement agencies (LEAs). In the summer of 2017, the administration signed eighteen new agreements in the state of Texas alone. At the end of 2017, there were at least thirty-eight other LEAs interested in joining the program. Once these agreements come online, the result will be more local law enforcement officers deputized to enforce immigration laws than have ever existed in the history of the 287(g) program.

What are the implications …

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

Faculty Publications

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 …

The Confrontation Clause: Employing The "Greatest Legal Engine Ever Invented For The Discovery Of Truth" To Promote Justice In Criminal Courts, Ani Oganesian

Loyola of Los Angeles Law Review

No abstract provided.

Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow

Articles

It’s a venerable maxim of criminal jurisprudence that the state must never punish people for their mere thoughts—for their beliefs, desires, fantasies, and unexecuted intentions. This maxim is all but unquestioned, yet its true justification is something of a mystery. In this Essay, I argue that each of the prevailing justifications is deficient, and I conclude by proposing a novel one. The proposed justification captures the widely shared intuition that punishing a person for her mere thoughts isn’t simply disfavored by the balance of reasons but is morally wrongful in itself, an intrinsic (i.e., consequence-independent) injustice to the person punished. …

Against Shaming: Preserving Dignity, Decency, And A Moral-Educative Mission In American Schools, Amanda Harmon Cooley

St. John's Law Review

(Excerpt)

While there has been an extensive amount of scholarly discourse regarding the propriety of shaming as a criminal sanction, there has been almost no critical discussion about the validity of shaming punishments as disciplinary measures in schools. This Article is designed to initiate this needed dialogue by arguing for the cessation of school shaming through a legal theory lenses. To accomplish this objective, Part I of this Article provides a definitional foundation of shaming punishments. Part II of the Article presents the normative rejection of school shaming, which is grounded in both legal punishment theory and educational theory. It …

Penitentiary System Of Contemporary Uzbekistan: Current Condition And Future Promises In The Reformation Process, N.S. Salaev

Review of law sciences

This article illustrates concept of penitentiary system and essence of some definitions in the process of reformation by referring to the works of world’s various scholars. The paper also examines types of penitentiary establishments of Uzbekistan by analyzing legal framework of legislative acts. Furthermore, the author aimed to propose private penitentiary establishments as an alternative to public institutions. At the same time, the foreign experience in particular, experiences of USA, UK, Sweden studied in order to implement to national penal practice.

Approximate Judgments Of Determining The Subjective Aspect Of Risky Leave-Taking, S. Davletmuratov

Review of law sciences

This article focuses on the definition of subjective side leaving in danger.

The Motive And Purpose Of The Crime In Classifying The Offence, U. Zakirova

Review of law sciences

In this article thre was illuminated the motive and purpose of the crime, the essence, as well as their influence in the qualification of the crime, including the theoretical and practical problems of certain motives and goals of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan, are also covered. In addition, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan were elaborated.

The Issues Of Responsibility For Theft Crimes In Some Foreign Countries, T. Xasanov

Review of law sciences

This article presents a comparative legal analysis of the issues of responsibility for one of the most common crimes in the world – theft in the criminal codes of some foreign countries, given appropriate recommendations for improving the norms of the Criminal Code of the Republic of Uzbekistan, providing for responsibility for this crime.

Leaving And Entering Illegally The Republic Of Uzbekistan (Instructions And Specific Features), A. Allanova

Review of law sciences

This article analyzes the social danger and the necessity for establishing liability for illegal crossing the border or illegal entry to the Republic of Uzbekistan. Besides that, the legal order for going abroad and entry to the Republic of Uzbekistan and the consequences of breaking this order are also discussed in the paper.

Strengthening Of Law Enforcement Coordination Mechanism Is A Requirement Of Development Of The State, Sh. Mirzaev

Review of law sciences

This article discusses the issues of further development and improvement of the existing mechanism of coordination of law enforcement activities in Uzbekistan, in particular, the strengthening of the vertical power with simultaneous concretization of responsibility and increasing the level of transparency of law enforcement agencies. In this connection, the author presents relevant recommendations and proposals.

Theoretical Basis For Criminalization Of Premeditated Murder-For-Hire, X.M. Abzalova

Review of law sciences

Article analyses theoretical bases of establishment of a criminal liability for the premeditated murder committed for hire. On the basis of studying of opinions of doctrines and the criminal legislation the author comes to opinion on expediency of differentiation of premeditated murder from mercenary motives and premeditated murder for hire.

The Use Of Results Of Investigative Activities In Proving Criminal Cases: National And Foreign Experience, F. Ramazanova

Review of law sciences

This article discusses issues of the improvement of operative-search activity, local and foreign experience. Without the support of criminal procedural activity for operative-search activities, without developing a joint mechanism for the presentation and use of the results of operative-search activity in proving in criminal cases, it is impossible to achieve success in the disclosure and investigation of a significant number of crimes committed.

The Main Features Of Post-Penitentiary Adaptation, N. Sharipova

Review of law sciences

In this article the author conducted the issues of the post-penitentiary adaptation of persons who released from serving their sentences in places of deprivation of liberty, the concept of the post-penitentiary adaptation, its legal bases and significance. As well as, offers on improvement of the acts regulating this sphere are provided..

The Significance Of Criteria The Subject Of Crime In The Process Of Qualification Of Crimes, X. Karimov

Review of law sciences

The article analyzes the significance of a subject of crime in qualifying crimes, as well as the issues on a subject of crime in criminal legislation of foreign countries, besides, relevant proposals on improving legislation have been developed

Features Of Formation Of The Judges Corps: Experience Of Uzbekistan And Foreign Countries, J.X Abdurahmonxujaev

Review of law sciences

This article presents a comparative legal analysis of the procedure for the election and appointment of judges in the Republic of Uzbekistan, their legal foundations, similar and distinctive aspects, as well as the specific features of the formation of the judiciary in developed foreign states, and the author has given relevant recommendations and proposals.

Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan

Law School Blogs

No abstract provided.

Human Trafficking In Japan Through The Use Of Schoolgirls, Khyrsten Acadimia

International ResearchScape Journal

Joshi Kosei (JK Business), is the integration of schoolgirls in the human trafficking industry in Japan. It is a form of compensated dating called “Enjo Kosai.” Japan is currently ranked as a tier 2 country within the Trafficking in Persons 2017 report that is conducted by the United States Department of State. This is due to the lack of enforcement behind the current policies to prosecute traffickers and protect victims. This paper traces the human trafficking industry from World War II to present times, as well as the Joshi Kosei phenomena from the 1990s to the present. After that there …

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen

Seattle University Law Review

Existing Washington law does not sufficiently safeguard its citizens from “rape by fraud,” an action whereby a person obtains sexual consent and has sexual intercourse of any type by fraud, deception, misrepresentation, or impersonation. Rape by fraud is a form of sexual predation not always prosecutable under existing Washington law. In recent years, twelve states have adopted expanded rape by fraud statutory provisions. Presently, Washington’s rape statutes lack the expansive rape by fraud statutory language adopted by these twelve states. A recent sexual scam in Seattle has revealed holes in Washington’s rape statutes. This Note examines the history of rape …

Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, Eve Hanan

Washington and Lee Law Review Online

Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards’ central argument in The Professional Prospectus: A Call for Effective Professional Disclosure that attorneys should provide potential clients with a prospectus disclosing their performance history_—applies to criminal defense. I reject the proposition that most people …

Guerrina V. State, 134 Nev. Adv. Op. 45 (June 7, 2018), Xheni Ristani

Nevada Supreme Court Summaries

The Court affirmed Lyons v. State, which gives the courts discretion to reject a defendant’s request for self-representation if the request is untimely. Further, the Court affirmed the Mendoza v. State test, which allows a single incident to sustain convictions for both robbery and kidnapping if any movement or restraint creates a risk to the victim substantially exceeding what is necessarily present in the crime of robbery. Finally, the Court held that the State must satisfy NRS § 193.165 to sustain deadly weapon charges.

Gundy V. United States: Brief Of Scholars Whose Work Includes Sex Offense Studies As Amici Curiae In Support Of Petitioner, J. J. Prescott

Appellate Briefs

Amici are scholars whose work includes leading studies of persons convicted of sexual offenses and the laws applied to them. Amici are concerned that judicial decisions regarding these offenders have sometimes relied upon misunderstandings about the re-offense risks they pose and the impact of laws applied to them. Amici wish to provide the Court with accurate information about these subjects. Short biographies of each amicus are appended to this brief.

Discussions of sex offender registration take place against a backdrop of fear and loathing -fear that any change in law or practice that lifts registration requirements will result in great …

Equal Protection Under The Carceral State, Aya Gruber

Northwestern University Law Review

McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …

Cook's Field Guide To Prosecution In Georgia, Alan A. Cook

Books

In this practical guidebook former district attorney and director of the University of Georgia's School of Law Prosecutorial Justice Program Alan Cook shares his personal wisdom and advice gathered from his decades of experience into a single volume. The handbook includes introductions to each chapter topic, plus both quick and detailed reference sections on all aspects of criminal law and procedure. It also includes useful appendices with step-by-step practice guides for how to perform specific prosecutorial tasks (such as how to take a guilty plea). Law student testimonies from now seasoned attorneys at the start of the book indicate the …

Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri

Student Theses

Bait questions—hypothetical questions about evidence, often used by detectives during interrogations—can activate the misinformation effect and alter jurors’ perceptions of the evidence of a case. Here, we were interested in investigating whether mock jurors’ implicit biases could amplify the magnitude of the misinformation effect. We accomplished this by manipulating the age and race of the suspect being interrogated. As an extension of Luke et al. (2017), we had participants read a police report describing evidence found at a crime scene, then read a transcript of a police interrogation where the detective used bait questions to introduce new evidence not presented …