Criminal Law Commons^™

Objective Punishment, Anthony M. Dillof

University of Cincinnati Law Review

No abstract provided.

Noble Intent Is Not Enough To Run Veterans Court Mentoring Programs: A Qualitative Study Of Mentors’ Role Orientation And Responsibilities, Anne S. Douds, Eileen M. Ahlin, Cassandra Atkins-Plunk

Qualitative Criminology (QC)

"Mentoring is a key component of veterans treatment courts, a diversionary problem-solving court for justice-involved military veterans. Mentoring programs are unique to veterans’ courts; no other problem-solving courts systematically include them as critical components of their court programming. Despite their prominence in veterans courts, little is known about mentor program operations and court expectations for mentors’ roles and responsibilities. This study examines mentors’ roles and responsibilities as perceived by mentees, mentors, and veterans treatment court staff. Using in-depth interview data from respondents from each of these groups, supplemented by observational data from court hearings and pre-court meetings, we identify three …

U.S. Prisons And System Reform, Darian Reimels

English Department: Research for Change - Wicked Problems in Our World

Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will …

An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella

Criminology Student Work

d/Deaf and Hard of Hearing individuals have faced substantial discrimination when it comes to education, healthcare, and employment. This paper argues that discrimination in our criminal justice system is likely no exception. Previous research has shown that d/Deaf and Hard of Hearing inmates are treated unequally while serving time in prison (Vernon, 2010). Rather than using proactive measures to provide appropriate resources within prison, correctional facilities within the U.S. tend to be reactive to the claims of d/Deaf and Hard of Hearing inmates once they are released from prison. There is no literature that I am aware of that has …

The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens

Criminology Student Work

Forensic interrogation is a vital step in the process of criminal investigations in order to extract information about suspects and the crime at hand. However, tunnel vision, artificial time constraints, lack of thorough training, and noble-cause corruption can influence how an investigator decides to interrogate a suspect or witness. When these influences are exerted on an investigator, the need to secure an arrest and conviction overpowers the need for justice - this results in false confessions and wrongful convictions. This is otherwise known as “the end doesn't justify the means” mindset. This causes investigators to engage in unethical interrogations, whether …

American Law Enforcement Responses To Covid-19, Matthew B. Kugler, Mariana Oliver, Jonathan Chu, Nathan R. Lee

JCLC Online

No abstract provided.

Where Should We Land?: Flyover Districts As Proper Venue For Crimes Committed In Air On Domestic Flights, Megan E. Mccarthy

JCLC Online

This Essay explores the recently resolved circuit split between the Ninth, Tenth, and Eleventh Circuits regarding the proper venue for crimes committed on an airplane during flight. In 2019, the Ninth Circuit held that the proper venue for trying an assault that happened midflight was the district over which the airplane was flying when the assault occurred. While flyover districts may seem like a surprising and inconvenient choice for venue, flyover districts are the only constitutionally proper venue for point-in-time offenses that occur on airplanes during flight. Furthermore, using current aviation tracking protocols and GPS technology, courts can pinpoint the …

State Courts Must Combat Mass Incarceration By Granting Broader Retroactivity To New Rules Than Is Provided Under The Federal Teague V. Lane Test, Jamila Johnson, Talia Macmath

JCLC Online

No abstract provided.

Considering Sanctions Compliance In Light Of Ucc 4a, Michael Zytnick, Alaina Gimbert

Michigan Business & Entrepreneurial Law Review

As part of a bank’s financial crime compliance program, it is increasingly common to screen and halt the processing of a payment order for compliance investigation where reference is made to a potential, but unconfirmed, target of United States economic sanctions. This essay discusses challenges under Article 4A of the Uniform Commercial Code concerning the timing of such an investigation and the creation of potential liability where a bank wrongly accepts by execution a previously halted payment order received from a sender following five funds transfer business days after the relevant execution date or payment date of that order. In …

Advancing Fundamental Principles Through Doctrine And Practice: Comments On Darryl Robinson, Justice In Extreme Cases, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

I am honored to comment on Darryl Robinson's terrific new book which makes an extraordinary contribution to the literature on international criminal law (ICL). Already an admirer of Robinson's work, I learned a lot from reading his book and find his approach convincing. Broadly speaking, there is not much, if anything, on which I disagree with Robinson. I share his criticisms of international criminal tribunal reasoning. I welcome the call for greater attention to deontic considerations. I agree on the importance of the fundamental principles that Robinson identifies, and I also agree that justifying these principles does not require consensus …

It’S Time To Put Character Back Into The Character-Evidence Rule, Steven Goode

Marquette Law Review

Federal Rule of Evidence 404(b), which governs the admissibility of other-acts evidence, is a mess, and recently-promulgated amendments will not fix it. The amendments fail to address the two major problems underlying Rule 404(b). First, the rule is based on a categorical judgment about the relative probative value and unfair prejudice of other-acts evidence when offered as character evidence; that is, to prove the defendant acted in accordance with his or her character. In numerous cases, however, other-acts evidence is highly probative and the rule’s categorical judgment is decidedly wrong. Not surprisingly, courts often admit such evidence, typically by erroneously …

A Net For A Cooperator’S Leap Of Faith: The Due Process Need For Universal Acceptance Of Bad Faith Review Of Prosecutors’ Substantial Assistance Determinations In Federal Sentencing, Lucius T. Outlaw

Marquette Law Review

Cooperation is critical to federal criminal cases. For the government, cooperation is vital to securing the leads, information, and evidence needed to successfully investigate and prosecute criminal activity, particularly drug trafficking conspiracies and white-collar fraud crimes. For federal defendants, cooperation is the primary way to reduce their prison time exposure. Therefore, how a defendant’s cooperation is evaluated and translated into sentencing leniency is a significant issue for the government and cooperating defendants. Federal law and sentencing guidelines grant the keys to the

evaluation process to federal prosecutors by requiring a prosecutor’s substantial assistance motion before a judge can grant sentencing …

Failing To Protect The Vulnerable: The Dangers Of Institutional Complicity And Enablers, Amos N. Guiora

Utah Law Faculty Scholarship

Criminal liability has typically been reserved for those who have both actus reus and mens rea. Omission liability is infrequent in modern criminal codes. Despite wide public support for aiding those in peril, Western democracies have historically refused to impose any penalty upon those who fail to aid someone in danger.

However recent high profile abuse scandals—including those of the USA gymnastics team, University of Michigan and the Catholic Church have caused scholars and policymakers to rethink these assumptions. In recent years, some jurisdictions have slowly come to criminalize those who witness another in peril and fail to provide aid. …

Darryl Robinson's Model For International Criminal Law: Deontic Principles Developed Through A Coherentist Approach, Milena Sterio

Law Faculty Articles and Essays

Darryl Robinson’s new book, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law, presents a compelling argument: that international criminal law would benefit from deontic reasoning. According to Robinson, this type of deontic reasoning “requires us to consider the limits of personal fault and punishability,” and is a “normative reasoning that focuses on our duties and obligations to others.” Moreover, Robinson argues in this book that coherentism is the best method for identifying and defining deontic principles. Robinson explains that coherentism is an approach where “[w]e use all of our critical reasoning tools to test past understandings …

The Rural Texas Sheriff, Andrew L.B. Davies, Valeria Liu, Elisa Torossian

Deason Center Reports

The Rural Texas Sheriff reports on a focus group conducted in conjunction with the Deason Center's 2019 Rural Criminal Justice Summit. The report places rural Texas sheriffs and their agencies in a national context. It also offers insight into the focus group's perceptions of rural law enforcement and jail management. With first-hand accounts of these sheriffs’ experiences, the report offers a compelling look at the personal and professional lives of Texas’ rural sheriffs.

Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul Heaton

Indiana Law Journal

Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention.

This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the …

Plea Bargains: Justice For The Wealthy And Fear For The Innocent, Emily Stauffer

Brigham Young University Prelaw Review

The Supreme Court has consistently recognized the hardships of the poor in the criminal justice system and has set a precedent that if a person cannot afford access to any level of the criminal justice system, the state must remove that financial barrier. Prosecutorial tactics in the plea-bargaining process coerce the poor into waiving their right to trial. The unequal access to trial between the poor and non-poor violates the Fourteenth Amendment, which requires that states remove any barrier that restricts the poor from the criminal justice system. The Court has left the states to decide which solutions will work …

Giving Due Process Its Due: Why Deliberate Indifference Should Be Confined To Claims Arising Under The Cruel And Unusual Punishment Clause, Shad M. Brown

Washington and Lee Journal of Civil Rights and Social Justice

This Note discusses culpability requirements for claims brought by pretrial detainees and convicted prisoners. The initial focus is on deliberate indifference, a culpability requirement formulated under the Cruel and Unusual Punishment Clause but symmetrically applied to claims arising under the Due Process Clause of the Fourteenth Amendment. The Note then shifts to Kingsley v. Hendrickson, a landmark Supreme Court decision that casts doubt on the application of Eighth-Amendment standards to Fourteenth-Amendment claims. Finally, this Note advocates for the application of objective unreasonableness, a different culpability requirement, to claims arising under the Due Process Clause. It does so on the …

Rehabilitating Charge Bargaining, Nancy Combs

Indiana Law Journal

Nobody likes plea bargaining. Scholars worldwide have excoriated the practice, calling it coercive and unjust, among other pejorative adjectives. Despite its unpopularity, plea bargaining constitutes a central component of the American criminal justice system, and the United States has exported the practice to a host of countries worldwide. Indeed, plea bargaining has even appeared at international criminal tribunals, created to prosecute genocide and crimes against humanity—the gravest crimes known to humankind. Although all forms of plea bargaining are unpopular, commentators reserve their harshest criticism for charge bargaining because charge bargaining is said to distort the factual basis of the defendant’s …

Addressing Abuse In Drug Cases: Violence As A Mitigating Factor In Safety Valve Sentencing, Samantha Louise Burton

Brigham Young University Prelaw Review

Our current criminal justice system does not adequately consider the effects of abuse on drug crime offenders during the process of determining their sentences. Despite the fact that abuse has very real scientifically corroborated effects on a defendant’s culpability, judges sometimes misinterpret how abuse suffered by (predominantly female) defendants affects their participation in a drug crime. Furthermore, the safety valve—a provision that allows downward departure on a sentence for low-level nonviolent drug offenders who meet certain conditions—does not account for abuse at all. This paper proposes adding a qualification to the safety valve that prompts judges to consult with mental …

The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh

Articles

No abstract provided.

The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa

Dickinson Law Review (2017-Present)

Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …

Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain

Dickinson Law Review (2017-Present)

The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose a redefinition that includes other miscarriages of justice: A wrongful conviction is a conviction or adjudication for someone who never should have been involved in the juvenile or criminal legal system in the first place. Although there are various miscarriages of justice that might appropriately be categorized under …

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Washington and Lee Law Review

Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform. Myths about …

Starvation: Building The Case For Prosecuting Starvation Crimes In Yemen, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley

Dickinson Law Review (2017-Present)

The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …

Pretrial Custody And Miranda, Kit Kinports

Washington and Lee Law Review

In two recent opinions, Maryland v. Shatzer and Howes v. Fields, the Supreme Court concluded that inmates serving prison sentences were not in custody for purposes of Miranda—in Shatzer’s case while he was living among the general prison population and in Fields’s case while he was undergoing police interrogation. The question addressed in this Article is one that has divided the lower courts in the wake of those two decisions: the impact of the Court’s rulings on the hundreds of thousands of pretrial detainees in this country, many of whom are poor, Black, and Brown. This Article maintains that …

"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin

Articles & Chapters

Bob Dylan wrote the song Hurricane to draw the public’s attention to the conviction of the boxer, Rubin “Hurricane” Carter, for a crime (multiple murders) which Carter did not commit. Dylan’s song – and its performance as a part of Dylan’s fabled Rolling Thunder Tour – brought significant public attention to this case (and the miscarriage of justice it reflected), and eventually led to the granting of federal habeas corpus (a decision affirmed by the Third Circuit) and the freeing of Carter from state prison in New Jersey. The song takes the listener from the facts of the crime, through …

Nebraska Press Association V. Stuart: A Synopsis And Archive For A First Amendment Landmark, Sydney Brun-Ozuna

Honors Program: Senior Projects (Public)

This project explores in depth the background, arguments, precedents, and impact of the First Amendment Supreme Court case, Nebraska Press Association v. Stuart. This project utilizes newspaper coverage of the trial that informed the case and the case’s journey to the United States Supreme Court, as well as files obtained from the chambers of multiple former U.S. Supreme Court justices, publicly available oral arguments made before the court, and the ultimate decision from the Supreme Court, to create a holistic image of this case. Given the importance of this case in securing the right of the press to report on …