Criminal Law Commons^™

Cruel And Unusual: Closing The Door On Juvenile De Facto Life Sentences, Thomas Garrity

Catholic University Law Review

There currently exists a split amongst the Federal Circuit Courts that stands ripe for review. The Supreme Court laid down clear precedent in its landmark decisions of Roper v. Simmons, Graham v. Florida, and Miller v. Alabama that capital punishment and life without parole are cruel and unusual as applied to juvenile non-homicidal offenders categorically and as applied to juvenile homicidal offenders without consideration of youth as a mitigating factor. There, however, was a door left open by these cases that allowed for judges to side-step the Court’s mandate. Using excessively long term-of-years sentences—longer than the most hopeful of estimates …

When Is Police Interrogation Really Police Interrogation? A Look At The Application Of The Miranda Mandate, Paul Marcus

Catholic University Law Review

Decades after the Supreme Court’s decision in Miranda v. Arizona, questions abound as to what constitutes interrogation when a suspect is in custody. What appeared a concise, uniform rule has, in practice, left the Fifth Amendment waters muddied. This article addresses a potential disconnect between law enforcement and the courts by analyzing examples of issues arising from Miranda’s application in an array of case law. Ultimately, it attempts to clarify an ambiguity by offering a standard for what conduct classifies as an interrogation.

Clarifying The Probable Cause Standard In The Internet Age For Crimes Involving Child Pornography, Justin Kenyon

Catholic University Law Review

Since the rise of the Internet Age in the early 1990s the distribution of child pornography has increased at a staggering rate. In response Congress has repeatedly enacted legislation with the goal of eliminating the child pornography industry however, to date, a uniform probable cause standard to find evidence of these crimes remains elusive. This article explores the various approaches used to establish a sufficient basis of probable cause to search for evidence of child pornography. Within the last decade a clear divide has formed around the question of whether a prior conviction of child molestation can contribute to a …

Crimes Against Electronic Signatures In Saudi Law, Osama Ghanem Alobaidy

UAEU Law Journal

The communication and information era revolution in tandem with the technological development resulted a great increase in electronic business transactions. Electronic signature technology, which is necessary to authenticate electronic transactions, has been vital in achieving this development. People are using the internet to buy goods and services of all sorts and kinds.

Business transactions, which often require negotiations, a lot of money, and complicated contracts, electronic signatures can render the contract legal, valid, binding, and enforceable.

Businesses want to contract electronically for practical reasons, such as more efficient transactions and reduction of paperwork; in addition, electronic contracting can save money …

Foundations And Types Of Criminal Liability Of A Legal Person In The English Law And The Penal Code Of The United Arab Emirates: A Comparative Study, Butti Sultan Al-Muhairi

UAEU Law Journal

This Article aims to determine the basis and type of corporate criminal liability provided by the UAE Penal Code. To achieve this aim, comparison has been made between the UAE Penal Code and the English Law. The development of corporate criminal liability within the English Law, the basis, type and theories established such liability have been examined. It is seen that the English Criminal Law makes distinction between two types of corporate criminal liability, indirect and direct liability. The English Courts base the indirect liability upon the principle of vicarious liability. This type of liability applies to offences of strict …

Guilty Plea Agreements In The United States Of America: Study The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates First Section, Meshari Al-Eifan

UAEU Law Journal

In the first section of this study, this study reviews the concept of Guilty Plea Agreements. In addition, this reviews the conditions of validity of these agreements in light of constitutional and legal terms.

Guilty Plea Agreements In The United States Of America: Study On The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates, Meshari Al-Eifan

UAEU Law Journal

The second section of this study, it reviews the possibility of the application of the Guilty Plea Agreements in the Kuwaiti and UAE legal systems.

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette

Undergraduate Economic Review

Black males received sentences about twenty percent longer than similarly situated white males from 2012 to 2016. Some of this inequality may be introduced by mandatory minimum sentences. Charges carrying a mandatory minimum sentence are brought against Black defendants at higher rates than white defendants. It has been argued that these sentences introduce bias in two ways: legislatively (the types of crimes that carry a mandatory minimum) and in the way these sentences are put into practice (increasing prosecutorial discretion). This brief explores whether mandatory minimum sentences increase racial inequality in criminal sentencing.

Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

No abstract provided.

The Crime Of Defamation Through The Means Of Information Technology In Light Of The Saudi Anti-Cybercrime Law: A Comparative Study, Mohamed Almazmoumi

UAEU Law Journal

This study emphasized on the importance of conducting a research about the online defamation crime to clarify its negative impacts, how it can be dealt with, the main pillars of this crime and how it can be addressed based on the Saudi Anti-Cyber Crime Law which was issued under the Council of Ministers Decision No. 79, dated 7/3/1428 H. The online defamation crime is one of most difficult crime to prove as it happens in cyber space which is not completely governed and controlled. Therefore, this study tried to address some the obstacles that face the prove of this crime …

The Legal Provisions Of Induced Abortion Leading To Death In The Jordanian And The Uae Legislations, Abdullah M. Ahjaila

UAEU Law Journal

This study addresses the legal characterization of the crime of “induced abortion leading to death” in light of the Jordanian and UAE legislations, especially that the the UAE Penal Law does not provide for a special characterization for such a crime.

The study aims at determining the legal characterizations that could be gathered in this crime, which leads to what is known as the “concurrence of the mens rea”. This is because whoever assaults a pregnant woman with the intention to cause her abortion, and the woman dies as a result, this act could either be characterized as assault leading …

Go Phish: Circuit Split In Policy Interpretation For Social Engineering Fraud Losses Creates Ambiguity For Insurers And Insureds, Gabriella Scott

Villanova Law Review (1956 - )

No abstract provided.

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

Police Reform Through A Power Lens, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna

Qualitative Criminology (QC)

"Once incarcerated, inmates face a myriad of potential threats to their physical and emotional wellbeing. The threat of being sexually or otherwise victimized while in prison breeds anxiety and fear among inmates, especially those who are new to the prison environment. In response, inmates have developed strategies to avoid victimization. The present study, utilizing self-report questionnaires, asked a sample of male and female inmates in a large Southern prison system about the advice they would give to another newly incarcerated inmate to avoid being sexually assaulted. A thematic analysis of inmates’ open-ended responses revealed male and female inmates have different …

The Intersection Of Wrongful Convictions And Gender In Cases Where Women Were Sentenced To Death Or Life In Prison Without Parole, Connor F. Lang

Michigan Journal of Gender & Law

This Note examines National Registry of Exonerations data and discusses the prevalence of false confessions and presence of a child victim in cases of women who were convicted of murder, received a serious sentence, and were later exonerated. After looking at the cases of women exonerated after receiving death sentences or life without parole sentences in light of the prevalence of these factors, this Note argues that examination of the cases reveals that the presence of a false confession or a child victim may have contributed to some of the wrongful convictions where these factors may have led to the …

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis A. Taniguchi

Department of Counseling Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …

Criminal Record Relief For Human Trafficking Survivors: Analysis Of Current State Statutes And The Need For A Federal Model Statute, Ashleigh Pelto

Michigan Journal of Gender & Law

This Note defines criminal record relief and analyzes the effectiveness of three state criminal record relief statutes at protecting trafficking survivors. This analysis is based on State Report Cards: Grading Criminal Record Relief Laws for Survivors of Human Trafficking by Polaris, a leading human trafficking nonprofit. It next discusses the absence of federal criminal record relief and how a statute at the federal level could provide relief for survivors with federal convictions while simultaneously providing a model for states to ensure their statutes incorporate best practices for record relief moving forward. This Note then discusses how Polaris’s report stops short …

The Stability Paradox: The Two-Parent Paradigm And The Perpetuation Of Violence Against Women In Termination Of Parental Rights And Custody Cases, Judith Lewis

Michigan Journal of Gender & Law

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable.

This Article …

Judging By The Cover: On The Relationship Between Media Coverage On Crime And Harshness In Sentencing, Itay Ravid

Faculty Publications

Does the mass media affect judicial decisionmaking? This first of its kind empirical study delves into this long-lasting question, and investigates the relationship between media coverage of crime and criminal sentencing. To do so, I construct a novel data set of media reports on crime, which I link to administrative state court sentencing records. The data span five years and more than forty-three thousand sentencing decisions across three jurisdictions that differ in their judicial selection models: Pennsylvania, Maryland, and Virginia. I find that crime coverage increases sentencing harshness. I also find evidence to suggest that this effect is mitigated through …

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson

Loyola of Los Angeles Law Review

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.

– William O. Douglas

Screening And Charging Practices Of Three Mid-Sized Jurisdictions, Deason Criminal Justice Reform Center

Deason Center Reports

Understanding how prosecutors make their screening and charging decisions is essential to criminal legal reform. This preview report is the first in a series of publications that explores the screening and charging practices of prosecutors in three mid-sized jurisdictions. Through an innovative mixed-methods empirical study, the series provides a holistic account of prosecutors’ charging practices.

Willful Blindness As Mere Evidence, Gregory M. Gilchrist

Loyola of Los Angeles Law Review

The willful blindness doctrine at criminal law is well-established and generally fits with moral intuitions of guilt. It also stands in direct tension with the first principle of American criminal law: legality. This Article argues that courts could largely preserve the doctrine and entirely avoid the legality problem with a simple shift: willful blindness ought to be reconceptualized as a form of evidence.

Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester

Qualitative Criminology (QC)

Since the Great Recession in 2007, rural employment rates have been steadily increasing. According to a 2020 United States Department of Agriculture report, rural unemployment has been at its lowest in over a decade. However, such aggregate trends overlook an important aspect of work—its meaningfulness. In many small towns throughout the Southern United States, much of the available work pays little and demands much on the body. As a result, meaningful employment is often out of reach for some men living in the rural South.

Opening The “Black Box” Of Federal Illegal Reentry Sentencing: A Non-Participant Observational Analysis Of Sentencing Constraints And Judicial Discretion, Kevin Buckler

Qualitative Criminology (QC)

"Judicial discretion in sentencing has historically produced disparities in criminal sentencing outcomes. In an effort to address disparity at the federal level, in 1984, the U.S. Congress passed legislation that led to the creation of the U.S. Sentencing Commission and subsequently the adoption of federal sentencing guidelines. Studies show that even among similarly situated defendants (in terms of offense score and criminal history category) disparities have persisted regardless of the sentencing guidelines. An understudied source of disparity is the combined and interactive role of judges, prosecutors, and defense attorneys in the application of the guidelines and the statutory framework that …

Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla

Qualitative Criminology (QC)

In 1971, President Nixon officially declared the War on Drugs. Flash forward to 2020 and the prison population is approximately 2.3 million people, with 1 in 5 of those individuals having been incarcerated for a non-violent drug offense (Wagner & Wagner, 2020). Among those caught up in drug offenses stemming from the policies enacted during the War on Drugs, the majority are baby boomers. Baby boomers are those that are born between the years 1946 and 1964, and whose current population is approximately 73 million, the second largest generation aside from Millennials (Census, 2019). By the start of the 21st …

Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley

Qualitative Criminology (QC)

"This paper examined the perceptions of convicted sex offenders and their interactions with law enforcement over time. Specifically, we focused on how formal interactions influenced stigma management and self-identity transformation. For decades, scholars have proposed that identities and behaviors often result from interactions with others. Sex offender registration and notification laws force interactions between registrants and police agents for years, if not a lifetime. Given that desistance from sex offending is dependent on prosocial identity transformation, we analyzed interviews with 63 registrants to uncover how interactions with police promote or inhibit identity transformation over time. Our findings suggested interactions with …

Interpersonal Interaction Between Prisoners And Officers In Prisons: A Qualitative Meta-Synthesis Exploring Prison Officer Wellbeing, Davinia Rizzo, Belinda Davey, Melanie Irons

Qualitative Criminology (QC)

"The wellbeing of prison officers has primarily been understood as a function of contextual variables such as their workplace and the nature of their role. Yet the research suggests the officers’ gender and tenure are the only statistically significant predictors of wellbeing for this population (Butler, Tasca, Zhang, & Carpenter, 2019). These findings suggest that variables at the person level may be more important than contextual variables. As such, we conducted a qualitative, meta-synthesis to explore how interpersonal interactions between prisoners and prison officers may affect the health and wellbeing of prison officers. Following a systematic review of the literature, …