Criminal Law Commons^™

Analisis Politik Hukum Islam Berbasis Maqoshid Syari’Ah (Studi Terhadap Konsep Anak Sah Dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan), Asmuni Asmuni, Agus Firman

Jurnal Hukum & Pembangunan

This article aims to use maqashid sharia to analyze the conformity of the rules regarding legitimate children in Article 42 of the Marriage Law (UUP) with sharia principles. At the level of application of the law, it will also be seen whether the regulation is in accordance with the basic principles of maqashid. The results of this study indicate that the provisions of Article 42 UUP which equate the status of children born 'as a result of' and 'in' a legal marriage, are not in accordance with sharia principles. The Office of Religious Affairs (KUA) in determining marriage guardians for …

Mekanisme Hukum Adat Perdmaian (Mela Sare) Dalam Mewujudkan Rekonsiliasi Para Pihak Pasca Putusan Pengadilan Pada Masyarakat Lamaholot Di Adonara – Flores Timur, Handrianus David Ola Sili

Jurnal Hukum & Pembangunan

The substance aspect that underlies this writing in the Adonara community, the implication of a court decision is the breakdown of relations / relations both personal and social between the parties to the dispute or "kenetun". In order for the implication of the court decision to help eliminate the "kenetun" customary bulkhead, an effort was made to reconcile the parties to the dispute. Interesting to study more deeply, the Lamaholot community has a customary law tradition that is packaged in the traditional ritual of peace mela sare. This research is sociological law (sociological legal research) or empirical legal research with …

Abolition, And A Mule: Guest Lecturer In Race And The Foundations Of American Law Course 09-28-2022, Paul Butler, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Criminal Confrontation Of Encrypted Digital Currencies And Artificial Intelligence Crimes Analytical Study In Egyptian And Comparative Legislation, Dr Ramy Metwally El-Kady Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The world is on the cusp of a fourth industrial revolution, which is a tsunami of technological progress that will change the details of human life, through its dependence on the Internet of Things, Blockchain and artificial intelligence applications. Criminal law, legislators and criminal justice agencies do not seem isolated from these developments, and the research aims to shed light on the fourth industrial revolution and its new tools, address blockchain technology and its link to virtual currencies and their misuse, shed light on the rules of responsibility resulting from the use of artificial intelligence applications, and shed light on …

The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdulaziz Al-Hassan Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding.

Through the extrapolation …

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

'To Empower And Amplify Lgbtq+ Voices' 09-16-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Maternal Figures Or Aggressors: Controlling Images In Newspaper Constructions Of Police Violence Against Black Women And Men, Ashley Hollingshead

Qualitative Criminology (QC)

"In the last decade, media coverage of state-sanctioned police violence against Black women and men re-emerged. Despite campaigns that expose how Black women and men become victims of police violence, Black men’s fatalities gain more traction, garnering national outrage and calls for police reform, policy reform, and criminal justice reform (Crenshaw & Ritchie, 2015). I conduct a content analysis of 76 newspaper articles covering 24 cases of Black women and men from 2016 to determine how newspapers construct narratives of Black women and state-sanctioned violence in comparison to Black men. Newspaper articles reflect and construct differing narratives on Black women’s …

"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle

Qualitative Criminology (QC)

"The police murders of Breonna Taylor and George Floyd in the first half of 2020 sparked a powerful movement against police violence, white supremacy, and the carceral state with millions taking to the streets in the U.S. and globally. The movement coalesced around calls for police accountability, and to defund and abolish the prison industrial complex. While these calls for abolition were certainly not new, they reached national dialogues in a way not previously experienced. Although there are significant projects exploring abolition as a theory, there is not much scholarship on the specific area of the social movement that advocates …

Reclaiming Our Stories: Centering The Voices, Experiences, And Expertise Of Black, Indigenous, And Women Of Color (Biwoc) On The Carceral State (Introduction To The Special Issue), Janet Garcia-Hallett, Kanika Samuels-Wortley, Tri Keah Henry, Andrea S. Boyles

Qualitative Criminology (QC)

"This special issue of the Journal of Qualitative Criminal Justice and Criminology pays critical attention to systemic forces that impact Black, Indigenous, and Women of Color (BIWOC). It honors, respects, and reinforces the visibility of BIWOC not only as targets, survivors, activists, and community advocates relative to carceral systems, but showcases our presence as scholars with expertise across its components. In both instances, there continues to be erasure and invisibility that we hope to transform through this series. Reclaiming Our Stories takes on this challenge. This special issue highlights intersectional qualitative work, which includes articles written by BIWOC criminologists and …

One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter

Qualitative Criminology (QC)

"Overall, scholarship finds individuals have similar motivations to work in the criminal justice system. However, several studies acknowledge race and gender can influence motivations to work as justice professionals. Absent from the motivation and criminal justice profession literature is the potential role that skin tone plays. This gap is surprising as research firmly establishes people with darker skin complexions are more likely to negatively experience the criminal justice system. And thereby may find working as a criminal justice practitioner less desirable. Taken together, this raises the question, how does skin tone impact motivations to work in the justice system? To …

"I Went From Being Held Captive To Captivity Again": How The Criminal Legal System Fails Black Women And Girl Survivors Of Sex Trafficking, Cassandra Mary Frances Gonzalez

Qualitative Criminology (QC)

"Black women and girls are disproportionately arrested and incarcerated for prostitution and prostitution-related crimes while being sex trafficked. Despite laws and policies meant to discourage criminalization, Black women and girls are profiled and subjected to both interpersonal and state violence due to their victimization. This paper uses one-on-one interviews with thirteen survivors of sex trafficking and exploitation across the United States and their encounters with the criminal legal system and incarceration. Grounded in Black feminist criminology, this research analyzes the experiences of survivors as victims and as criminals. Narratives demonstrate that courts and social services were unprepared, and often unwilling, …

"Trying To Get Free": A Theoretical Centering Of Black Women's Post-Carceral Narratives Of Systemic Unfreedom, Geniece Crawford Mondé

Qualitative Criminology (QC)

"This article examines how Black justice involved mothers navigate the enduring unfreedom of post-imprisonment life. Drawing upon the analytical framework of Black Feminist Criminology (BFC), this paper argues that centering women’s narratives of unfreedom provides a context for understanding and critiquing systemic and structural oppression. Interviews with thirty-three Black formerly incarcerated mothers from two transitional organizations in New York and Massachusetts reveals how women a) Identify instances of structural oppression at the hands of the legal system and the labor market and b) Deploy individual responses that reframe their marginal status by subverting expectations of their roles as mothers and …

"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green

Qualitative Criminology (QC)

Racial and ethnic disparities within the criminal legal system have been shown to disproportionately impact Black and Latinx children. Parental incarceration is associated with emotional and psychological stresses for children, but these effects can extend beyond incarceration. Research suggests that parental incarceration is not a discrete event and problems during childhood can exacerbate throughout the life course. Yet, little is known on how challenges faced by parental incarceration transcend to adulthood. Further, an examination on the long-term effects of parental incarceration through the lens of race, ethnicity, and gender remains understudied. In order to address this gap, this study focused …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

New Approaches To Disarming Domestic Abusers, Natalie Nanasi

Villanova Law Review (1956 - )

No abstract provided.

Death By Dehumanization: Prosecutorial Narratives Of Death-Sentenced Women And Lgbtq Prisoners, Jessica Sutton, John Mills, Jennifer Merrigan, Kristin Swain

St. John's Law Review

(Excerpt)

At the core of every capital sentencing proceeding is a guarantee that before condemning a person to die, the sentencer must consider the humanity and dignity of the individual facing the ultimate sanction. This principle—that “death is . . . different” and, therefore, requires consideration of the “diverse frailties of humankind”—echoes throughout the United States Supreme Court’s Eighth Amendment jurisprudence. And yet courts are reluctant to remedy the devastating impact of prosecutorial arguments that dehumanize marginalized persons facing the death penalty, condemning these arguments while nevertheless “affirm[ing] resulting convictions based on procedural doctrines such as harmless error.”

These dehumanizing …

A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia González

St. John's Law Review

(Excerpt)

The persistent criminalization and pathologizing of Black youth in the U.S. educational system is a fundamental driver for their entry into the criminal legal system. Despite decades of evidence of the far-reaching harms of the “school-to-prison pipeline” and, more recently, demands from Black Lives Matter activists to defund school police, the role of schools in criminalizing Black girls has been left out of mainstream academic discourse. This occurs even though Black girls experience some of the most subjective and discriminatory practices in schools and evidence of an upward trend in discipline disparities since the mid-2000s. For Black girls with …

Expanded Criminal Defense Lawyering, Jenny Roberts, Ronald Wright

Scholarly Articles in Law Reviews & Journals

This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney’s work have expanded to …

My Three Criminal Justice Careers, Brisa Sanchez

Undergraduate Scholarly Works

This undergrad research paper is about the basics of the three components of criminal justice careers and the careers and salaries they do for a living.

Artificial Justice: The Quandary Of Ai In The Courtroom, Paul W. Grimm, Maura R. Grossman, Sabine Gless, Mireille Hildebrandt

Judicature International

No abstract provided.

The Impossible Delivery: Codifying The Joint-Acquisition Defense, Taylor Glass, Christopher Maidona

West Virginia Law Review Online

No abstract provided.

Grading Injustice: Initial Appearance Report Cards, Malia N. Brink, Jiacheng Yu, Pamela R. Metzger

Deason Center Reports

Arrested people across the United States often wait in jail for days, weeks, or even months before seeing a judge or meeting an attorney. In November 2021, the Deason Criminal Justice Reform Center published Ending Injustice: Solving the Initial Appearance Crisis, a comprehensive report about this ongoing crisis in pre-trial due process. That report described the devastating consequences of delayed and uncounseled initial appearances.

Now, these Initial Appearance Report Cards offer a closer look at the laws governing post-arrest procedures in each U.S. state, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. While the Deason …

The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin

Popular Media

No abstract provided.

In The Name Of “Justice”: Shiffra-Green Motions And Their Unintended Harms, Katharine A. Adler

Marquette Law Review

Sexual assault victims face many barriers to reporting the violence they have experienced. As few as one-third of sexual assaults are reported to the police and even fewer result in criminal charges. The criminal justice system can be grueling for sexual assault victims and carries with it the possibility of testifying at trial in front of their perpetrators, an experience that is daunting at best and terrifying at worst. Because of how few cases make it into the court system, along with how difficult the process can be for victims, any legal mechanisms that would create an unnecessary barrier to …

Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray

Articles & Chapters

In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …

An Investigation Of The Unintended Consequences Of Florida’S Stand Your Ground Law And Leadership’S Role In Both Implementing The Law And Revising It, Anthony Keel

Dissertations

The State of Florida has become a negative representation of the Stand Your Ground Law due to the three unintended consequences which developed since that law was passed in 2005. They are the disparity of African American incarceration rates when the law is applied, the increase in justifiable homicides, and the exponential increase in concealed carry permits. The intent of this qualitative research study was to inspire the leadership of the state of Florida to actively support and participate in reexamining, reassessing, and revising the Stand Your Ground Law. The literature review suggested that the law is ambiguous because it …

Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina

Indonesia Law Review

Abstract

A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …

Flint's Fight For Environmental Rights, Noah D. Hall

Northwestern University Law Review

This Essay reviews the recent development of environmental rights within U.S. constitutional law, advanced through a series of federal court decisions in the wake of the Flint water crisis. The residents of Flint were poisoned and lied to by their government for nearly two years. They experienced how American environmental governance has failed at the state and federal levels and how our environmental laws leave individuals and communities unprotected. And then Flint fought back, in the courts, for five years. Flint residents have been overwhelmingly successful, achieving some justice for themselves and advancing substantive rights and remedies within our constitutional …