Criminal Law Commons^™

In Defense Of Felon-In-Possession Laws, Dru Stevenson

Cardozo Law Review

No abstract provided.

Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin

Cardozo Law Review

No abstract provided.

Bargaining For Abolition, Zohra Ahmed

Faculty Scholarship

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.¹ Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.² The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …

Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors.

This Article disaggregates slavery from the slave trade and slavery …

The Progressive Love Affair With The Carceral State, Kate Levine

Articles

A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.

Against Criminal Law Localism, Brenner M. Fissell

Faculty Publications

Scholars have long called for greater localism in criminal justice as a response to the crises of racialized mass incarceration and over-policing. A downward shift of power to smaller local governments is thought to maximize an array of values, including liberty, equality, and efficient experimentation, and also to allow for criminal justice to better reflect societal viewpoints. In making these claims, localists have at times either explicitly included control over substantive criminal law in their devolutionary project, or have overlooked that more general calls for localism would presumably include this power.

This Article critiques substantive criminal law localism, arguing that …

Jurisdictional Elements And The Jury, G. Alexander Nunn

Faculty Scholarship

Do jurisdictional elements in criminal statutes actually matter? Of course, formally, the answer is obvious; jurisdictional elements are of paramount importance. In fact, they often serve as the entire justifying basis for a federal (rather than state) criminal prosecution. But beyond mere technicalities, do jurisdictional elements actually make a difference in a jury deliberation room?

In pursuit of an answer, this Article undertakes a novel empirical study designed to assess the antecedent issue of how laypeople weigh jurisdictional elements when determining guilt. The project’s experiment ultimately finds that when one increases the amount of evidence demonstrating a defendant’s substantive guilt, …

Location, Location, Location: The Federal Sentencing Guidelines' Abduction Enhancement And The Meaning Of "Different Location", Sabrina Jemail

University of Cincinnati Law Review

No abstract provided.

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson

University of Cincinnati Law Review

No abstract provided.

The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman

Brigham Young University Journal of Public Law

No abstract provided.

Kebijakan Countercyclical Sebagai Upaya Kesejahteraan Masyarakat, Made Cinthya Puspita Shara

Jurnal Hukum & Pembangunan

The high level of economic growth in Indonesia is in line with the development of businesses that increase capital by making credit agreements with financial institutions. The state of the spread of the co-19 pandemic case has been declared a national disaster, impacting on the implementation of credit agreements between the debtor and financial institutions. Economic problems make it difficult for people to carry out their obligations. Countercyclical buffer policy is a buffer that is carried out by providing additional capital to replace losses if excessive credit growth occurs which has the potential to disrupt financial stability. Bank Indonesia Policy …

Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell

Richmond Public Interest Law Review

In a series of decisions concerning child defendants, the United States Supreme

Court has embraced the understanding, based on adolescent brain

development, that the legal system must recognize children are different than

adults concerning criminal culpability and sentencing. That recognition, culminating

in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity

for thousands of individuals across the country, initially sentenced

to death-in-prison sentences when they were minors, to gain a meaningful

opportunity for release. These cases permanently banned mandatory life sentences

for children. In Virginia, the legislature now allows reconsideration

of these cases through hearings before the parole …

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Analisis Yuridis Sanksi Pidana Pelanggaran Pasal 281 Jo 77 Ayat (1) Undang Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Di Wilayah Hukum Polres Serang Kota, Januar Alihamzah, Benny Irawan, Dadang Herli

Jurnal Hukum & Pembangunan

Law Number 22 Year 2009 concerning Road Traffic and Transportation (LLAJ Law) explains that traffic order and road transportation is a traffic condition that takes place regularly with the rights and obligations of every road user. Every motorized vehicle driver is required to have a driving license (SIM) in accordance with the provisions of Article 77 paragraph (1) of the LLAJ Law. The fact that happened in the jurisdiction of the Serang Kota Police, there were 156 cases of violations of Article 77 paragraph (1) of the LLAJ Law which were decided by the Serang District Court with fines whose …

Penyelesaian Sengketa Bedrog (Penipuan) Dalam Perjanjian Jual Beli Kayu: Onrechtmatige Daad Atau Wederrechtelijk? (Studi Kasus: Putusan Mahkamah Agung Nomor: 449k/Pid/2001), Sri Laksmi Anindita, Eriska Fajrinita Sitanggang

Jurnal Hukum & Pembangunan

Criminalization Of Civil Disputes Is A Common Case In Indonesia. This Case Can Occur Because An Act Or Action May Violate Two Laws At The Same Time, Those Are Civil Law And Criminal Law. The Intersection Between A Civil Dispute And A Criminal Act Does Not Only Make The Borderline Between Civil And Criminal Cases Thin. Settlement Of Disputes Over Acts That Contain Elements Of Fraud Arising From A Contractual Relationship Through Civil Law Mechanisms By Filing A Lawsuit (Onrechtmatige Daad Or Default) Or Criminal Law Mechanisms (Wederrechtelijk), Is Often Confusing. How To Determine An Act With An Element Of …

Buka Siape Sambehin Injin: Komentar Atas Putusan Tentang Izin Lingkungan Pltu Celukan Bawang, Andri Gunawan Wibisana, Fajri Fadhillah

Jurnal Hukum & Pembangunan

This paper examines administrative court’s view in the Izin Lingkungan PLTU Celukan Bawang case. The paper puts emphasis on the use of actual losses to assess the plaintiffs’ legal standing and the deadline for filing a lawsuit. This paper considers that the court was incorrect in interpreting the legal standing by focusing on the absence of plaintiffs’ actual losses. The court also took a conservative position in determining the deadline for filing the lawsuit. This paper criticizes the court’s failure to take into account the issue of climate change addressed by the plaintiffs, so that the court missed a golden …

Hambatan Dan Prospek Hukum Penyelenggaraan Jasa Notaris Secara Elektronik Di Indonesia Memasuki Era Society 5.0, Muhammad Ricky Ilham Chalid

Jurnal Hukum & Pembangunan

The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal …

Telemedicine (Online Medical Services) Dalam Era New Normal Ditinjau Berdasarkan Hukum Kesehatan (Studi: Program Telemedicine Indonesia/Temenin Di Rumah Sakit Dr. Cipto Mangunkusumo), Wahyu Andrianto, Amira Budi Athira

Jurnal Hukum & Pembangunan

Health is an important basis for the continuity of human life. Every human being has the right to have access to safe, quality, and affordable health services. However, in reality health services in Indonesia still have several obstacles, for examples the lack of health care for remote areas which is hindered by distance and time. Especially during the Corona Virus Disease 2019 (COVID-19) pandemic, a solution is needed to serve public health without violating the regulations that enforce Large-Scale Social Restrictions (PSBB) to prevent the spread of the virus. For this reason, one of the efforts that can be carried …

Dilema Praktik Dumping Dan Hukum Antidumping : Antara Kepentingan Pengusaha (Produsen) Dan Masyarakat (Konsumen), Yulianto Syahyu

Jurnal Hukum & Pembangunan

Antidumping provisions have been listed since the agreement of GATT in 1947, and provisions regarding anti-dumping agencies are regulated in Article VI GATT. The provision also recommends that each member state implements the provisions of GATT in their respective national legal systems. As a form of implementation of these provisions in the national legal system, Indonesia has issued regulations governing Antidumping. However, there is a dilemma in terms of dumping practices and the implementation of anti-dumping laws in Indonesia, because in this case it must be seen from two sides of interest, not only in terms of the interests of …

Pembaruan Hukum Perlindungan Hak Atas Kesehatan Reproduksi Perempuan Di Indonesia, Aulia Nabila, Yunita Desmawati

Jurnal Hukum & Pembangunan

The right to reproductive health is a part of the human rights regime that must be guaranteed by states. Provisions of women’s right to reproductive health in Indonesia are found separately in various legal instruments. However, the regulations are not comprehensive, vague, and gender-biased. Using human rights and feminist perspective, this article analyses the issues relating to women’s right to reproductive health in statutes and other legal instruments, as well as formulates a concept of revision of the law of women’s right to reproductive health. This article concludes that regulations regarding women’s right to reproductive health contain provisions that are …

Konsep Pelaksanaan Keputusan Tata Usaha Negara: Menguji Asas Presumtio Iustae Causa Dalam Sengketa Tata Usaha Negara, Indah Fitriani Sukri, Anna Erliyana

Jurnal Hukum & Pembangunan

In the implementation of the State Administration Decree (KTUN), the principle of presumtiousta causa is known as part of the implementation of the KTUN in order to resolve state administrative disputes. This principle means a state administration decision which is always considered valid. This decision will be invalid if there are new decisions that cancel or revoke the previous decisions. In its formation, the administrative court or state administration court has the objective to provide protection for the rights of the people derived from individual rights as well as to protect the rights of the community based on the common …

Kedudukan Putusan Mahkamah Konstitusi Dalam Hukum Ketenagakerjaan (Kajian Terhadap Putusan Mahkamah Konstitusi No. 37/Puu-Ix/2011), Suparto Suparto, Zulkifli Zulkifli

Jurnal Hukum & Pembangunan

Law Number 13 of 2003 concerning Manpower is one of the laws that is subjected to a judicial review to the Constitutional Court (MK). One of the reasons for filing a judicial review is that the application of Article 155 paragraph (2) has the potential to create legal uncertainty, given the absence of a clear interpretation of the clause " not yet defined ”. The Constitutional Court Decision No. 37 / PUU-IX / 2011 granted the petitioners' petition, and stated that the phrase "not yet established" was interpreted as "not yet legally binding". As a result, the process fee during …

Moralitas Publik Sebagai Dasar Pembenar Terhadap Kewajiban Sertifikasi Halal Produk Makanan Di Indonesia Berdasarkan Gatt-Wto 1994, Neni Ruhaeni, Eka An Aqimuddin, Hadian Afriyadi

Jurnal Hukum & Pembangunan

In principle, World Trade Organization (WTO) prohibit each member states to make policy, both tarrif and non tarrif, which potentially disturb international trade. Nevertheless, there are exceptions that can be used by the state as a basis for justification to hold trade policy which consider contratry to WTO law. One of them is to protect public morality. The Halal Product Assurance Act (UUJPH) stipulate obligation of halal certification for food products that enter, circulate and trade in Indonesia. This act is considered as a protective and discriminatory policy. This research founds that although some provisions in UUJPH are discriminatory and …

Peranan Hukum Rahasia Dagang Dalam Pembangunan Ekonomi: Undang-Undang Dan Putusan, Tantowi Akbar

Jurnal Hukum & Pembangunan

There are five qualities required for a law to be said to have a role in the economic development of a country: stability, certainty, justice, education, and the special abilities of lawyers. One of the laws in Indonesia which closely related to the national economy is Trade Secret Law Number 30 Year 2000. This trade secret law should be able to comply these qualities. Therefore, this trade secret law has a role in national economic development in Indonesia. On the other hand, the Verdic of the Supreme Court of the Republic of Indonesia Number 332K/Pid.Sus/2013 concerning trade secret matter could …

Nilai-Nilai Pancasila Di Tengah Perubahan Peta Geopolitik Global: Analisis Kepentingan Nasional Dalam Pembentukan Kebijakan Hukum, Kris Wijoyo Soepandji, M. Sofyan Pulungan

Jurnal Hukum & Pembangunan

Pancasila as the basis of the state is the main guideline for Indonesian political and social life. In the field of law, Pancasila has been determined as the main source national legislation process. However, the competing interests in formulation of legal policies sometimes put Pancasila values at difficult position to be implemented. Indonesian lawmakers should end the unfavorable situation by utilizing geopolitical knowledge. Moreover, currently there is important change in the global geopolitical map which provides opportunity for Indonesia to make legal policies which are in accordance with its national interests. This research was conducted based on the inter-disciplinary legal …

Kajian Hukum Terhadap Pengembangan Fintech Syariah Di Indonesia, Irham Virdi

Jurnal Hukum & Pembangunan

In meeting the needs of today's financial services that are entering the era of digitalization, a service is needed following the developing financial technology. The existence of Islamic financial technology (fintech) is an alternative to fulfill the needs of financial services at this time. As one of the countries with the largest Muslim population in the world, Islamic fintech can be an option and has great potential because it follows current technological developments and sharia. However, the implementation of Islamic fintech faces various obstacles, including its regulation, the obligation of DPS, technical implementation, and human resources. For this reason, a …

Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt

Minnesota Journal of Law, Science & Technology

No abstract provided.

First In The South: Cannabis Legalization In Virginia, Jm Pedini, Cassidy Crockett-Verba

Richmond Public Interest Law Review

In 2021, Virginia made history when it became the first state in the

South to legalize cannabis for responsible use by adults. Though legalization

is now the law of the land, which today includes personal possession

and cultivation, there remains much work to be done before Virginians are

able to legally purchase cannabis outside of the medical program. Concerns

over social equity provisions, retail sales dates, and the reenactment

clauses added during the 2021 legislative session have drastically slowed

the process of expanding the regulated marketplace to adult-use consumers.

With many key components requiring reenactment by the 2022 General Assembly …

Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform, Bryan Kennedy, Catherine F. Zagurskie

Richmond Public Interest Law Review

During the 2021 Session and 2021 Special Session, Virginia took steps to

restore the balance between individuals ensnared in the criminal legal system

and the government. These new laws allow people who are involved in

the criminal legal system to emphasize their humanity and to hold the government

to its various burdens at all stages of the case, including pre-trial,

trials, sentencing, and appeal. This article discusses four of the most important

changes to Virginia law that ensure a more level playing field between

the government and the accused.

First, eliminating the presumption against bail challenges the government’s

power of …

Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough

Qualitative Criminology (QC)

While some have argued that absent low socioeconomic status black fathers are to blame for urban crime and poverty, others have highlighted how mass incarceration disproportionately separates low socioeconomic status black fathers from their children. Less frequently heard and acknowledged in the public conversations about low socioeconomic status black fatherhood and mass incarceration are the voices of those same fathers who have been impacted by the system. How do formerly incarcerated black fathers view their role as fathers? Based on 30 interviews of formerly incarcerated black men recruited from a prisoner reentry organization in a large northeastern city in the …