Criminal Law Commons^™

The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.

However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly alone …

Substantive Criminal Protection Of Scientific Journals From Phishing: A Comparative Study, Omar Abdul Majid Mosbih Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Academic sector faces many threats relating to ensuring its quality including the spread out of phishing for scientific journals done by cyber criminals with the aim of collecting money through the activities of researchers.

Academic phishing is considered one of the most noticed activities in the field of electronic publishing, especially in the use of knowledge at the electronic environment and the use of information circulation via the internet technology.

However, there are negative effects resulting from electronic phishing of scientific journals. Such effects represented in the loss of the academic work done by the researchers or that of …

The Impact Of Community On The Offender's Reentry Process Using Data From The Serious And Violent Offender Reentry Initiative (Svori) On Adult Males And Females, Meta Jean Schlimpert

Student Theses and Dissertations

The objective of this study is to examine how offenders are impacted by their social environment upon being released from prison. Using data from the Serious and Violent Offender Reentry Initiative (SVORI), the current study aims to examine the potential role of community support along with factors including employment, housing, peer relationships, and family support. By doing so, this study aims to identify difficulties in the reentry process and offer suggestions for improvements in this process. The results of the study are discussed, along with recommendations for future studies and policy implications.

Yemen's Youngest Victims: The Yemen Civil War's Toll On Children, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

Inventing Deportation Arrests, Lindsay Nash

Articles

At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …

Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc

Singapore Law Journal (Lexicon)

It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?

Marital Disharmony: Examining The Adverse Spousal Testimonial Privilege And Its Impact In Washington State, Sabrina Suen

Washington Law Review

In Washington State, RCW 5.60.060(1) provides that “[a] spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner.” This evidence rule, known as the adverse spousal testimonial privilege, allows a defendant to exclude witness testimony by their spouse under most circumstances. A product of common law tradition, this privilege stems from a time when the law treated women as chattel with no independent legal rights. Since Washington State codified the adverse spousal privilege, the United States Supreme Court amended the federal spousal testimonial …

Criminal Law, Thomas D. Church, Whitney Baker

Mercer Law Review

This Article provides a brief examination of the United States Court of Appeals for the Eleventh Circuit’s most important opinions in 2022 in the area of federal criminal law. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from only the most noteworthy, published decisions. Section II of this Article addresses substantive criminal offenses, such as economic crimes, drug offenses, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the Federal Sentencing Guidelines …

Racializing Algorithms, Jessica M. Eaglin

Articles by Maurer Faculty

There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.

Defamation With Bayesian Audiences, Yonathan Arbel, Murat C. Mungan

Articles

How strictly should the law regulate false defamatory statements? We first show that the presence of judicial errors often puts defamation law on a Laffer curve: regulation that is too lax or too strict is inferior to moderate regulation. While moderate regulation is ideal, it is not always attainable because of practical and legal constraints. With these constraints, we consider a Bayesian audience that takes the strictness of defamation law into account when evaluating statements. The optimal standard is then taxer than is prescribed by standard models with naive audiences. These findings underscore the importance of accounting for audience effects …

The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen

Tribal Law Journal

Understanding jurisdiction is paramount to deciding whether federal, state, or tribal courts can exercise jurisdiction for crimes committed in Indian country. The evolution of federal Indian law has created a legal landscape that is far from consistent. For the Indian law practitioner, it is important to stay abreast of the latest case law available to understand where proper jurisdiction lies. The latest cases of McGirt v. Oklahoma and United States v. Cooley are the newest case law available that demonstrate the Supreme Court’s reasoning and analysis in determining proper jurisdiction.

Black And Blue Police Arbitration Reforms, Michael Z. Green

Faculty Scholarship

The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power to respond to the civil rights protests occurring during those times by establishing strong protections for their officers in light of brutality claims. This rhythmic progression of protests and union responses is destined to continue without any lasting reforms focused on …

How To Alleviate The Repercussions Of Wrongful Convictions: Holistically Righting The Wrongs Of Inadequate Compensation Statutes, Marissa Cohen

Cardozo Law Review

No abstract provided.

Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Nearly a year to the day since it was published, a book from incoming Indiana University Maurer School of Law faculty member has earned an Independent Publisher Book Award (“IPPY.”)

Professor Valena Beety’s Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights won the Gold Medal in Women’s Issues. Since 1997, the Independent Publisher Book Awards have been recognizing the best independently published books each year.

Released on May 30, 2022, Beety’s book has already won two other prestigious awards—the Montaigne Medal and the Sarton Nonfiction Award—this spring.

“Professor Beety is a tremendous teacher and scholar, and we’re proud to see …

Phr & Clihhr Submission To Icc Otp (May 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in May 2023 to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). It provides legal and strategic recommendations on investigating and prosecuting crimes of sexual and gender-based violence, with an emphasis on survivor-centered approaches and international legal standards. The submission highlights the importance of addressing such crimes within the framework of international justice.

Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward

Villanova Law Review (1956 - )

No abstract provided.

Democratizing Tthe Eighth Amendment, Erin E. Braatz

Villanova Law Review (1956 - )

No abstract provided.

Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela

Villanova Law Review (1956 - )

No abstract provided.

There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong

Villanova Law Review (1956 - )

No abstract provided.

Fake “Universities” The Concept And Coping Strategies, Prof. Safaa Otani Prof., Hassan Al-Abdallat Dr

UAEU Law Journal

The increase in societal demand for higher education has resulted in a wide spread of global activities of universities and academic institutions. Moreover, the rise of e-learning patterns, distance education, and the increase of non-traditional types of education have prompted the development of quality assurance mechanisms as essential elements to the recognition and accreditation of academic institutions.

The problem that aroused, however, was in the exploitation of these models by certain entities claiming to be universities, idiomatically called the “degree mills”, and taking advantage of the educational environment to gain illegal profits, by selling “fake” degrees to individuals who pay …

Criminological Evaluation Of The Impact Of Pathological Ludomania To Gambling Among Nigerian Youths, George Nzeadi Duru Mr., Larry Okechukwu Awo Mr.

International Conference on Gambling & Risk Taking

ABSTRACT

The study was designed to evaluate the effects of pathological ludomania to gambling on Nigerian youth. The study looked at how get-rich-quick mentality, access to gaming, and poverty can lead to gambling ludomania in young people. The Social Learning and Differential Association Theories were debated and chosen as the theoretical framework for the study. A questionnaire created to represent the study's research topics was utilized to collect the study's data. A structured questionnaire was sent to two hundred (200) respondents, who were chosen using a multi-stage sampling procedure. The data were analyzed using simple percentage, descriptive, and chi-square statistical …

Kritik Terhadap Struktur Ilmu Hukum Menurut Paul Scholten, E. Fernando M. Manullang

Jurnal Hukum & Pembangunan

Paul Scholten, a prominent Dutch legal scholar, explains some thoughts in one of his chief article: De Structuur der recthwetenshcap. Essentially it describes some accounts on how legal relations may exist, which he thinks such relations can be both logic and illogical. Scholten even furthermore reiterates such paradigm, the dualism of logic and illogical, also underlies the scientific nature of legal science (jurisprudence). Finally, he also explores on the relations between language and jurisprudence. His all accounts leave some critical notes, as it has some internal contradictions in connection of, as what critical legal theory says, the presence of reifications …

Kekosongan Hukum Acara Dan Krisis Access To Justice Dalam Kasus-Kasus Pemberhentian Kepala Daerah/Wakil Kepala Daerah Di Indonesia, Arasy Pradana Azis

Jurnal Hukum & Pembangunan

Law Number 23 Year 2014 on Regional Government (Law No. 23/2014) provides that the Regional Head or Deputy Regional Head may be dismissed in the middle of his term by certain reasons. The law also regulates a strict process, including the involment of the Supreme Court (MA) in it. MA provides a judicial test of the opinion of the Regional House of Representatives (DPRD) as the initiator of the dismissal processl. The involvement of the Supreme Court is a consequence of the strengthening of the legitimacy of the Head of Region/Deputy Head of Region, which is now elected directly by …

“Sports Gambling In America 2023: A Final Piece To The Puzzle?”, John Dombrink

International Conference on Gambling & Risk Taking

No abstract provided.

Making Bad Decisions With Toxic Emissions: Exploring The Prosecution Of Companies For Superfund Crimes, Dr. Melissa Jarrell Ozymy, Dr. Joshua Ozymy

Washington Journal of Social & Environmental Justice

Marginalized communities in the United States bear the brunt of toxic pollution from Superfund sites. Criminal provisions in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as Superfund, allow prosecutors to seek penalties for environmental crimes involving significant harm and/or culpable conduct, but we know little about how companies have been prosecuted for Superfund crimes. We utilize content analysis of 2,728 environmental crime prosecutions stemming from U.S. EPA criminal investigations from 1983-2021, and select cases of companies prosecuted for Superfund crimes. We found that across 41 prosecutions, 126 defendants were prosecuted, resulting in 68 years of probation …

The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux

Senior Honors Papers / Undergraduate Theses

The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6^th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …

Mental Distress Among Adults With Serious Mental Illness In A Criminal Legal Setting: A Secondary Data Analysis Of The Mcarthur Mental Health Court Study Data, Violette Cloud

Psychology ETDs

Chronic criminal legal system (CLS) involvement among individuals with serious mental illness (SMI) is of growing concern. Mental health courts (MHCs) are a known diversion strategy currently used by the CLS to address this problem. MHCs are seen as an effective method for linking individuals with SMI to needed treatment, removing them from a detention setting, and subsequently reducing recidivism. However, less is known about the impact of MHC enrollment on mental health related outcomes (mental distress). Using the McArthur Mental Health Court Study data, this study aimed to inspect the impact of MHC participation, legal coercion, and treatment motivation …

Should Have Known Better? The Standard Of Knowledge For Command Responsibility In International Criminal Law, Roee Bloch

International Law Studies

The criminal doctrine of command responsibility has a rich legal history, which makes it a widely recognized, if unsettled, concept of international criminal law. This article focuses on a key element of command responsibility: the commander’s knowledge of a subordinate's crimes. This article argues that current customary law instructs to apply a standard of actual knowledge of the commander, rather than the lower standard of constructive knowledge. The article reaches this conclusion by observing the primary shaping factor of international law—State behavior. Through the example of six diverse legal systems, the article demonstrates how the approach of legislative, executive, and …