Criminal Law Commons^™

Incorporating Restorative Justice Into Black-Letter Criminal Law, Shirin Bakhshay

Journal of Legal Education

No abstract provided.

Like Holding Up A Mirror: How I Learned To Teach Restorative Justice, Susan Abraham

Journal of Legal Education

No abstract provided.

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel

Villanova Law Review (1956 - )

No abstract provided.

Lost Without A Cause: The Sixth Circuit’S But-For Standard For False Claims Act Violations Harms Healthcare Fraud Enforcement, Margo Chapin

Villanova Law Review (1956 - )

No abstract provided.

Prosecutorial Perceptions Of Discovery Reform On A Local Level, Gabrielle A. Roubanian, Janne E. Gaub, Marthinus C. Koen, James J. Willis

Qualitative Criminology (QC)

"In recent years, several states in the United States have considered and implemented discovery reforms to regulate how evidence is included and shared as criminal cases play out in the court system. Currently, little research explores how prosecutors have made sense of these reforms and how discovery changes have impacted their day-to-day routines. Consequently, this case study considers how prosecutors at a large prosecutorial agency in the United States made sense of discovery reforms implemented in its state two years before data collection. Findings are based on 35 semi-structured qualitative interviews and highlight how prosecutors experienced the implementation of the …

“They Don’T Want Us Anywhere”: The Impact Of Anti-Homelessness Laws On Unsheltered Residents Of Fort Worth, Texas, Brie Diamond

Qualitative Criminology (QC)

"Access to public space is not afforded equally amongst the population. Often, the people who must spend most of their time in these spaces, people experiencing homelessness, are barred by local or state law from being there. Fort Worth, Texas, implemented a camping ban in 2019 that prohibits camping on public or private property. This article explores the impact of this ban on unsheltered people experiencing homelessness using semi-structured interviews with 18 people residing in encampments across the city. The findings document the tangible and existential losses endured by this group and the impact on the perception of their place …

Campaigning For Change: How State-Level Groups Advocate For Legislative Sexual Offense Reform, Jennifer L. Wooldridge, Danielle J. S. Bailey, Stephanie Taulli

Qualitative Criminology (QC)

"In the criminal justice field, advocacy groups work to better the circumstances for specific groups of people facing perceived injustice. While some advocacy groups have been studied extensively, one type of group – sexual offense reform advocates – has been understudied. This is particularly problematic due to stigmatization and legislative differences in how individuals convicted of sex crimes are supervised compared those convicted of non-sexual offenses. These post-conviction differences make it necessary to better understand these advocacy groups and their processes when fighting for public policy change. The current study examines qualitative interviews conducted with affiliates of a national organization …

Complexities Of Appellate Law: Experiences And Perspectives Of Utah Indigent Appellate Attorneys, Whitney Howey, Stephanie Kathan, Jeremiah W. Jaggers, Chris Cambron

Qualitative Criminology (QC)

"Indigent appellate attorneys experience high stress due to their unique roles and responsibilities. Very little scientific research examines the lives and experiences of attorneys in the workplace. Characterizing and describing the variety of complexities and challenges Utah appellate attorneys face within their work provides information towards filling the profession’s gaps, stressors, and occupational needs. A sample of five Utah appellate attorneys were interviewed to better understand their perspectives and experiences in the workplace. We used thematic analysis to identify themes related to Utah appellate attorney experiences and perspectives. We identified four major themes from the data, including Personal approach, Working …

Puppycide By Gavel: How The Judiciary Uses The Police Killing Of Dogs To Reinforce Justifications For Police Violence, Jeremy J. Smith

Qualitative Criminology (QC)

"Police discharge their firearms more often at dogs than humans, and as a profession, kill thousands of dogs every year. The number of dogs killed by police during these encounters has government officials declaring that an “epidemic” is occurring within policing itself, with some commentators referring to this trend as “puppycide” or “canicide.” The purpose of this article is to examine how the judiciary rationalizes canicide, or the police killing of dogs, and the role canicide plays in the justification of police violence. To do this, the article provides a sociolegal and ethnographic content analysis of federal court cases and …

Brief Of Legal Ethics Scholars As Amici Curiae In Support Of Petitioner, Susan D. Carle

Amicus Briefs & Court Filings

Amici curiae are leading legal ethics scholars with expertise regarding the rules, precedents, and other authorities regarding the professional responsibility and legal ethics obligations of lawyers. While this case involves protection of crucial Sixth Amendment rights of criminal defendants, it also implicates the professional responsibility and legal ethics obligations of attorneys representing clients at trial. Amici have a professional interest in ensuring that the Court is fully informed of the important professional responsibility and legal ethics issues in this case. Specifically, amici submit this brief to explain that the trial court's order in this case creates significant and serious problems …

Regulating Misdemeanors In China, Enshen Li

Brooklyn Journal of International Law

China has arguably entered an era of misdemeanors. Perceived as offenses punishable by a sentence of three years’ imprisonment or less, misdemeanors have reportedly taken up the majority of criminality in China over the past two decades. This shift in criminal dynamics has precipitated a pressing need for structural changes in the state’s criminal legal system, with calls for reform oriented toward decriminalization as a tailored dispositional channel for petty offenders showing a lower level of criminal culpability. This Article offers a critical scrutiny of China’s prevailing decriminalization initiatives for reducing the penalties and collateral consequences of misdemeanors. Situating these …

Beyond Statutory Loopholes, Qualified Immunity, And Internal Investigations: A Comparative Analysis Of Police Accountability In The United States And The United Kingdom, Kevyn Mcconlogue

Brooklyn Journal of International Law

While the landscape of policing in the United States and United Kingdom appear different today, their shared roots of enslavement and racism fostered a culture of impunity for police officers in both countries. With community skepticism and public discontent with law enforcement continuing to rise in the United States, the investigative and procedural roadblocks in the way of holding police officers accountable for misconduct must come to an end. In an effort to facilitate conversations about progressive police reform and eventual abolition, this Note compares the modern American and British police accountability systems and the avenues through which victims of …

“Any Black Man Will Do”: A Transparency Framework For Eyewitness Identification In The Facial Recognition Technology Era, Ariam O. Kiflemariam

Washington Journal of Social & Environmental Justice

No abstract provided.

Research Misconduct Sebagai Suatu Tindak Pidana Penyebaran Berita Bohong: Sebuah Tinjauan Hukum Pidana, Kemal Fikri Royadi, Monte Carlo Faza Harissa

Jurnal Hukum & Pembangunan

Research is one of the gates to uncover wisdom in scientific disciplines. In its implementation, it is often found that there are various interests underlying the research. These various interests also have their own purpose to the extent that it can influence the results of the research which can have implications to form a research misconduct. This research aims to review the national criminal law regarding this behavior by examining the relevant act’s articles as well as scholarly dogmatics due to the absence of laws regulating this matter. The method used in this research is juridical-normative using conceptual approach and …

The Objective Observer: The Washington State Supreme Court's Remedial Aspirations And Experience On The Ground, David B. Owens

Washington Law Review

The Washington State Supreme Court has adopted an “objective observer rule” for addressing whether race impacted jury selection and extended this rule to evaluating all aspects of Washington courts, including jury trials. The objective observer rule allows courts to evaluate whether decisions in those courtrooms could be viewed as the result of racial bias, even where there is no evidence of specific racial animus and in the absence of racial slurs. The rule, which covers a form of disparate impact, has now existed for over half a decade. This Article outlines the Washington State Supreme Court’s development of the objective …

Letter From The Editor, Davis Hayman

Criminal Law Practitioner

Dear Readers,

Thank you for your interest in The Criminal Law Practitioner. This marks my first publication as the Editor-in-Chief for the 2025-2026 academic year. I am thrilled to leave this remarkable team as we continue to solicit, write, and publish issues in criminal law.

 This issue continues this trend by highlighting topics including evolving interpretation of the 8th Amendment and a discussion on Constitutional venue issues related to internet crimes. Our authors provide some intriguing, unique insights that I invite you to dig into. In “The Continuing Unevolving Model of Decency, Kennedy v. Louisiana in Peril”, Professor Patrick S. …

Where Does A Hack Happen? Computer Intrusion Crimes And Constitutional Venue, Harrison Parker Blanchard Grant

Criminal Law Practitioner

The United States Constitution guarantees the right to a criminal trial where the criminal offense was committed. This guarantee—the venue requirement—forces courts to analyze where criminal conduct occurred. Technology makes that locational analysis more complicated. For one computer hacker, that same analysis led to his trial and conviction in Massachusetts, despite the fact that he did not hack into anything in Massachusetts. This Article examines the hacker’s case, exploring the technologies used to execute the hack and linking those technologies to the hacker’s trial in Massachusetts.

Whose Truth Commission, Lehlohonolo January

Notre Dame Journal of International & Comparative Law

It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that …

"A Man’S Home Is His Castle"? Intimate Partner Violence, Firearm Surrender, And Home Searches Under Article I, Section 7 Of The Washington Constitution, Dana Raigrodski

Washington Law Review

Intimate partner violence (IPV) remains a vexing problem in Washington. Firearms make intimate partner violence much more dangerous and, frequently, deadly. To protect victims of IPV and to reduce its severity when guns are present, the State of Washington put in place a comprehensive statutory scheme to disarm perpetrators of IPV. In 2022, however, the Washington Court of Appeals for Division II held, in State v. Flannery, that the statutory firearm surrender scheme violates article I, section 7 of the Washington Constitution, which prohibits disturbing a person’s private affairs or invading their home without authority of law. This Article …

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

The Continuing Unevolving Model Of Decency, Kennedy V. Louisiana In Peril, Patrick S. Metze

Criminal Law Practitioner

Professor Metze reflects on Kennedy v. Louisiana in its part in the development of Eighth Amendment jurisprudence and how the Supreme Court initially used Kennedy to further our understanding of the limits of the Eighth Amendment. The Court recently avoided a meaningful discussion of how our society is maturing and evolving by acknowledging a purposeful effort of some to reflect modern beliefs in opposition to those who would interpret everything through an 18th-century prism. After a case-by-case analysis of how the Court has used Kennedy, it is apparent the conservative majority now on the Court has decided there is no …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Beautiful Means For Nefarious Ends, Eric Wahoff

Notre Dame Journal of International & Comparative Law

This note will attempt to address the laws of art dealers and banks in a way that draws parallels with the past struggles of banks and today’s struggle in the art world to keep bad actors out. It will begin with surveying how art is currently used as a tool of criminals and the current regulatory regimes in the EU, New York, and California – the states with the most art brokers.Then the note will analyze relevant laws from the US banking industry. Finally, the note will discuss ways that banking laws that have been used to address money -laundering …

Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15

Notre Dame Journal of International & Comparative Law

No abstract provided.

“17 Going On 23”: Sentencing Young People To Life In Canada, Debra Parkes

Dalhousie Law Journal

Canada is one of 67 countries worldwide that allows young people—those under the age of 18—to be sentenced to life imprisonment. In 2008, the Supreme Court of Canada recognized the presumption of diminished moral blameworthiness of young people as a constitutional principle of fundamental justice and invalidated a law that presumed youth should be sentenced as adults for some serious crimes, including murder. The burden is, therefore, always on the Crown to rebut the presumption and prove that a youth sentence would not be long enough to hold the young person accountable for their behaviour. Where the presumption can be …

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 criminal law opinions in 2024. 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 and other sentencing issues, and …

The Emerging Danger Of Ai-Generated Child Sexual Abuse Material And An Unprepared Criminal Code, Jessica L. Terkovich

Northern Illinois University Law Review

The development and dissemination of child sexual abuse material (“CSAM”) using artificial intelligence (“AI”) is becoming easier and easier with technological advancements. This Article argues that traditional child pornography statutes should be extended to encompass fully AI-generated images. The Article outlines the history of the nation’s current federal CSAM laws and details the results of a nationwide survey of statutes which determined that few states have effective laws on the books regarding AI-generated CSAM. This Article also offers recommendations for constructing effective laws against AI-generated CSAM and concludes that harm comes from the very existence of CSAM, no matter how …

All-American Crime: Reflections On Welcome The Wretched By César Cuauhtémoc García Hernández, Kit Johnson

University of Arkansas at Little Rock Law Review

In his 2024 book, Welcome the Wretched, Professor César Cuauhtémoc García Hernández questions why it is that non-citizens who have committed crimes are slated for removal from this country. After all, he notes, “Migrants don’t bring crime here. It’s already here. It always has been and always will be.”

We may not readily admit it, but crime in the United States is truly All-American. Section I of this Essay tries to shed light on the widespread nature of criminality in the United States by recounting my own crimes and those of family and friends, with the goal of pushing the …

Criminalization Of Immigration Through State Enforcement: Lessons From Texas’S Latest Efforts To Criminalize Immigration Through Senate Bill 4, A. Regenold Bright

University of Arkansas at Little Rock Law Review

No abstract provided.