Criminal Law Commons^™

Drugs, Crime, And The Epigenetics Of Hedonic Allostasis, Anthony Walsh, Hailey Johnson, Jonathan D. Bolen

Criminal Justice Faculty Publications and Presentations

Researchers have found staggering numbers of drug addicts among incarcerated populations and have conceded that drug abuse is an important correlate of deviant behavior, but few included an understanding of the biological process leading to drug addiction. Chronic drug abuse and criminality are housed within a much broader propensity of some individuals to engage in a variety of antisocial behaviors, and this article clarifies the link and proposed shared mechanisms between criminal behavior and drug abuse through a molecular-genetic and neurobiological lens. Multiple genes, enzymes, and transcription factors are involved in drug addition, with over 100 genes known to be …

Law And Justice On The Small Screen, Jessica Silbey

Books

'Law and Justice on the Small Screen' is a wide-ranging collection of essays about law in and on television. In light of the book's innovative taxonomy of the field and its international reach, it will make a novel contribution to the scholarly literature about law and popular culture. Television shows from France, Canada, the United Kingdom, Germany, Spain and the United States are discussed. The essays are organised into three sections: (1) methodological questions regarding the analysis of law and popular culture on television; (2) a focus on genre studies within television programming (including a subsection on reality television), and …

Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr

Law & Economics Working Papers

This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by …

Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso

Pell Scholars and Senior Theses

This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.

Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister

Pepperdine Law Review

No abstract provided.

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.

Guns And Ammo: For Convicted Americans Viewing Pictures Of Others Enjoying Their Constitutional Right To Bear Arms In A Magazine Is The Closest They Will Ever Get To Seeing The Second Amendment At Work - People V. Hughes, Ronald P. Perry

Touro Law Review

No abstract provided.

The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen

Touro Law Review

No abstract provided.

New York’S Law Allowing Trafficked Persons To Bring Motions To Vacate Prostitution Convictions: Bridging The Gap Or Just Covering It Up?, Whitney J. Drasin

Touro Law Review

No abstract provided.

Child Abuse Reporting: Rethinking Child Protection, Susan C. Kim, Lawrence O. Gostin, Thomas B. Cole

Georgetown Law Faculty Publications and Other Works

The general public has been bewildered by the magnitude of sex abuse cases and the widespread failure by pillars of the community to notify appropriate authorities. The crime of sexually abusing children is punishable in all jurisdictions and this article examines the duty to report suspected cases by individuals in positions of trust over young people, such as in the church or university sports. The Federal Child Abuse Prevention and Treatment Act (CAPTA) defines child maltreatment as an act or failure to act on the part of a parent or caregiver that results in death, serious physical or emotional harm, …

Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal from a district court’s order transferring a juvenile case to justice court for adult criminal proceedings pursuant to NRS 62B.335.

Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court order granting writ of mandamus directing the justice court to dismiss a criminal complaint for lack of jurisdiction.

Mahagében Kft & Péter Dávid: Re-Directing The Eu Vat's Perfect Storm, Richard Thompson Ainsworth

Faculty Scholarship

On June 21, 2012 the Court of Justice of the European Union (CJEU) rendered judgment on two Hungarian references, Mahagében kft v. Nemzeti Adó-és Vámhivatal Dél-dunántúli Regionális Adó Fölgazgatósága and Péter Dávid v. Nemzeti Adó-és Vámhivatal Dél-dunántúli Regionális Adó Fölgazgatósága (Mahagében/Dávid). The Mahagében/Dávid decisions clarify the CJEU’s earlier holdings in the joined cases of Alex Kittel v. Belgium and Belgium v. Recolta Recycling SPRL (Kittel/Recolta).

Kittel/Recolta is a critically important decision. It is central to the EU’s anti-fraud effort. It is one of three legal imperatives that earlier this year appeared to be coalescing into a Perfect (enforcement) Storm.

After …

Prosecutorial Decriminalization, Erik Luna

Scholarly Articles

The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.

The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito

Brigham Young University Journal of Public Law

No abstract provided.

Batson's Grand Jury Dna, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …

The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal battles of the families of U.S. sailors killed in the 2000 U.S.S. Cole bombing, focusing on their efforts to hold Sudan liable under the Foreign Sovereign Immunity Act (FSIA) and the state sponsor of terrorism exception. It explores the procedural history of the Rux and Kumar cases, highlighting the complexities of applying the FSIA and the impact of legislative changes, such as the National Defense Authorization Act (NDAA) 2008, on terrorism-related litigation. The analysis underscores the challenges in balancing judicial authority with legislative intent, particularly in cases involving retroactivity and res judicata.

Guilty Until Proven Innocent: Providing Effective Relief To The Actually Innocent In New York, Steven M. Cytryn

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Criminal Law—No Stitches For Snitches: The Need For A Duty-To-Report Law In Arkansas, Breanna Trombley

University of Arkansas at Little Rock Law Review

It is difficult to get witnesses of brutal crimes to step up and act. This article argues that every state, including Arkansas, would be well served by implementing laws that would require individuals to notify law enforcement officials when they witness certain offenses.

First, the note discusses the common law history of the no-duty-to-aid principle, as well as duty-to-assist laws in other jurisdictions and current Arkansas reporting statutes. Next, the note examines the need for a specific duty-to-report in Arkansas. Then, a duty-to-report statute is proposed for consideration by the Arkansas Legislature. Thereafter, the note addresses imposition of both civil …

Pardon Me - The Need For A Fair And Impartial Judiciary, Jim Rosenblatt

Journal Articles

The pardons issued by former Mississippi Governor Haley Barbour shortly before he left office created a swirl of controversy in Mississippi that played out in the national media. The Governor's Mansion, the Hinds County Courthouse, the State Capitol, and the Gartin Justice Building were frequent backdrops for media stories that took place over a two-month period reporting on "Pardongate." Several elements combined to make these pardons controversial and to make the issue such good fodder for the media.

Punishment Without Culpability, John F. Stinneford

UF Law Faculty Publications

For more than half a century, academic commentators have criticized the Supreme Court for failing to articulate a substantive constitutional conception of criminal law. Although the Court enforces various procedural protections that the Constitution provides for criminal defendants, it has left the question of what a crime is purely to the discretion of the legislature. This failure has permitted legislatures to evade the Constitution’s procedural protections by reclassifying crimes as civil causes of action, eliminating key elements (such as mens rea) or reclassifying them as defenses or sentencing factors, and authorizing severe punishments for crimes traditionally considered relatively minor.

The …

Toward A Situational Model For Regulating International Crimes, Andrew K. Woods

Law Faculty Scholarly Articles

The international criminal regime, as currently conceived, relies almost exclusively on the power of backward-looking criminal sanctions to deter future international crimes. This model reflects the dominant mid-century approach to crime control, which was essentially reactive. Since then, domestic criminal scholars and practitioners have developed and implemented new theories of crime control—theories notable for their promise of crime prevention through ex ante attention to community and environmental factors. Community policing crime prevention through environmental design, and related "situational" approaches to crime control have had a significant impact on the administration of domestic criminal law.

This Article evaluates the implications of …

Same Violence, Same Sex, Different Standard: An Examination Of Same-Sex Domestic Violence And The Use Of Expert Testimony On Battered Woman's Syndrome In Same-Sex Domestic Violence Cases, Leonard Pertnoy

Faculty Articles

1971 marked the genesis of the Battered Women's Movement and, since then, remarkable strides have been made to address and combat domestic violence. Today, for example, a myriad of domestic abuse agencies offer an array of services, including: 24-hour hotlines; counseling; safe houses; transitional living; children's services; life skills education; professional training; batterers' intervention; and legal assistance. These strides, however, cannot extirpate two ugly truths: domestic violence still pervades our society, and it afflicts more than those in heterosexual relationships. Anecdotal evidence and a growing body of literature indicate that domestic abuse is not unique to heterosexuals, but occurs in …

The Public Defender As Anti-Trafficking Advocate, An Unlikely Role: How Current New York City Arrest And Prosecution Policies Systematically Criminalize Victims Of Sex Trafficking, Kate Mogulescu

Faculty Scholarship

No abstract provided.

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …

Prea 101 For Juvenile Justice Agencies, Brenda V. Smith

Presentations

No abstract provided.