Criminal Law Commons^™

When Prenatal Care Becomes A Crime, Casey Hunter

Fordham Law Review

For decades, pregnant women have increasingly faced criminalization for their actions and conduct during pregnancy, with Alabama emerging as a focal point due to its aggressive use of section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed. Originally intended to protect children from the dangers of methamphetamine labs, this law has been reinterpreted to prosecute pregnant women who test positive for controlled substances. Central to these prosecutions are positive drug tests obtained from prenatal health records, causing many women to avoid prenatal care for fear of legal consequences.

This Note …

An International Prosecutor As U.S. Special Counsel, Cody Corliss

Utah Law Review

The appointment of Jack Smith to investigate then-former President Donald Trump brought to the fore the essential qualities for special counsels who act when a conflict of interest precludes investigation by the Department of Justice. Most attention on Smith centered on his domestic work and its correlation with a special counsel’s responsibilities. That emphasis, however, obscured the most salient line on his resume: international investigator and prosecutor. The conclusion of Smith’s tenure as special counsel following the election of Donald Trump to a second term as president provides an opportunity to consider the skills and qualifications that matter most in …

The Sheriff's Constitution, Farhang Heydari

Vanderbilt Law School Faculty Publications

The county sheriff is unique among our nation's law enforcers, with an ancient pedigree, elected status, and special protections as a state constitu- tional officer. But these factors combine to cause a recurrent problem elected sheriffs often assert for themselves the power to refuse to enforce criminal laws of their choosing. Today's constitutional sheriffs-a group of sheriffs who view themselves as the highest authority in their county, answerable only to their electorate-are the latest manifestation of this ethos, declaring opposition to gun control measures, pandemic restric- tions, environmental protections, and more. Lest one think these nonen- forcement decisions are entirely …

Case Law On American Indians: September 2023 - August 2024, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Reframing Genocide, Anjali Mohan

Utah Law Review

Genocide has recently taken center stage in international affairs. Both Israel and Hamas and Russia and Ukraine have accused one another of committing genocide or having genocidal aims, and each side has denounced allegations against themselves. The legal accuracy of these accusations depends, inter alia, upon whether the allegedly genocidal acts were committed with “intent to destroy,” as required by the Genocide Convention. Courts and commentators nearly all assume that the “intent to destroy” describes an individual’s internal mental state and the mens rea of the crime of genocide.

In this Article, I argue that this individualistic interpretation of genocide …

“The Gun’S Not Mine!”: The Admissibility Of Defendants’ Exculpatory Hearsay Statements Under Federal Rules Of Evidence 803(2) & (3), Faustino S. Galante

Fordham Law Review Online

Exculpatory hearsay statements made by criminal defendants often warrant admission under the Federal Rules of Evidence (FRE) as excited utterances, under Rule 803(2), or as statements reflecting a then-existing state of mind, under Rule 803(3). Nevertheless, defendants often struggle to have their exculpatory statements admitted pursuant to these rules—even when those statements fulfill their categorical requirements.

This Comment surveys the different approaches courts take to determine whether exculpatory hearsay statements made by criminal defendants are admissible under Rules 803(2) and (3). It argues that courts too often misapply these rules to exclude defendants’ exculpatory statements. In particular, courts counteract the …

Dynamics Of The Penitentiary System, Transparent And Accountable Handling Of Criminal Cases In Criminal Execution Law In Southeast Asia: Convergence And Divergence Of International Perspectives, Anis Widyawati, Ade Adhari, Ali Masyhar, Bearlly Deo Syahputra, Didik Purnomo

Indonesia Law Review

This research examines the dynamics of the penitentiary system transparent, and accountable criminal case handling in criminal execution law in Southeast Asia, focusing on the convergence and divergence of international perspectives. These countries have diverse approaches to the penitentiary system and criminal law enforcement, including in terms of the implementation of the death penalty and the treatment of prisoners. Some countries, such as Singapore and Malaysia, maintain strict death penalty practices, which often contradict international human rights standards, while others such as the Philippines show inconsistencies in implementing criminal execution laws. This research also examines the three main stages in …

Papering Justices, Michael L. Smith

BYU Law Review

Supreme Court reform is a lively topic of discussion and debate, with scholars, commentators, and politicians debating a variety of proposed Court reforms, such as term limits, additional Justices, and jurisdiction stripping. This Article adds a new idea to the mix: papering Justices. Several states permit each side to a dispute to file one motion to automatically disqualify the judge overseeing their case. These requests are to be granted automatically without any showing of facts, hearings, or further briefing. This is known as “papering” the judge. Drawing from these practices, I propose that each side to a dispute before the …

Innocence And Habeas Corpus: A Call For Equitable Reforms, Paige Skousen Nelson

BYU Law Review

Congress intended the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) to codify the Burger and Rehnquist Courts’ habeas corpus jurisprudence, which aimed to establish finality and innocence as gatekeepers to the “Great Writ.” But in practice, AEDPA hinders innocence claims, particularly claims of legal innocence.

This Note agrees that innocence should be one of the most important considerations in granting writs but argues that it is not as valued as Congress intended. This Note proposes two congressional reforms to reinstate innocence to its paramount role without compromising finality: first, amending the federal habeas petition rule to allow petitioners …

Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada

Indonesian Journal of International Law

After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the …

In-Depth Analysis On Strengthening Sanctions For Fisheries Violations In Indonesia: Challenges, Obstacles, And Reform, Maya Shafira, Muhammad Akib, Fx Sumarja, Ahmad Irzal Fardiansyah

Indonesian Journal of International Law

Illegal, Unreported, and Unregulated (IUU) Fishing remains a significant challenge for Indonesia, posing threats to its marine resources, economic stability, and national sovereignty. This study examines the enforcement of sanctions against fisheries violations in Indonesia from an international legal perspective. It explores how Indonesia aligns its regulatory framework with global legal instruments, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Port State Measures Agreement (PSMA), and regional agreements within ASEAN. The research identifies key challenges, including legal inconsistencies, enforcement limitations, and jurisdictional complexities, which hinder the effective prosecution of fisheries crimes. It also analyzes …

The Impact Of Erlinger V. United States On State Recidivist Sentencing Laws, Chad Flanders

Washington and Lee Law Review Online

In Erlinger v. United States, the United States Supreme Court ruled that finding that an offender had committed two felonies “on separate occasions” under the Armed Career Criminal Act had to be done by a jury, not a judge. In one respect, the decision is narrow: it is an extension of the Court’s Apprendi jurisprudence. But in another respect, the decision is far-reaching. As some state appeals courts have already realized, the decision makes unconstitutional state laws that give the judge—rather than the jury—the power to decide whether someone is a “persistent” or “habitual” offender based on whether a …

Sentencing Roulette: The Absurdity And Unconstitutionality Of The Crime Of Violence Enhancements, Noam Kozlov

University of Miami Race & Social Justice Law Review

The law needs to be clear. This dictum is true especially with respect to criminal law. Defendants need to be made aware of the statutory and judicial rules surrounding their trial, and sentencing outcome should be foreseeable, even if not predictable. But we have failed. We have failed in granting defendants this sought-after clarity, exposing them to grossly disproportional and disparate sentences. One such failure is found in the Crime of Violence enhancement rules. COV enhancements add years or even decades to sentences of defendants whose previous convictions are classified as 'violent'. Despite this detrimental impact of the COV rules, …

A Legal Analysis On The Link Between Pornography Consumption And The Perpetuation Of Abuse, Madelyn Garrett

Advanced Issues in Criminal Law: Sex Offenses

This essay examines the connection between the overconsumption of pornography and the growing demand for violent and extreme types of pornography. This essay also looks at the abuse this demand perpetrates.

I Have Some Reservations: Examining Whether Federal Rules Of Evidence 413 And 414 Serve Legitimate Purposes Of Punishment For Native American Defendants, Cameryn Gonnella

Advanced Issues in Criminal Law: Sex Offenses

This essay will analyze the legitimacy of Federal Rules 413 and 414 as applied to Native American defendants through the lens of the purposes of punishment: rehabilitation, deterrence, retribution, incapacitation, and restitution.

A New Look At Sex Offender Rehabilitation: Embracing Elective Chemical Castration, Alli Florence

Advanced Issues in Criminal Law: Sex Offenses

This essay analyzes the historical and modern use of castration efforts on sex offenders and advocates for federally supported, elective chemical castration as an effective means of rehabilitative treatment and relapse prevention post-incarceration.

Dykebreaking: The Homophobic Rape Of Lesbian Woman And The Next Frontier Of Hate Crime Laws, Mallory L. Harrington

Advanced Issues in Criminal Law: Sex Offenses

This article will explain the motivations behind homophobic rape by examining it as both a sex offense and a hate crime, before arguing that its unique status at the intersection of both categories of offenses places its victims in a particularly vulnerable position and situates those who offend in this way in a more serious category of offender than other sex offenders.

Canadian Security Intelligence Service (Csis), Bert Chapman

Libraries Faculty and Staff Presentations

April 24, 2025 presentation for Canada's GovInfo Day Spring 2025 hosted by Simon Fraser University in British Columbia and Internet Archive Canada. Provides information about the publicly available information resources produced by the Canadian Security Intelligence Service (CSIS) which is the Canadian Government's foremost national intelligence agency. Provides information about this agency's statutory organization, types of publicly available reports they produce, information about other Canadian government intelligence agencies, and parliamentary oversight of Canadian government intelligence operations. Lists additional resources for finding information about CSIS and explains the benefits of having access to these resources for users.

The Jerome Project: Titus Kaphar’S Deconstruction Of Incarceration Aesthetics, Anna Edwards

Montserrat Student Scholarship

Titus Kaphar is a multi-media artist from Kalamazoo, MI whose major works include The Jerome Project, From a Tropical Space and Exhibiting Forgiveness. He is also the founder of NXTHVN art center. When searching for his father in prison databases in 2011, Kaphar found 97 other men with the same first and last name sparking this personal and activist multi-media project.

If You Cannot Afford An Attorney, None Will Be Appointed For You: Exploring Rates Of Representation By Counsel In Texas Misdemeanor Courts, Andrew Davis, Shelby Sirivore, Victoria Smiegocki

Journal of Criminal Justice and Law

All misdemeanor defendants in the United States have the right to be represented by a lawyer if they are facing the possibility of incarceration. Yet implementation of that right is often left to local policymakers, and rates of non-representation (defendants proceeding without lawyers) vary enormously. Through an examination of data from Texas counties in 2019, we find non-representation rates were highest in the state’s poorest and most rural counties. But we also find signs that local policy choices matter. Counties with public defender offices, and those with less restrictive policies on financial eligibility for indigent defense services, appointed lawyers to …

Cultivating A Will To Serve: Applying Cultivation Theory To Understand The Effect Of Legal Dramas On Attitudes Toward Jury Service, Matthew J. Dolliver, Josie Leonhardt, Emily Pedigo

Journal of Criminal Justice and Law

Despite being a pillar of the American legal framework, response rates to jury summons remain low, particularly among minorities. Prior research has focused on structural factors contributing to these low rates. Yet, little research has examined citizens’ willingness to engage in the process. At the same time, research on Cultivation Theory suggests some types of consumption are associated with an increased desire to work in the Criminal Justice System. This study explores the impact of media, including news, social media, and legal dramas, on citizens’ disposition toward juries, including beliefs about the importance of juries and willingness to serve on …

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Elder Fraud Metrics And Preventative Measures Of Chesapeake, Virginia, Joey J. Whitmore Jr.

Cybersecurity Undergraduate Research Showcase

Geriatric crime continues to escalate in the digital era, where older individuals are disproportionately being targeted because of their low digital literacy and high susceptibility to online frauds. In this paper, we examine the breadth of elder fraud in Chesapeake, Virginia using FBI Internet Crime Complaint Center (IC3) data and state-level cybersecurity initiatives and survey responses. Older adults aged 60 and up have reported losses of over $3.4 billion in 2023 alone, underscoring the importance of proactive measures. It assesses the public awareness from traditional and AI-based perspectives revealing significant gaps in digital safety literacy and fraud reporting mechanism among …

Bowe V. United States: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner, Leah Litman, Eve Brensike Primus

Appellate Briefs

Amici curiae are law professors who research, study, teach, and write about the writ of habeas corpus and federal postconviction relief. They share an interest in seeing habeas law applied in a way that ensures the just adjudication of claims.

Changemakers: Curtis R. Pouliot-Alvarez : Juris Doctorate : Zealous Advocacy = Justice For All 4-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Michigan V. Tucker: A Reevaluation Of Miranda, Maine Law Review

Maine Law Review

In Michigan v. Tucker the Supreme Court considered whether to exclude the fruits of an interrogation that did not meet the precautionary standards of Miranda v. Arizona. The defendant contended that use of the evidence at his trial violated his fifth amendment privilege against self-incrimination. In deciding that the evidence had been properly admitted, the Tucker Court interpreted Miranda v. Arizona as outlining recommended procedural safeguards for the protection of fifth amendment rights and reasoned that omission of procedural safeguards does not necessarily constitute a violation of the underlying rights. Specifically, the Court concluded that a suspect who did not …

Appointment Of Counsel In Misdemeanor Prosecutions In Maine, Maine Law Review

Maine Law Review

When a criminal defendant appears without a lawyer before a trial court, the trial judge must decide whether to appoint counsel to represent him. The trial judge's decision is one of constitutional magnitude under both the United States and Maine Constitutions, and the decision made in any particular instance affects the integrity of the trial process and the validity of any conviction. The scope of the constitutional right to appointed counsel has lately been the subject of major decisions of the United States Supreme Court and of the Maine Supreme Judicial Court. The United States Supreme Court in Argersinger v. …

Attorneys And Subornation Of Perjury, Maine Law Review

Maine Law Review

Federal law has made the crime of subornation of perjury depend on a showing that the suborned witness has made an intentional false statement under oath. For a prosecution to be successful, it must be shown first, that the witness gave false testimony under oath; second, that the witness knew the testimony to be false; third, that the defendant induced the false testimony; and fourth, that the defendant knew the induced testimony to be false. Thus, if the criminal intent of the witness cannot be proven, the defendant must be acquitted. The curious result is that the prosecution fails not …

Cruising Over Controversy: Addressing Discrimination Gaps In The Montreal Convention's Framework, Catherine Mitri

Seattle Journal for Social Justice

No abstract provided.

Prenatal Personhood, State Duties, And Congress’S Abortion Power Under The Fourteenth Amendment, David R. Upham

Catholic University Law Review

Many antiabortion jurists have contended that by its original meaning, the Fourteenth Amendment not only (1) recognizes the personhood of prenatal human beings, but also (2) requires states to have and enforce the antiabortion laws necessary to the equal protection of these prenatal persons, and even (3) empowers Congress to pass remedial antiabortion laws where the state fail to protect such persons.

In this essay, I will contend that the Amendment does indeed recognize the personhood of prenatal human beings, but largely leaves with the states the authority to determine the scope of the protection to be afforded such persons. …