Criminal Law Commons^™

Reproductive Wrongful Convictions: The Making Of "Unfit" Mothers, Valena Beety

Articles by Maurer Faculty

This Article draws a straight line from wrongful convictions of women in the past to criminal charges based on pregnancy and parenting behaviors today. Faulty forensic evidence and biased evidence based on sex-stereotypes have, in combination, been used to convict innocent women, particularly in situations where an accident or health event was misconstrued to be a criminal act. Seventy-four percent of known exonerated women were wrongly convicted where no crime occurred. Similarly, in criminalizing pregnancy behaviors, police, medical personnel, or prosecutors erroneously label a non-criminal event, such as a miscarriage or stillbirth, as criminal. Criminal charges are being brought against …

Neurobiological Determinants Of Psychopathy And Their Ethical Implications In Capital Punishment Cases, Brooklyn Lewis

Williams Honors College, Honors Research Projects

This literature review examines the relationship between the neurobiological determinants of psychopathy and the ethical implications of applying capital punishment to violent offenders. Drawing on research from neuroscience, psychology, and criminal justice, the paper explores how structural and functional differences in brain regions associated with emotional processing, impulse control, and moral reasoning are linked to psychopathic traits. The review synthesizes findings on how these neurobiological factors may contribute to an increased risk of violent behavior while emphasizing that such influences are not deterministic. The paper further analyzes how neuroscientific evidence is interpreted within legal contexts, particularly in relation to assessments …

Postpartum Psychosis On Trial: A Preview Of Commonwealth V. Clancy, Jolie Zangari

Scholarly Works

In the case of Commonwealth v. Clancy, the deaths of three young children are the focus of the upcoming criminal trial.  However, the identity of their killer will not be at issue.  The children, Cora, Dawson, and Callan Clancy, were killed by their mother, Lindsay Clancy, who then attempted suicide, but survived with severe permanent injuries. The critical issue to be litigated is—why?  Why did she kill them?  Most fundamentally at issue is whether Lindsay Clancy was suffering from symptoms of a mental disease so severe that she should be found not guilty by reason of insanity.

The Commonwealth of …

High Stakes And Random Rewards: A Critical Look At Loot Boxes And Illegal Gambling, Brian T. Wersan

Touro Law Review

Since their inception in the mid-2000s, loot boxes have been legal and virtually unregulated in the United States. Ever-growing mountains of evidence demonstrate the harms of loot boxes, but their structure has not yet been found to be in violation of any current U.S. gambling law, leading to a complete lack of recovery for victims. Certainly, if people experience harm, a legal avenue providing justice must exist. While other avenues are referenced, this Note ultimately argues that loot boxes can be interpreted by courts to satisfy the elements of, and thus, violate multiple state gambling laws, revealing a path to …

Screaming Into The System: The Symbiotic Relationship Between Flannery O'Connor, Violence, And The Criminal Law, Mary Graw

Scholarly Articles

This article argues that criminal violence and the criminal law not only influenced O’Connor’s writing in very specific ways, but that O’Connor’s focus on the marginalized can influence today’s attorneys. The piece explores this symbiotic relationship. Part One discusses O’Connor’s general understanding of her mission as a writer and the utility of violence as a device to advance that vocational mission. Part Two explores the sources of violence generally in O’Connor’s world. Part Three more specifically analyzes how O’Connor utilized actual crimes, and crime in general, to develop her stories. Part Four builds upon that observation to examine how the …

Gratuitous Federalism In Gratuities Enforcement: Section 666 And Plugging The Snyder Gap, Justin New

Oklahoma Law Review

No abstract provided.

Marijuana, Marinol, And Chapter 11: The Federal Roadblock To Bankruptcy Protection, Grace Griggs

Oklahoma Law Review

No abstract provided.

Excavating Miranda, Samuel J. Levine

Scholarly Works

Sixty years after it was decided, Miranda v. Arizona remains one of the most significant and renowned cases—as well as, arguably, one of the most controversial cases—in the history of the United States. Chief Justice Earl Warren’s majority opinion, establishing the eponymous Miranda warnings for custodial interrogation of criminal suspects, has prompted voluminous and continuing commentary, among both critics and supporters. This Article is part of an ongoing project exploring a particular aspect of Chief Justice Warren’s majority opinion: a footnote referencing Jewish legal sources, documenting an important passage at the start of a pivotal section of the opinion.

Building …

The Eighth Amendment And Prison Staff-To-Sentenced Prisoner Sexual Violence, Matthew Lyskawa

Faculty Scholarship

In this Article, I provide the first comprehensive account of lower federal courts’ Eighth Amendment prison conditions jurisprudence regarding prison staff-to-sentenced prisoner sexual violence. I show that lower federal courts are systematically misunderstanding and misapplying Supreme Court case law in this context. The result is that sexually victimized prisoners must meet extremely burdensome doctrinal standards unique to sexual violence claims. Lower federal courts would faithfully follow Supreme Court precedent if they applied the excessive force standard to sexual assault claims and the conditions of confinement standard to sexual harassment claims. However, a faithful application of Supreme Court case law does …

Confession Contamination And Dna Exonerations, 1989-2025, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Plutocratic Public Safety, Erin R. Collins

Law Faculty Publications

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Informed Applicants: Anti-Discrimination Enforcement Based On The Use Of Criminal Records, Benjamin David Pyle

Faculty Scholarship

Navigating the labor market with a criminal record is treacherous. Countless job applicants will be turned down immediately after a potential employer learns they have had contact with the criminal legal system. Criminal records reflect and exacerbate long-standing racial and economic inequalities in the United States. Thus, the use of records in employment decisions will often implicate anti-discrimination laws. However, successfully enforcing these protections requires job applicants to, at minimum, understand why they were not hired. Many applicants never learn why they were not hired and thus will never be able to protect their rights. This Article argues that understanding …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin David Pyle

Faculty Scholarship

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

The Influence Of Adverse Childhood Experiences On Female Violent Offending: A Scoping Systematic Review, Alexis M. Wolgemuth

Theses, Dissertations and Capstones

Female-perpetrated violence has exhibited concerning data trends in recent years. Prior scholarship indicates that past victimization and trauma in childhood, known as adverse childhood experiences (ACEs), are highly prevalent among women offenders. However, the research concerning ACEs and violent females is scattered. This thesis provides a scoping literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) updated 2020 guidelines. A systematic database search was conducted using Academic Search Complete, SAGE Journals, Springer Nature Link, and HeinOnline to identify relevant peer-reviewed journal articles. Inclusion and exclusion criteria are established, focusing on studies published after January 2015. These …

A Gap In The Cybertipline: Electronic Service Provider Liability And Child Safety, Brianna Evans-Sheehan

NYLS Law Review

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The online exploitation of children is a widespread problem that requires immediate action. This Note proposes that Congress …

People V. Riche, Timothy Mccormick

NYLS Law Review

No abstract provided.

False Confessions And Post-Conviction Relief: Integrating Social Science Into C.P.L. Section 440.10(1)(G) Proceedings, Emma K. Brammer

NYLS Law Review

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Abstract: False confessions are a primary cause of wrongful convictions, contributing to almost one-third of all known convictions …

Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon

Faculty Scholarship

The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …

Application Paths Of Semantic Modeling In Financial Fraud Detection And Risk Identification, Victor P. Gauthier, Daniel S. Wu

Computer Science Faculty Publications

Financial fraud and risk pose significant threats to economic stability and individual well-being. Traditional detection methods often struggle to keep pace with increasingly sophisticated fraudulent schemes. Semantic modeling, which focuses on understanding the meaning and relationships within data, offers a promising avenue for enhancing fraud detection and risk identification. This review paper explores the application paths of semantic modeling in this domain. We begin with a historical overview of fraud detection techniques, highlighting the limitations of traditional approaches. Subsequently, we delve into core themes, including knowledge graph-based fraud detection and semantic rule-based inference for risk assessment. We then compare and …

Kedudukan Hukum Eks-Kreditor Pasca Debt To Equity Swap Yang Dihomologasi Dalam Pkpu Kedua Dan Kepailitan Debitor Akibat Pembatalan Perdamaian, Reza Rahmawati

Jurnal Hukum & Pembangunan

Debt to Equity Swap (DES) under a composition plan in Suspension of Debt Payment Obligations (PKPU) proceedings constitutes a restructuring mechanism that transforms the legal status of a Creditor into that of a shareholder upon homologation. Legal issues arise when The Debtor subsequently enters a Second PKPU due to newly incurred debts or is declared bankrupt following the annulment of the composition, while Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment does not expressly regulate the legal consequences of a DES under such circumstances. This normative legal research aims to analyze the legal standing and legal …

Statistical Analysis Of Evidence In Criminal Cases, Giuliana Leon Carrillo

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ideally, the evaluation of relevant forensic evidence must corroborate the hypotheses that the prosecution and/or the defense holds regarding the commitment of a crime. Therefore, optimal forensic evidence would be the one that can be found all the time under the same circumstances, and cannot be found otherwise, making the forensic scientist able to evaluate this evidence given the hypotheses provided. Nevertheless, this is hard to find, as ideal evidence being only a concept.

In this project, the probabilistic interpretation of relevant forensic evidence investigated in criminal cases with the aid of Wigmore charts and Bayesian networks was proposed. Using …

From Victim To Defendant: Battered Woman Syndrome In Support Of Duress, Samantha Casimiro

Journal of Race, Gender, and Equality

Section I of this article will discuss the origin and phases of BWS as well as its designation as a subcategory of Post-Traumatic Stress Disorder (hereinafter PTSD) and discuss the prevalence of domestic violence in our society. Section II will layout the elements of a duress defense and analyze the objective reasonableness standard as compared to the subjective reasonableness standard used in other defenses, such as self-defense, explaining that there is a level of subjectiveness that must be considered regardless of the applicable approach. Section III will analyze cases and opinions of the federal circuit courts that support the admission …

Get Out Of Jail Free: The Monopoly Of Big Pharma & Drug Addiction, Melissa E. Morello

Journal of Race, Gender, and Equality

This article analyzes the legal and social parameters of drug addiction and the opioid epidemic, arguing that pharmaceutical companies, lawmakers, and systemic institutions have effectively “gamified” public health, addiction, and their own accountability. It traces the historical trajectory of drug regulation, from early opioid use and racially motivated enforcement policies to the War on Drugs and the emergence of the prescription opioid epidemic fueled by aggressive pharmaceutical marketing. The analysis explores pivotal case law and legislation addressing addiction, highlighting the legal system’s struggle to reconcile criminal accountability with the recognition of addiction as a disease. Throughout this article, there will …

The Impact Anti-Abortion Laws Will Have On Domestic Violence Victims Post-Dobbs Decision, Elissa Schlissel Goldberg

Journal of Race, Gender, and Equality

This paper will focus on the impact a total or near-total abortion law may have on domestic abuse and how male abusers may attempt to seek control by taking advantage of the law. This paper will first address domestic violence, specifically focusing on the different ways domestic violence can manifest and their definitions. Next, the paper will shift focus to abortion and how states have tried to limit a woman’s ability to access abortion. The paper will then move to focus on the connection between domestic violence and abortion, looking into the data from past researchers and the trends that …

Governing Cyberterrorism In Indonesia: Resilience And Gaps In The Draft Cybersecurity Law (Ruu Kks 2025), Eko Setyo Utomo

Indonesia Law Review

Indonesia’s accelerating digital transformation and persistent terrorist threats expose both resilience gains and governance gaps in its cybersecurity framework. This article examines the Draft Law on Cybersecurity and Resilience (RUU KKS 2025), which consolidates the authority of the National Cyber and Encryption Agency (BSSN) and strengthens protections for critical information infrastructure. While the bill enhances technical resilience and institutional coordination, it remains silent on cyberterrorism, leaving statutory, institutional, and international gaps. Drawing on cybersecurity theory, securitization theory, and hybrid warfare theory, the study argues that resilience without terrorism-specific provisions is strategically insufficient. Comparative analysis with the United Kingdom’s Terrorism Act, …

Reassessing Indonesia's In-Kind Benefit Tax Regulation: Insights From Australia, Florencia Irena Gunawan, Maria Na Uli Salsabilah Sabililah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research critically assesses Indonesia's in-kind benefit tax regulatory framework based on the principles of equity, certainty, and neutrality, drawing comparative insights from Australia's fringe benefits tax system. Utilizing a normative juridical method, this study finds that integrating in-kind benefits into Indonesia's income tax framework poses several challenges. First, under the equity principle, current valuation methods do not accurately reflect employees' ability to pay, potentially resulting in inequitable tax burdens. Second, under the certainty principle, ambiguities in the exemption rules may create risks of differing interpretations between taxpayers and tax authorities. Third, under the neutrality principle, differential treatment across industries …

Achieving Judicial Consistency Through The Establishment Of Civil And Criminal Chambers In Indonesia's District And High Courts, Dwi Bintang Satrio, Efa Laela Fakhriah, Artaji Artaji

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The Supreme Court of the Republic of Indonesia has implemented the chamber system to achieve judicial consistency and fulfil the fundamental objectives of law, namely legal certainty, justice, and expediency. However, despite this effort, inconsistencies in judicial decisions remain prevalent, particularly in civil and criminal cases at the district and high court levels. This study employed a normative juridical approach supported by case analysis to examine the effectiveness of the current chamber system in achieving judicial consistency and to identify structural weaknesses that hinder its optimal implementation. The results reveal that judicial inconsistencies are found in several court decisions, such …

The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article analyzes the judge's verdict regarding the bribery corruption of social assistance during a non-natural disaster committed by Juliari Batubara. It questions whether such bribery corruption can be punishable by the death penalty. Juliari was not sentenced to death because the law only threatens the death penalty under natural disaster conditions, and COVID-19 is not considered a natural disaster. The death penalty is only threatened for corruption under Article 2, paragraph 2, not for bribery corruption. The judge's decision followed conventional legal norms, resulting in a verdict that was overly normative and failed to address the issue. This article …

Reapproaching International Law Through Twail: Reclaiming Marine Sovereignty And Rights Of The Global South Within Law Of The Sea, Ria Wierma Putri, Febryani Sabatira, Orima Melati Davey, Afandi Sitamala

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Third World Approaches to International Law (TWAIL), also understood as a theory of decolonizing international law, offers a critical framework for analyzing the historical evolution of international law and its continuing impact on Global South nations. This article examines TWAIL's perspective within the Law of the Sea, with particular attention to the ways in which the dominance of marine resource use by industrialized states perpetuates structural inequities over less powerful states. Since the 1950s, TWAIL scholars have emphasized the importance of amplifying Global South voices to challenge entrenched colonial legacies and reshape the future of international law. The purpose of …

Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The 2023 Indonesian Criminal Code revises the formulation of corruption offenses, including rules on proving state financial losses; however, the elucidation of Article 603 raises questions regarding the competent institution and the evidentiary weight of audit results. This study examines how the provision may perpetuate ongoing debates over experts’ authority to determine state financial losses, which are often perceived as affecting legal certainty, and proposes a reformulation to provide clearer legal guidance. This doctrinal study employs statutory and case law approaches, utilizes qualitative methods, and applies Gustav Radbruch’s perspective as an analytical lens. It finds that Article 603’s elucidation uses …