Criminal Law Commons^™

An Apt Analogy?: Rethinking The Role Of Judicial Deference To The U.S. Sentencing Guidelines Post-Kisor, Amy Walker

Fordham Law Review

Since its inception in 1984, the U.S. Sentencing Commission (the “Commission”) has struggled to garner and maintain a sense of legitimacy among federal judges. The tension is both a story about competing expertise between judges and the Commission and competing values, namely uniformity and individuality. In 1993, the U.S. Supreme Court in Stinson v. United States prioritized uniformity by telling lower courts to treat the Commission as they would any other administrative agency. Lower courts—for the most part—faithfully executed this directive until 2019, when the Supreme Court in Kisor v. Wilkie gave them another option, one that seemed to leave …

Seeking Sanctuary: An Analysis Of U Visa Policies In Omaha, Nebraska And Their Impact On Immigrant Communities, Emma Ehmke

Theses/Capstones/Creative Projects

Since 2000, immigrants have been eligible for U visa status if they are a victim of a particular crime and assist law enforcement in criminal investigations. However, challenges arise for numerous reasons with the I-918 Supplement B form, which must be signed by an agency certifier within law enforcement or an attorney’s office. This study examines the policies of six law enforcement agencies and attorney’s offices in the Omaha Metro Area through semi-structured interviews to understand their approach to U visas and the characteristics of successful applications. The study aims to uncover variations in agency procedures and understandings and the …

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

Criminal Law, Thomas D. Church, Whitney Baker

Mercer Law Review

This Article provides a comprehensive review of the United States Court of Appeals for the Eleventh Circuit’s most noteworthy criminal law opinions from 2023, with a focus on the key holdings from each decision. Section II of this Article addresses substantive criminal offenses, such as drug offenses, economic crimes, 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 U.S. Sentencing Guidelines and other sentencing issues and provides a limited review of the Eleventh Circuit’s decisions in post-conviction proceedings, including those involving the First Step …

The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia

Indonesia Law Review

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Program: Senior Projects (Public)

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Inmate Assistance Programs: Toward A Less Punitive And More Effective Criminal Justice System, Erkmen G. Aslim, Yijia Lu, Murat C. Mungan

Faculty Scholarship

High recidivism rates in the United States are a well-known and disturbing problem. In this article, we explain how this problem can be mitigated in a cost-effective manner through reforms that make greater use of humane methods that help inmates rather than using more punitive measures.

We focus on Inmate Assistance Programs (IAPs) adopted by many states. Some of these programs provide inmates with valuable skill sets to utilize upon their release while others are geared towards treating mental health and substance use disorder problems. IAPs are likely to reduce recidivism by lowering ex-convicts’ need to resort to crime for …

Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna

Electronic Theses, Projects, and Dissertations

The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …

Symposium On Scholars’ Suggestions For Amendments, And Issues Raised By Artificial Intelligence

Fordham Law Review

CHAIR SCHILTZ: As those of you who have been in the rules work for a while know, rules work is cyclical. During the time I’ve been Chair of the Advisory Committee on Evidence Rules, we’ve had two packages of amendments that have gone through. The first package will take effect on December 1, 2024, and that’s the package that is led by the amendment to Rule 702 on expert testimony. And then we have another package that was just approved by the Judicial Conference and sent to the U.S. Supreme Court, and that package is led by the new rule …

Deepfakes Reach The Advisory Committee On Evidence Rules, Daniel J. Capra

Fordham Law Review

A number of articles have been written in the last couple of years about the evidentiary challenges posed by “deepfakes”—inauthentic videos and audios generated by artificial intelligence (AI) in such a way as to appear to be genuine. You are probably aware of some of the widely distributed examples, such as: (1) Pope Francis wearing a Balenciaga jacket; (2) Jordan Peele’s video showing President Barack Obama speaking and saying things that President Obama never said; (3) Nancy Pelosi speaking while appearing to be intoxicated; and (4) Robert DeNiro’s de-aging in The Irishman.

The evidentiary risk posed by deepfakes is …

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson, Carolyn Hoyle

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …

“A Tale Of National Disgrace”: Applying The Doctrine Of Unconscionability To Establish The Impermissibility Of Secret Non-Prosecution Agreements, Denna Fraley

Journal of Law and Policy

Crime victims are directly harmed by crime and therefore have a stake in, and should be treated as individual participants in the criminal justice process. In recognition of this, Congress passed the Crime Victims’ Rights Act (“CVRA”) in 2004 to enumerate specific rights afforded to crime victims, including the rights to confer with the prosecutor in the case, to be heard at public court proceedings involving a plea or sentencing, to be informed in a timely manner of a plea bargain or deferred prosecution agreement, and to be treated with fairness and respect. Whether the CVRA extends these rights to …

Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions, Alexa A. Panganiban

Journal of Law and Policy

While the COVID-19 Pandemic affected health, social interaction, and politics on a global scale, Asian Americans in the United States faced the added hardship of racism and xenophobia. Unfortunately, anti-Asian sentiment in the U.S. is not unprecedented and has historical roots dating back to at least the nineteenth century. However, with right-wing leaders using condescending labels like “Chinese virus” and “Kung Flu” to describe the deadly infection, Asian hate has escalated to astronomical levels. Within one year of the onset of the Pandemic, more than 9,000 reports of Asian hate were filed, and this exponential surge led to the adoption …

Murder And A Mother’S Love: Understanding Maternal Altruistic Filicide And Reshaping The Legal System’S Approach To Mentally Ill Mothers Who Kill Their Children, Morgan Woodbridge

Journal of Law and Policy

Every year, thousands of children are killed by their parents. Some of these killings are committed by mentally ill mothers who believe that death is in their children's best interest. This category of killings is called maternal altruistic filicide. Numerous studies have found that mothers who commit altruistic filicide are severely mentally ill and have histories of psychiatric illness, trauma, and suicidality. Despite this, mothers who commit altruistic filicide are often railroaded through the criminal legal system without access to adequate mental health care. Traditional legal procedures designed to assist the mentally ill, such as the insanity defense or the …

Bail At The Founding, Kellen R. Funk, Sandra G. Mayson

Faculty Scholarship

How did criminal bail work in the Founding era? This question has become pressing as bail, and bail reform, have attracted increasing attention, in part because history is thought to bear on the meaning of bail-related constitutional provisions. To date, however, there has been no thorough account of bail at the Founding. This Article begins to correct the deficit in our collective memory by describing bail law and practice in the Founding era, from approximately 1790 to 1810. In order to give a full account, we surveyed a wide range of materials, including Founding-era statutes, case law, legal treatises, and …

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

Out Of Sight, Out Of Mind: The Hidden Issues And Entertainment Within The World Of Crime And Punishment, John Charlton, Christian Sorrells, Aaron Burney, Jonathan Yi

ENGL 1102 Showcase

An anthology diving into observing topics related to crime and punishment and determining the effect on the greater topic. Explains why people are so interested in crime, how PTSD can lead to violence and questioning how prisoners spend their time and all through provoking questions addressed in this anthology in the hope that it creates a greater understanding of crime and punishment as a whole.

My Patient Or Law Enforcement, Who Gets First Say?, Hollis T. Redden

Arkansas Law Notes

Law enforcement is often left struggling with determining how to appropriately respond to nurses who refuse their request to collect a suspect’s blood when that patient is suspected of intoxicated driving and the officer has a valid search warrant. These scenarios trigger compliance issues including a patient’s right to privacy and consent, “particularly when a medical entity’s compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) provisions directly conflicts with law enforcement needs and goals.” Once a suspect becomes a patient, whose interest prevails? Is it healthcare providers’ interest in abiding by the rights, health, and safety …

The Heavy Mark Of Ptsd The Justice System Leaves On The People Going Through It., Ezavier Miller, Angel Emetuche, Sakina Ahmed

ENGL 1102 Showcase

This is a paper about how the justice system in it's many forms can cause PTSD. Not only to the criminals that go through it but also the children, victims. With many process having extensive repercussion causing PSTD to take hold of the many people that seek the justice system for help or judgement.

The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado

St. Mary's Law Journal

No abstract provided.

Ordinary Meaning As Last Resort: The Meaning Of "Undue Hardship" In Title Vii, James Phillips

BYU Law Review

Ordinary meaning reigns supreme in modern statutory interpretation. Yet that supremacy can cause an interpreter to miss specialized meaning. And the Supreme Court has never fully clarified when ordinary meaning must give way to specialized or technical meaning.

This Article attempts to provide doctrinal clarification as to when one should use ordinary as opposed to other meanings through putting the doctrinal pieces together in a full and coherent way. That doctrinal clarity leads to a methodological refinement: rather than the starting point, ordinary meaning is the ending point of statutory interpretation.

This Article applies this doctrine and methodology, as well …

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

Good Policing Practices Are Difficult, Even For The Avengers, Melanie Reid

Cleveland State Law Review

Policing, as a topic, is complicated. Many have strong views as to what police should or should not be doing and how effectively they are doing it. Too often policing has become polarized with various perspectives disagreeing as to the future of policing. Black Lives Matter, Defund the Police, and Policing Abolition movements are on one spectrum compared to the Blue Lives Matter Movement or other mayoral or police union initiatives. This is clearly a time to collaborate and learn from the various perspectives to bring hope and change in the future. Lawyers, academics, community members, and police officers alike …

Pleading For Justice: Analyzing Ohio’S Wrongful Conviction Compensation Statute And The Guilty Plea Disqualification Provision, Paige Betley

Cleveland State Law Review

Innocent until proven guilty? For some who have walked through the criminal justice system, this American adage did not seem to ring true. The criminal justice system has produced many wrongful convictions, which is an unthinkable injustice. These individuals must then fight for compensation to get back on their feet in society after spending years, if not decades, unjustly behind bars. Ohio’s wrongful conviction compensation statute perpetuates this injustice by categorically excluding exonerees who pled guilty to a crime they did not commit from receiving compensation from the State, with no exceptions. This Note critically analyzes the inherent harms from …

A Systematic Review Of The Literature On Sexual Assault And Dating Violence Prevention Programs For Middle Schoolers And High Schoolers, Lauren Gay

Honors Projects

Adolescent sexual abuse and dating violence are serious issues that have life-changing impacts on victims. Sex education in the United States does place an emphasis on sexual assault and dating violence prevention curriculum to be provided for students. These programs have the potential to equip students with the knowledge to lead healthy relationships and prevent violent acts from happening. This review details 25 studies that provided these prevention programs to students and the impacts they had. It was found that the programs had positive impacts on preventing sexual assault and dating violence victimization and perpetration, as well as promoting healthy …

Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski

University of Miami Law Review

The sentencing stage of the federal legal system provides defendants with an opportunity to articulate why the sentencing judge is justified in imposing less severe sentences. Yet, under the Federal Sentencing Guidelines, sentencing judges have been restricted in the characteristics and background information that can be utilized when imposing a downward departure from the recommended Guidelines sentence. More specifically, there is great variability regarding the extent to which family-related circumstances can be utilized as justification for a downward departure due to the Sentencing Commission’s ambiguous language. Considering the damaging effects of incarceration on children when a caretaker is physically removed …

The Unconstitutionality Of Underfunded Public Defender Systems, Braden Daniels

Senior Honors Theses

When a defendant is ineffectively represented by a public defender due to an underfunded public defender system, a defendant whose public defender provides him only cursory representation is entitled to a new trial only if blatantly innocent. The U.S. Supreme Court should follow its precedent and declare systemically underfunded public defender systems unconstitutional, with cases meriting reversal when the underfunding is to blame for unreasonable attorney errors, regardless of prejudice. This stems logically from the Court’s holdings in Gideon v. Wainwright, Strickland v. Washington, and United States v. Cronic. Many have argued for the reversal or modification …

Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott

Public Land & Resources Law Review

No abstract provided.

"They Just Needed To Be Given The Opportunity": Judicial Perspectives Of Drug/Dui Courts In South Dakota, Ryleigh A. Christopherson

Honors Thesis

Drug/DUI courts have existed in the state of South Dakota since 2007 when the state became the last to implement a drug/DUI court program. Currently, South Dakota has 17 problem-solving courts which include drug, DUI, mental health, and veterans courts. The drug/DUI court model works to circumvent participants out of the criminal justice system by targeting the root cause of their criminal behavior. The role of the judge in this model is essential. Previous research has found that how participants view the quality of their interactions with the presiding judge is one of the most influential factors for their success …

Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia: Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.