Criminal Law Commons^™

The Ever-Shifting Ground Of Pretrial Detention Reform, Jenny E. Carroll

Faculty Scholarship

In the past six decades, pretrial detention systems have undergone waves of reform. Despite these efforts, pretrial jail populations across the country continue to swell. The causes of such growth in jail populations are difficult to pinpoint, but some are more readily apparent: Fear over rising crime rates, judicial reluctance to release accused persons, and monetary burdens associated with release have all contributed to increased detention pretrial across criminal legal systems in the United States. This article examines various pretrial detention reform efforts and highlights the need for greater research in the area.

Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll

Faculty Scholarship

Speech is more than just an individual right—it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights—either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines how criminal …

Academic Economic Espionage?, Elizabeth A. Rowe

William & Mary Law Review

In 2018 the U.S. government announced that Chinese espionage was occurring in university research labs, and the Department of Justice subsequently made it a high priority to prosecute economic espionage in academia. The DOJ’s grave concerns about espionage in academia have continued, and the Director of the FBI has lamented that American taxpayers are footing the bill for China’s technological development. This geopolitical concern about espionage has had real world and personal consequences in academia. Since 2019, over a dozen high-profile criminal prosecutions have put prominent professors at major research universities across the country in handcuffs and almost all the …

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Proceedings At An Impasse: Appealing Fugitive Disentitlement Orders Of International Defendants Under The Collateral Order Doctrine, Parker Siegel

Fordham Law Review

The doctrine of fugitive disentitlement allows federal courts to decline to entertain a defendant’s claims when that defendant is deemed a fugitive from justice. Once disentitled, defendants cannot seek relief from the judicial system until they submit to the court’s jurisdiction. But complications emerge when federal district courts disentitle non–U.S. citizens who reside outside of the United States, who are indicted for alleged misconduct committed abroad, and who attempt to dismiss charges while remaining in their home countries. Federal circuit courts of appeals are split on whether such defendants can appeal from a fugitive disentitlement ruling without submitting to the …

The Mob Lawyer's Constitution, Sara Mayeux

Vanderbilt Law School Faculty Publications

This article reconstructs the constitutional rhetoric of mob lawyers, as well as drug lawyers and other icons of the high-priced criminal defense bar, from the 1970s through the 1990s-the heyday of federal organized crime prosecutions and thus, of the lawyers who defended against them. Drawing upon pop-culture sources including archival television footage, magazine features, newspaper coverage, and ghost-written mass-market memoirs, the article pieces together the constellation of soundbites through which mob lawyers disseminated their views. As the subjects of frequent media coverage, these lawyers advanced a coherent and distinctive (if crude) set of ideas about the proper relationship between individuals, …

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …

A Rights-Based Approach To Determining Venue For Immigration Removal Hearings, Maleah Bradley

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Juvenile Genetic Privacy In New York: Dna Collection And Maintenance Post-Francis O., Cassidy Moon

Cardozo Journal of Equal Rights & Social Justice

The note argues that the compulsory collection and indefinite maintenance of juvenile forensic DNA profiles violate the Fourth Amendment's protection against unreasonable searches and seizures. It asserts that such practices are particularly problematic for minors due to their heightened privacy interests, the low recidivism rates among juveniles, and the contradiction with the juvenile justice system's focus on rehabilitation and confidentiality. The note advocates for legislative reforms, such as New York Senate Bills 998 and 3104, to address these issues and protect juveniles' privacy rights.

Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee

Research Collection Yong Pung How School Of Law

Eyewitness testimony forms an important component in deciding whether a case can be prosecuted. Yet, many criminal perpetrators deliberately conceal their faces with disguises or under dim lighting, undermining eyewitness accuracy. This article reviews recent studies to characterize the factors that impair face recognition performance, specifically, various forms of face disguise (e.g., face masks, sunglasses) and different lighting conditions. Research shows that identification accuracy, alongside eyewitness confidence and decision bias, all affect the reliability of eyewitness accounts. A consistent finding across studies is that face-identification accuracy can be improved by matching the viewing conditions during the police lineup with those …

Public Defenders As Gatekeepers Of Freedom, Alma Magaña

Articles

Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …

Peninjauan Kembali Demi Keadilan, Alfret Alfret

Jurnal Hukum & Pembangunan

Abstract

As the world of law develops, there are more and more new provisions related to the implementation of Judicial Review (PK). Some concrete examples related to the development of PK provisions themselves are that a PK can only be carried out once. Apart from that, there is also a provision that the public prosecutor cannot carry out request for reconsideration. This raises the question of whether these restrictions do not conflict with the principles of justice. This research was studied using normative juridical methods based on existing legal provisions and decisions. So the results of this research show that …

Upaya Mediasi Melalui Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (Laps Sjk): (Studi Kasus Sengketa Rehabilitasi Daftar Hitam Nasional (Dhn) Pt X Dan Bri), Benedetto Setyo Utomo

Jurnal Hukum & Pembangunan

Salah satu upaya penyelesaian sengketa di luar pengadilan yang dapat dilakukan oleh LAPS SJK adalah mediasi. Mediasi selain untuk menyelesaikan sengketa, dapat pula bertujuan untuk melindungi hubungan baik yang telah ada di antara para pihak, sehingga walaupun terjadi sengketa, hubungan antara para pihak, di mana dalam hal ini adalah bank dan nasabah, dapat dijaga secara berkesinambungan. Mediasi pada LAPS SJK bersifat rahasia dan mengutamakan win-win solution, sehingga memberikan kenyamanan bagi para pihak yang bersengketa dan mampu menjaga kepercayaan nasabah terhadap sektor jasa keuangan seperti bank. Selain itu, upaya mediasi melalui LAPS SJK menawarkan proses penyelesaian yang lebih cepat, lebih murah, …

Justice Collaborator Dalam Pertimbangan Hakim Memutus Perkara, Amalina Fikriyah, Ali Masyhar, Cahya Wulandari

Jurnal Hukum & Pembangunan

Justice Collaborator, which refers to the cooperation between a non-primary perpetrator and law enforcement in uncovering organized crimes, is often used to expose cases of extraordinary crimes. The concept of a Justice Collaborator has become a topic of public discussion following the case involving the murder ordered by Ferdy Sambo, where Ferdy Sambo instructed Richard Eliezer to kill Jhosua Hutabarat. Richard Eliezer was found guilty by the court and was designated as a Justice Collaborator.

Standardization Of A Technique For Obtaining Dna From Footprints, Gibrán Galindo-Martinez, Karla Villarreal-Sotelo, Cynthia Marisol Vargas-Orozco, Ernesto Leal-Sotelo, Ignacio Hernandez-Rodriguez, José Francisco Flores-Gómez, Esperanza Milagros Garcia-Oropesa

Research Symposium

Currently our country has high numbers of missing persons, Tamaulipas being one of the states with the highest rate of disappearances. The identification of people has become more important thanks to the development of molecular techniques. However, the limitations are very high, because it is necessary to compare the genetic pattern of the disappeared with the parents. Therefore, the objective of this research is to standardize a genomic DNA extraction technique from contact surfaces for its subsequent implementation in the identification of disappeared, allowing the comparison of the genetic pattern with the disappeared itself. For this, genomic DNA extraction was …

Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph

Maine Statistical Analysis Center

The Maine Statistical Analysis Center (SAC), partnered with the Maine Prosecutors Association (MPA) to establish statewide and by-district prosecutorial data for a five-year period (2017-2021). These baseline data are for a variety of criminal cases, charges, and outcomes and this report is the first of its kind for Maine. The MPA sought to detail these baseline figures and trends in an annual report to both support the ongoing work of Maine’s District Attorneys to address serious crime through data-informed decision-making and to enable key stakeholders and the public to better understand how limited public resources are being used by their …

When Innocence Is Not Enough: A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic

2023–2024 Flyers

No abstract provided.

A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic

2023 Event Invitations

The Supreme Court’s Brady rule of 1963 requires prosecutors to share favorable evidence with defendants. Dybdahl’s book reveals how a series of legal decisions have made it ineffective. Hear what’s at stake when prosecutors conceal evidence, and what can be done about it.

Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe

University Honors Theses

In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …

Methodological And Practical Considerations For Cross-Cultural Focus Groups On Sensitive Topics Within Criminal Justice And Criminology, Hillary Mellinger, Belén Lowrey-Kinberg, Maya Pagni Barak

Qualitative Criminology (QC)

Cross-cultural focus groups offer several advantages over other qualitative methods, particularly when the research goal is to better understand individual and collective perceptions, opinions, or conceptualizations of issues salient to marginalized groups. However, cross-cultural focus groups also pose several unique challenges despite their advantages. Therefore, more scholarly attention needs to address how to overcome these challenges. In this article, we tackle three issues related to cross-cultural focus groups: (1) defining homogenous regarding focus group formation; (2) incorporating intersectionality into cross-cultural focus groups while maintaining homogeneity in crucial aspects of participants’ identities; and (3) overcoming unexpected practical challenges that may appear …

Blood On The Walls: The Influence Of Place Management On Jail And Prison Victimization, Victor J. St. John

Qualitative Criminology (QC)

This study examines the influence of place management on victimization within jail and prison settings. The author conducts content and thematic analysis of narratives deriving from 87 individuals who were formerly incarcerated in Newark, New Jersey, and Cleveland, Ohio. Qualitative findings illustrate that place management may set the stage for victimization by exposing persons in custody to coercive interactions, inadequately surveilled places, deplorable physical conditions, and limited access to quality health services. Such treatment fosters poor relationships among occupants within the correctional setting. I conclude that mismanaged prisons and jails influence the perpetuation of violent victimization. Correctional administrations may foster …

Pilot Study: An Exploration Of Medication Assisted-Treatment (Mat) For Indigenous Americans Within Tribal Healing To Wellness Courts, Fanni Farago, Lindsay Smith, Violette Cloud, Michael Gordon, Faye Taxman

Qualitative Criminology (QC)

Considering the opioid epidemic’s adverse and disproportionate consequences on Indigenous American communities across the nation, United States federal agencies (i.e., Indian Health Service, the Bureau of Indian Affairs, and the White House Office of National Drug Control Policy) and Tribal nations are urgently calling for more substance use treatment and prevention efforts. Problem-solving courts (PSCs) are a well-known innovation for treating individuals with substance use disorders (SUDs) and those who have committed non-violent offenses. However, very little is known about these courts in indigenous communities and how they address substance use disorders. Drawing on a small sample of court coordinators …

Eroticization Of The Body, Reflexivity, And Qualitative Methodology In Criminology: An Omerta, Catherine Montgamny Grenier

Qualitative Criminology (QC)

This article reflects upon the notion of reflexivity in qualitative methodology, both generally and specifically within the field of criminology. This reflection stems from completing my pre-field research in Costa Rica, which I undertook while completing my doctoral thesis regarding the sexuality of solo female travelers. Based on a sexual assault I experienced during this pre-field research, I critically discuss the notion of reflexivity in cases where the security of researchers is undermined by the relations of power that exist between gatekeepers and participants as a result of gender identity and the eroticization of the body. This article specifically questions …

Actionable Motivational Interviewing: Gendered Perceptions Of Probation Officer-Client Relationships, C.J. Appleton, Lindsay Smith, Danielle S. Rudes

Qualitative Criminology (QC)

Prior research purports that probation officers (POs) view the differences between women and men clients as emotional, with women being more "in-touch" with their emotions and "self-aware" of their issues (Welsh, 2019). Since probation client satisfaction links to relationships with POs (DeLude et al., 2012), it is also important to examine clients' perceptions of POs using a gendered lens that considers the potential variations in women and men clients' views of officers. This study uses 15 semi-structured interviews with women and men clients in one Northwestern probation agency. We examine clients' perceptions of the officer-client relationship, finding that clients desire …

The Authenticity Of The Judicial Control Records In Evidence In The Palestinian Law: A Comparative Study, Qais Qatanani

An-Najah University Journal for Research - B (Humanities)

There is no doubt that the criminal judge enjoys a wide discretion when weighing the evidence and determining the extent of its strength when forming his certain conviction, whether it is related to the evidence concluded by the accusing authority or what was raised before the court in the case. However, the reader of the legal texts cited by the Palestinian legislator in procedural law that talk about the freedom of the criminal judge to be convinced; notes the extent of its generality and its lack of a general framework that shows how limited that freedom enjoyed by the judge …

Whittle, Joseph Merle, B. 1933 (Mss 756), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 756. Correspondence and papers of Joseph M. Whittle, a Grayson County attorney who served as U.S. Attorney for the Western District of Kentucky from 1986-1993.

Put The Juvenile Back In Juvenile Court, Erin Fitzgerald

Villanova Law Review (1956 - )

No abstract provided.

Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin

Marquette Benefits and Social Welfare Law Review

In the U.S., death row is made up of a disproportionate number of black persons. In capital trials, black defendants often face all white juries. The deep-rooted racial discrimination in the justice system impacts jury selection because prosecutors use peremptory strikes to remove black jurors from the jury panel. As the law stands today, the Sixth Amendment guarantee of an impartial jury made up of a fair representation of the jury applies only to the pool of jurors called in for jury service, not those who are actually selected to hear the case.

This comment analyzes the Supreme Court decision, …

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein

Nevada Law Journal

No abstract provided.

Barrock Lecture: Democracy In The Criminal Justice System: An Assessment, Carissa Byrne Hessick

Marquette Law Review

None.