Criminal Law Commons^™

Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.

UAEU Law Journal

terrestrial environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.

However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly …

Substantive Criminal Protection Of Scientific Journals From Phishing: A Comparative Study, Omar Abdul Majid Mosbih Dr.

UAEU Law Journal

The Academic sector faces many threats relating to ensuring its quality including the spread out of phishing for scientific journals done by cyber criminals with the aim of collecting money through the activities of researchers.

Academic phishing is considered one of the most noticed activities in the field of electronic publishing, especially in the use of knowledge at the electronic environment and the use of information circulation via the internet technology.

However, there are negative effects resulting from electronic phishing of scientific journals. Such effects represented in the loss of the academic work done by the researchers or that of …

Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19, Sydney Mcconnell

Arkansas Law Review

A prison sentence should “not include incurring a great and unforeseen risk of severe illness or death.” But for the 2.3 million people housed in our nation’s prisons and jails during the COVID-19 (“COVID”) pandemic, their sentences have included just that. Since the beginning of the pandemic, the Bureau of Prisons has transferred approximately 49,068 inmates to home confinement. The decision to expand home confinement is an important one. It is a step in the right direction to address another broader, and distinctly American, issue: mass incarceration. Lawmakers on both sides of the political aisle have reached the consensus “that …

No Need For Speed: The Inherent Unreasonableness Of High-Speed Police Chases And A New Approach To Excessive Force Litigation, Hayley Bork

Brooklyn Law Review

High-speed police chases are a deadly tactic used and abused by the police to apprehend motorists who flee from traffic stops. Police departments around the country routinely escalate stops for mere traffic infractions into dangerous high-speed pursuits, resulting in death and injury to those involved. Moreover, Black Americans represent a disproportionate number of those stopped, chased, and killed by police, making high-speed chases, like many police-citizen encounters, highly racialized. However, for motorists injured by high-speed chases, maintaining a successful lawsuit against the responsible officers remains incredibly difficult under current excessive force jurisprudence. Although police department policies limiting when and why …

Should Prosecutors Be Expected To Rectify Wrongful Convictions?, Bruce A. Green

Texas A&M Law Review

In 2008, the American Bar Association amended the Model Rules of Professional Conduct to address prosecutors’ post-conviction conduct. Model Rules 3.8(g) and (h) establish the remedial steps a prosecutor must take after achieving a criminal conviction when confronted with significant new evidence of an injustice. They require prosecutors to disclose the new exculpatory evidence and to take reasonable steps to initiate an investigation, and if clear and convincing evidence then establishes the convicted defendant’s innocence, the prosecutors’ office must take reasonable steps to rectify the injustice. Since then, 24 state judiciaries have adopted versions of one or both rules. Although …

The Road To Hell Is Paved With Vague Intentions: Prosecutorial Development Of 18 U.S.C. § 666 And Its Effect On Local Officials, Theodore Richardson

Texas A&M Law Review

Over the past century, federal prosecution has expanded to cover behavior without a clear nexus to federal interests. At the same time, the powers of local governments have expanded to areas historically reserved for states. These two trajectories have created a collision course, pitting federal prosecutors against local officials in unexpected ways. Vaguely drafted laws have enabled federal prosecutors to expand their discretionary authority and reach conduct that sits well outside of traditional ideas of criminality.

Corruption is a serious issue that needs to be addressed correctly. But how corruption is addressed and who should address it are two important …

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson

Arkansas Law Notes

In 2021, the Arkansas General Assembly overwhelmingly approved Act 1036, the Justice for Vulnerable Victims of Sexual Abuse Act. This Act amends the statute of limitations for “vulnerable victims” of sexual abuse. The Act allows a person who was either disabled, a minor, or both at the time he or she was a victim of sexual abuse to bring a civil action against an alleged abuser until the age of fifty-five (55)—replacing the former statutory age limit of twenty-one (21). The Act also revives previously time-barred claims for a period not earlier than six (6) months after and not later …

The Death Of The Legal Subject, Katrina Geddes

Vanderbilt Journal of Entertainment & Technology Law

The law is often engaged in prediction. In the calculation of tort damages, for example, a judge will consider what the tort victim’s likely future earnings would have been, but for their particular injury. Similarly, when considering injunctive relief, a judge will assess whether the plaintiff is likely to suffer irreparable harm if a preliminary injunction is not granted. And for the purposes of a child custody evaluation, a judge will consider which parent will provide an environment that is in the best interests of the child.

Relative to other areas of law, criminal law is oversaturated with prediction. Almost …

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Plea Bargaining's Uncertainty Problem, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself Critics' primary target is the "trial penalty." But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of "progressive prosecutors" is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …

Insider Expungement, Brian M. Murray

Utah Law Review

Like many phases of the criminal justice system, insiders dominate the practice of expungement and there is little to no involvement of the broader community. Recently, scholars in favor of democratization in criminal justice have called for enhanced public involvement during policing, charging, bail determinations, plea-bargaining, and sentencing to improve accountability, transparency, and democratic participation. This Article is the first to extend this critique to decision-making during the expungement process. It conveys how expungement always has been the province of insiders and how recent expungement reforms, while broadening some substantive expungement remedies, double down on this paradigm. Procedures are implemented …

Colorblind Nationalism And The Limits Of Citizenship, Ming Hsu Chen

Cardozo Law Review

Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim citizens racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial …

The Art World Of Digital Assets: How Non-Fungible Tokens Create A Loophole In Anti-Money Laundering Regulations, Sofia Aizenman

Cardozo Law Review

No abstract provided.

Policing & The Problem Of Physical Restraint, Steven Arrigg Koh

Faculty Scholarship

The Fourth Amendment of the U.S. Constitution prohibits unreasonable “seizures” and thus renders unlawful police use of excessive force. On one hand, this definition is expansive. In the U.S. Supreme Court’s 2021 Term, in Torres v. Madrid, the Court clarified that a “seizure” includes any police application of physical force to the body with intent to restrain. Crucially, Chief Justice Roberts’ majority opinion emphasized that police may seize even when merely laying “the end of a finger” on a layperson’s body. And yet, the Supreme Court’s Fourth Amendment totality-of-the-circumstances reasonableness balancing test is notoriously imprecise—a “factbound morass,” in the famous …

The Trouble With Time Served, Kimberly Kessler Ferzan

BYU Law Review

Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …

Political Subdivisions, Homelessness, And Vacancy: How Missouri’S Use Of Logrolling Passed House Bill 1606, Kateri Busiek

SLU Law Journal Online

In June of 2022, Governor Parson signed into law House Bill 1606. HB 1606 contains a diverse set of provisions concerning county financial statements, unlawful camping on state-owned property, and penalties for landowners of vacant property. In this article, Kateri Busiek discusses how House Bill 1606 violates the Missouri Constitution.

Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath

Pepperdine Law Review

The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …

Proactive Scientific Forecasting Of Cyber Threats, Mohamed Badrat

Journal of Police and Legal Sciences

The cyber globalization has brought about significant transformations in human life. Despite supporting the goals of sustainable development, contributing to the exchange of ideas and beliefs, blending cultures and knowledge, and promoting the trade of goods and services among different peoples of the world, it poses threats to privacy and reduces security. Unethical behaviors and cyber crimes have been prevalent in this widespread and interconnected world, replacing traditional crimes with electronic ones. With the evolution of globalization and technological advancement, cyber threats undermine all avenues of progress and prosperity.

The study adopted a descriptive-analytical methodology to describe and study the …

The Security And Cyber Defence Realities And Difficulties In Algeria, Kada Aicha

Journal of Police and Legal Sciences

This research paper aims to shed light on the digital challenge faced by Algeria as it enters the world of the knowledge society, which qualifies it to achieve cybersecurity and cyber defense against various forms and types of security threats, including cyber threats. The researcher used an analytical approach to understand the phenomenon under study and trace its causes, in addition to a case study method to study all aspects of the studied phenomenon and identify the characteristics of the case study - Algeria was chosen as the analysis unit. The study concluded several important results, including:

The deficiency of …

Crying Wolves, Paper Tigers, And Busy Beavers—Oh My!: A New Approach To Pro Se Prisoner Litigation, Justin C. Van Orsdol

Arkansas Law Review

To say that the United States is infatuated with incarceration would be a gross understatement. As a result of “tough on-crime” laws, the United States has “the largest prison population in the world, with more than 2.3 million persons behind bars on any given day” and it “also has the world’s highest per capita rate of incarceration” with a rate that is “five to ten times higher than those of other industrialized democracies like England and Wales . . . . Canada . . . , and Sweden.” Due in part to prison population increases, the conditions of U.S. prisons …

Re-Examining The Landscape Of Employee Drug-Testing In Missouri Post-Amendment 3, Paige Hume

SLU Law Journal Online

In November 2022, Missouri residents voted to ratify Amendment 3 to the state constitution and make the recreational use of marijuana legal. Yet, Missouri is one of only a few states that does not have protections for private employment drug testing. In this article, Paige Hume discusses the landscape of employment drug testing in Missouri, as well as the impact of the new amendment on workers.

Routine Activities And Their Relationship To Crime Among Community Members In Ramallah And Al-Bireh, Younes Ahmed Rabee, Ayed Awad Al-Wareikat

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

The study aimed to identify the practical routine activities of individuals and their daily routine activities and their relationship with their being victims of crime, and used the qualitative descriptive approach by conducting fifty personal interviews with victims of crime of all kinds in the past years 2020 in Ramallah and A Bireh governorate, and reached The study found, notably the existence of a relationship between the practical routine activities of individuals of victims of various crimes and their occurrence in crime, and the absence of a relationship between the daily routine activities of victims of various crimes and their …

Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …

Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …

Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …

Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Sexual violence in Indonesia has caused a public’s worry. The bill on the elimination of sexual violence (RUU PKS) is considered very important to be passed. Purpose of this article is to analyze the suitability of the principles in the RUU PKS with Indonesian act of Formulation of Laws and Regulation Number 12 of 2011 (UU P3). The method used in writing this article uses the normative legal research. Results of this study are formal principles in the anti sexual violence bill is appropriate with the UU P3 except the principle of openness. Likewise with the material principles in the …