Criminal Law Commons^™

Event Overview, Georgia Criminal Law Review Editors

Georgia Criminal Law Review

No abstract provided.

Introduction, Georgia Criminal Law Review Editors

Georgia Criminal Law Review

No abstract provided.

Table Of Contents, Georgia Criminal Law Review Editors

Georgia Criminal Law Review

No abstract provided.

Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala

Popular Media

This article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.

Excerpt:

"The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins

St. Mary's Law Journal

No abstract provided.

The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti

St. Mary's Law Journal

This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.

Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

St. Mary's Law Journal

Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …

This Ain't Nothin' New, Samhermundre Raemune Wideman

Writing Beyond the Prison Living Archive

Autobiography, Essay

Meet Our New Faculty: Yvette Butler, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Associate Professor Yvette T. Butler joined the Indiana Law faculty this summer. She earned an undergraduate degree from the University of Minnesota, Morris, and her law degree from The George Washington University Law School.

Victim Protection And The Dynamic Situation Of Human Trafficking: Indonesia Experience, Nathalina Naibaho

Indonesian Journal of International Law

Human trafficking is a global issue. It can arise in the context of national and/or transnational acts and are regulated by national and transnational criminal law mechanisms. However, in trafficking in person cases there are links between human trafficking and other related crimes such as drugs trafficking. Meanwhile, Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, subject to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the conviction of human trafficked victims who are used as drug dealers in organized …

Why Abolishing The Insanity Defense Is Unconstitutional In Death Penalty Cases, Ashley Peterson

Idaho Law Review

No abstract provided.

Meet Our New Faculty: Valena Beety, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

You’ve read about some of the amazing students we have starting with us next week. Now we’ll introduce you to some of the new faculty who have joined us over the summer. First up is Valena Beety, the Robert H. McKinney Professor of Law. Prof. Beety was most recently Professor of Law and Deputy Director of the Academy for Justice at theArizona State University Sandra Day O’Connor College of Law.

Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest, Allison M. Freedman

Villanova Law Review (1956 - )

No abstract provided.

Committee Prosecution: Using Expert Opinion To Make Criminal Justice Descisions More Impactful, Ellison Berryhill

University of Michigan Journal of Law Reform Caveat

Those uninitiated to the reality of the United States’ criminal justice framework may believe that judges are the most powerful actors in the system. These casual observers watch crime shows filled with trials where judges make rulings and yell at people who are out of line. Viewers may believe in the adversarial system as a war between zealous prosecutors seeking justice and defense attorneys fighting for their client’s innocence. They may think of judges as neutral arbiter who makes the ultimate decisions. Unfortunately, that is not the case.

Alternatively, casual observers may think that the jury is the most powerful …

Youthful Offenders Sentencing Trends In Pennsylvania, Monika Nwajei

All Theses

The overwhelming majority of existing literature on the effects of age on judicial sentence decision-making focuses on juveniles (ages 18 and below) and older adults. This paper focuses on offenders between the ages of 18-29, who fall legally outside the definition of juvenile, yet do not have the full brain development or clinical maturity of an adult to provide knowledge of sentencing outcomes for different populations and a well-rounded review and critique of judicial sentence decision-making (Johnson, Blum, & Giedd, 2009). Using a series of logistic regression analyses on the Pennsylvania Commission Sentencing (PCS) data from 2001 to 2018, I …

Victims Of Coercive Plea Bargaining: Defendants Who Give False Testimony For False Pleas, Lucian E. Dervan

Law Faculty Scholarship

This Article synthesizes emerging empirical, doctrinal, and interdisciplinary research demonstrating how coercive plea bargaining practices produce false guilty pleas and false testimony, thereby generating a distinct and often overlooked class of victims within the criminal justice system. Drawing on exoneration data, laboratory-based plea decision studies, and case analyses—including documented wrongful convictions—the authors show that sentencing differentials, mandatory minimum statutes, pretrial detention, attorney advice, and systemic resource constraints can overbear the will of defendants, including the innocent. Contrary to longstanding judicial assumptions that guilty pleas are inherently reliable when entered with counsel, the Article demonstrates that structural incentives embedded in modern …

Mechanisms To Reduce Cyber Threats And Risks, Saad Alsuwaileh

Journal of Police and Legal Sciences

Addressing the mechanisms of reducing cyber threats and risks Research Because cyberspace is an important arena for various international interactions, especially in recent times in light of the increase in cyber-attacks between some countries, which affects their national security. In this context, many countries are trying to make an effort to develop their capabilities to be used in any cyber-attack, or to take adequate preventive measures to protect them from any possible cyberattacks, especially in light of the impact of these attacks on vital places and institutions such as banks and ministries or on important facilities such as water and …

Investigation Procedures In The Crimes Of Ministers And Senior Officials In Light Of Federal Decree-Law No. (24) Of 2021 On The Accountability Of Ministers And Senior Officials Of The Federation, Yousuf Alkaabi

Journal of Police and Legal Sciences

The aim of this research is to define the concept of ministers and senior employees of the federation and to explain their legal nature, to stand on the legal basis for the penal responsibility of ministers and its scope, in addition to clarifying the procedures for receiving complaints and communications against ministers and senior employees of the federation in the UAE, and examining their seriousness, and indicating the competent authority for the preliminary investigation. And a statement of its authority to issue precautionary orders against ministers.

The problem of the research was to determine the adequacy of the procedural provisions …

Criminal Liability Of Paramedical Professionals For Disclosing Medical Secrets: “An Analytical Study Of The Legislation Applied In Palestine”, Mohammad Shtayah

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

This study aimed at identifying the penal responsibility of those with health professions helping to maintain the professional (medical) secret that the patient discloses or reached by the profession on his own. The context of the legal texts, and the researcher has reached many results, the most important of which are: that the duty to maintain medical confidentiality is one of the most important duties entrusted to the providers of assistive health services, and that the disclosure of the assistive health service provider to the professional secret is a criminal misdemeanour, and the legislation in force in the State of …

Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo

Journal of Indonesian Tourism and Policy Studies

Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …

Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo

Jurnal Hukum & Pembangunan

No abstract provided.

The Constitution Of Japan, Harun Alrasjid

Jurnal Hukum & Pembangunan

No abstract provided.

The Poetic Beauty Of Resistance, Monsour Owolabi

Writing Beyond the Prison Living Archive

poetry

Book Review: Derviš M. Korkut: A Biography—Rescuer Of The Sarajevo Haggadah, Ehlimana Memišević

Genocide Studies and Prevention: An International Journal

At the beginning of 2020, the Sarajevo-based publishing house El-Kalem, released a biography of Derviš M. Korkut, a Bosniak hero, to whom Yad Vashem posthumously awarded Righteous among the Nations on December 14, 1994.

Winston Churchill's words, with which the author begins the biography—that the Balkans produce more history than they can handle—best describe the difficult times in which Korkut lived. For Korkut and his fellow Bosnians, these difficult times lasted from the beginning of the 20th century to its very end.

The book is based on exhaustive archival research and reconstructs Korkut’s life very precisely, while the concise overview …

Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty

Indiana Journal of Law and Social Equality

No abstract provided.

Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

Adolescent Brain Development And Crime: Why New York State Should Increase The Age Of Criminal Culpability To Twenty-One Years Old, Julia Patz

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should increase the age of criminal culpability from eighteen to twenty-one years old, aligning with scientific evidence on adolescent brain development. It contends that the current age threshold is arbitrary and unsupported by research, which shows that brain development, particularly in areas responsible for decision-making and impulse control, continues well into the mid-twenties. The note advocates for this policy change to improve outcomes for young offenders and reduce the harms caused by adult incarceration.

Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander

Vanderbilt Law School Faculty Publications

Most court data are maintained--and most empirical court research is conducted--from the institutional vantage point of the courts. Using the case as the common unit of measurement, data-driven court research typically focuses on metrics such as the size of court dockets, the speed of case processing, judicial decision-making within cases, and the frequency of case events occurring within or resulting from the court system.

This Article sets forth a methodological framework for reconceptualizing and restructuring court data as "people-first"-centered not on the perspective of courts as institutions but on the people who interact with the court system. We reorganize case-level …

Pretrial Release, Risk Assessment, And The Failing Movement Towards A Cashless Bail System: The Need To Target The Source, Brooke Hodgins

Cardozo Journal of Equal Rights & Social Justice

The note argues that the cash bail system perpetuates economic and racial disparities, leading to unjust pretrial detention for many individuals. It advocates for a risk-based approach, highlighting New Jersey's bail reform as a model that reduces incarceration rates and disparities while maintaining public safety.