Criminal Law Commons^™

State V. Jones, 242 A.3d 47 (R.I. 2020)., Elizabeth Gravelle

Roger Williams University Law Review

No abstract provided.

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.

Defrosting The Chill: How Facial Recognition Technology Threatens Free Speech, Kirsten E. Roy

Roger Williams University Law Review

No abstract provided.

Setting The Record Straight: Why Threats Of Physical Violence Made Towards Inmates Violate The Eighth Amendment, Alyssa M. Knappins

Roger Williams University Law Review

No abstract provided.

State V. Depina, 245 A.3d 1222 (R.I. 2021), Christopher Minicucci

Roger Williams University Law Review

No abstract provided.

Ten Years Later, Prea Does Not Live Up To Its Goal: Amending The Statute To Reduce Discriminatory Violence Against Transgender Prisoners, Carla Aveledo

Roger Williams University Law Review

No abstract provided.

Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum

Roger Williams University Law Review

No abstract provided.

2021 Surveys Of Rhode Island Law

Roger Williams University Law Review

No abstract provided.

Changemakers: To Empower And Amplify Lgbtq+ Voices, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction

Florida A & M University Law Review

Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …

Appellant's Reply Brief, License Applicant V. State Board Of Registration For Professional Engineers And Surveyors, Summit C.P. No. Cv 2020-08-2223 (March 1, 2022)(Administrative Appeal), Joann M. Sahl, Charles W. Oldfield

Akron Law Faculty Publications

Issues Presented for Review: 1. When a court grants a Certificate of Qualification for Employment (CQE) under R.C. 2953.25, it creates a rebuttable presumption that the recipient’s past convictions are insufficient evidence that the recipient is unfit for a professional license. This Court granted License Applicant a CQE. Did the Ohio Board of Registration for Professional Engineers and Professional Surveyors Board (Board) ignore this presumption when it denied License Applicant’s application to take the NCEES Principles and Practice of Engineering Examination (PE) based solely on his past convictions? 2. R.C. 4733.11(E) requires the Board to determine if each professional engineering …

Game Theory Optimized Fraud: How The Unlawful Internet Gambling Enforcement Act Created A Virtually Riskless Environment For White Collar Crime In Online Poker, Jeffrey Woolf

Upper Level Writing Requirement Research Papers

No abstract provided.

A Comparative Analysis Of Repatriation Of Native American Artifacts And Human Remains Laws In Montana, Usa And Alberta Canada, Helen Cryer

Graduate Student Theses, Dissertations, & Professional Papers

ABSTRACT: Native American and Indigenous communities across the United States and Canada have lost an extensive amount of human remains and sacred artifacts to non-Native people exhuming Native American and Indigenous burial sites that may have been dug up for personal gain, stolen, placed in museums, or left in the hands of non-Native collectors. The repatriation of human remains and sacred artifacts to Native nations can be a lengthy, political, and challenging process yet it is worth the effort for Native people. Native American advocacy and evolving public sentiment toward Native people have led to legislative advancements in the United …

Establishing A Right To Last Rites: Examining Death Row Inmates’ Right To Clergy Presence In The Execution Chamber In Gutierrez V. Saenz, Sarah B. Conley

Oklahoma Law Review

No abstract provided.

Restraints Of The Body Or Of The Mind: Conflicting Interpretations Of The Physical Restraint Sentencing Enhancement, Heather Crabill

Oklahoma Law Review

No abstract provided.

Foreword: Ending Mass Incarceration, Guha Krishnamurthi

Oklahoma Law Review

No abstract provided.

Nonfatal Death Sentences, Jacob Bronsther

Oklahoma Law Review

No abstract provided.

The Inherent Problem With Mass Incarceration, Raff Donelson

Oklahoma Law Review

No abstract provided.

Getting To “Prisoner As Neighbor”, Avlana K. Eisenberg

Oklahoma Law Review

No abstract provided.

The Efficiency Mindset And Mass Incarceration, Thea Johnson

Oklahoma Law Review

No abstract provided.

A Second Look For Children Sentenced To Die In Prison, Kathryn E. Miller

Oklahoma Law Review

No abstract provided.

Disability, Policing, And Punishment: An Intersectional Approach, Jamelia Morgan

Oklahoma Law Review

No abstract provided.

Broken Infrastructure, Del C. Wright Jr.

Faculty Works

This article examines the cryptocurrency-related provisions of the Infrastructure Investment and Jobs Act of 2021, focusing on amendments to the Internal Revenue Code that expand tax reporting and surveillance obligations for digital assets. Specifically, it analyzes the new “Broker” and “Tax” provisions, which extend reporting requirements beyond traditional financial intermediaries to actors in the blockchain ecosystem who may lack access to the necessary data. The article situates these provisions within the broader regulatory and political context, tracing their roots to prior Treasury rulemaking efforts and exploring their intended role in closing the “tax gap.” It highlights the significant compliance challenges, …

Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin

Scholarly Works

As the age of technology has taken this country by surprise and left us with an inability to formally prepare our legal system to incorporate these advances, many courts are forced to adapt by applying pre-technology rules to new technological scenarios. One illustration is the plain view exception to the Fourth Amendment. Recently, the issue of officer inadvertence at the time of the search, a rule that the United States Supreme Court has specifically stated is not required in plain view inquiries, has been revisited in cyber law cases. It could be said that the courts interested in the existence …

How Experts Have Dominated The Neuroscience Narrative In Criminal Cases For Twelve Decades: A Warning For The Future, Deborah W. Denno

Faculty Scholarship

Phineas Gage, the man who survived impalement by a rod through his head in 1848, is considered “one of the great medical curiosities of all time.” While expert accounts of Gage's post-accident personality changes are often wildly damning and distorted, recent research shows that Gage mostly thrived, despite his trauma. Studying past cases such as Gage’s helps us imagine—and prepare for—a future of law and neuroscience in which scientific debates over the brain’s functions remain fiery, and experts divisively control how we characterize brain-injured defendants.

This Article examines how experts have long dominated the neuroscience narrative in U.S. criminal cases, …

Mysterious Ways, Lawrence M. Friedman

FIU Law Review

The “mystery” or “detective” novel originated in the first half of the 19th century, and quickly became extremely popular. Its origins betray changes in English and American society—the same changes that led to innovations in criminal justice, especially the creation of detective squads in the big cities. The goal of the detective was to expose secret crime—crimes committed by confidence men, and others who worked in the shadows. Thousands and thousands of detective novels have been written; they are extremely varied; but they tend to share one common trait: they turn on the problem of hidden personal identities, which the …

Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum

FIU Law Review

International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors. This Article disaggregates slavery from the slave trade and slavery …

Pushing New Frontiers: Extending Neil To Peremptory Challenges Based On Religious Affiliations, Shirley A. Miranda

FIU Law Review

Today, when it comes to peremptory challenges during jury selection in Florida, it is impermissible to strike a venireperson on the basis of their race, ethnicity,or gender. However, as recent as January 2020, the Florida Supreme Court has declined to adjudge whether it is also impermissible to strike a venireperson on the basis of their religious affiliation. Thiscomment will address the aspect of religion and its impact on persons sitting in judgment against others generally and whether religious affiliation qualifies as a valid ground for a peremptory challenge as both the Florida and federal standards for disqualifications are silent as …

Brief Of R. Michael Cassidy, Nora Freeman Engstrom, Bruce A. Green, Peter A. Joy, Geovanny E. Martinez, Veronica Root Martinez, Richard W. Painter, W. Bradley Wendel, Ronald F. Wright, And Ellen C. Yaroshefsky As Amici Curiae In Support Of Petitioner, R. Michael Cassidy, Nora Freeman Engstrom, Bruce A. Green, Peter A. Joy, Geovanny E. Martinez, Veronica Root Martinez, Richard W. Painter, W. Bradley Wendel, Ronald F. Wright, Ellen C. Yaroshefsky

Faculty Scholarship

No abstract provided.

The Case For Pattern-Or-Practice Investigations Against District Attorney's Office, Rory Fleming

University of San Francisco Law Review

No abstract provided.