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Full-Text Articles in Criminal Law

Rethinking Immigration Enforcement, Peter L. Markowitz Sep 2021

Rethinking Immigration Enforcement, Peter L. Markowitz

Articles

As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …

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Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps Sep 2021

Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps

Nevada Law Journal

No abstract provided.

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Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy Sep 2021

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We …

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Why Disability Studies In Criminal Law And Procedure?, Jamelia N. Morgan Sep 2021

Why Disability Studies In Criminal Law And Procedure?, Jamelia N. Morgan

Journal of Legal Education

No abstract provided.

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A Dose Of Dignity : Equitable Vaccination Policies For Incarcerated People And Correctional Staff During The Covid-19 Pandemic, Itay Ravid, Jordan M. Hyatt, Steven L. Chanenson Sep 2021

A Dose Of Dignity : Equitable Vaccination Policies For Incarcerated People And Correctional Staff During The Covid-19 Pandemic, Itay Ravid, Jordan M. Hyatt, Steven L. Chanenson

Faculty Publications

Since its emergence in early 2020, the COVID-19 pandemic has altered the lives of millions of Americans. As it so often is during times of crisis, our most vulnerable communities have disproportionately suffered and were overlooked. Among these myriad communities, incarcerated people became a particularly potent symbol of our failure to handle the spread of the virus. In December 2020, a beacon of hope emerged with the introduction of new cutting-edge vaccines which promised to bring the world back to where it was just a year-and-a-half ago. Here again, however, policy and politics have led states to adopt different distribution …

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R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene Sep 2021

R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene

Articles, Book Chapters, & Popular Press

This article reviews the constitutional arguments upheld by the QCCA in Bissonnette and weighs them against the challenges that trial judges have encountered in applying s. 745.51 since 2012. By drawing on a qualitative review of cases in which s. 745.51 has been applied, as well as Charter principles, sentencing case law, and international practices, this article posits that the QCCA was correct in its approach to s. 745.51, both in finding it unconstitutional and in finding that the provision should not be read down to render it constitutional. This article advances the central argument that, in the context of …

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The Use Of Expert Opinion Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon Sep 2021

The Use Of Expert Opinion Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon

Research Collection Yong Pung How School Of Law

The 2012 amendments to the Evidence Act2 “significantly broadened the admissibility criteria for expert evidence”;3 at the same time, the judicial discretion to deny admissibility of relevant expert opinion evidence was also introduced. This article considers the key developments pre- and post-amendments, and in doing so provides an updated framework for prosecutors and defence counsel alike to admit and challenge expert opinion evidence in criminal proceedings. Since it complements earlier articles in this series on similar fact4 and hearsay evidence,5 readers are assumed to be broadly familiar with the features of the Evidence Act, such as its admissibility paradigm, the …

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Death By Police: When “Protecting And Serving” Goes Wrong, Hesper Mallis Aug 2021

Death By Police: When “Protecting And Serving” Goes Wrong, Hesper Mallis

Symposium of Student Scholars

The recent cases of law enforcement using lethal force in the United States have gained massive public attention. My dataset is from the Mapping Police Violence website. The website’s focus was to create a heat map to display where police killings occurred most frequently. The website has a dataset with information on 7,664 deaths of suspects. The variables in the dataset include age, sex and race of the suspect; geographic location; alleged threat level; alleged weapon; cause of death; and criminal charges against the officer. In addition, the variables include whether the individual had a mental illness, was armed or …

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Marijuana Arrests In Toronto Canada: A Look Into The Canadian Criminal Justice System, Steven Tully Aug 2021

Marijuana Arrests In Toronto Canada: A Look Into The Canadian Criminal Justice System, Steven Tully

Symposium of Student Scholars

Marijuana related drug offenses made up fifty-eight percent of all Controlled Drugs and Substances Act offenses in Canada in 2016. On October 17, 2018, Canada legalized marijuana. As part of the efforts to legalize marijuana, descriptive statistics of single variables, like the age of the arrestees and the number of people arrested per year, were reported by the Toronto Star newspaper. The dataset analyzed in this research predates the legalization of marijuana and was collected from 1997 to 2002 on 5,226 individuals arrested in Toronto, Canada for simple possession of small quantities of marijuana. When an offender was arrested for …

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Bias In Police Shootings: Is It Just An Opinion?, Phuong Ho Aug 2021

Bias In Police Shootings: Is It Just An Opinion?, Phuong Ho

Symposium of Student Scholars

The claims of racism have drawn public attention toward police brutality and its impact on minorities. Is this just an opinion or is there any statistical evidence? Recent studies from The Atlantic have investigated the average age and ethnicity of victims from police killings in 2015-2016. As an Asian-American, I am motivated to examine the issue of police killings among races and other demographics to find any bias that is present. Using the dataset of 2,204 victims of police killings (2015-2016) collected by The Guardian, I will examine the following variables for bias: age, cause of death, armed/unarmed, race/ethnicity, and …

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Usaha Tanpa Izin Lingkungan: Menilai Pertanggungjawaban Pidana Korporasi, Hariman Satria Aug 2021

Usaha Tanpa Izin Lingkungan: Menilai Pertanggungjawaban Pidana Korporasi, Hariman Satria

Indonesia Criminal Law Review

PT Agro Indomas as a corporation was convicted of having committed a criminal act of running a business without an environmental permit, explicitly in Decision Number 77/Pid.Sus/2018/PN Tgt. This study method uses normative legal research, through a case approach and a conceptual approach. There are several findings in this study, namely: the expressive verbis a quo decision has met the formal and material requirements of the indictment. If seen from the prosecution letter, the a quo decision has a weakness, namely that there are no additional criminal charges in the form of corrections due to criminal acts. In the ratio …

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Memikirkan Kembali Unsur “Hukum Yang Hidup Dalam Masyarakat” Dalam Pasal 2 Rkuhp Ditinjau Perspektif Asas Legalitas., Nella Sumika Putri Aug 2021

Memikirkan Kembali Unsur “Hukum Yang Hidup Dalam Masyarakat” Dalam Pasal 2 Rkuhp Ditinjau Perspektif Asas Legalitas., Nella Sumika Putri

Indonesia Criminal Law Review

Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian Penal Code Bill (Article 2 paragraph 1), as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle …

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Pelanggaran Protokol Kesehatan Covid-19: Ultimum Remedium Atau Primum Remedium (Studi Kasus Mrhs), Salman Alfarisy, Nadrya Ning Tias, Johan Sahbudin Aug 2021

Pelanggaran Protokol Kesehatan Covid-19: Ultimum Remedium Atau Primum Remedium (Studi Kasus Mrhs), Salman Alfarisy, Nadrya Ning Tias, Johan Sahbudin

Indonesia Criminal Law Review

Indonesia as one of the countries affected by the Covid-19 pandemic has implemented various policies to implement health protocol rules in an effort to minimize the spread of the virus. The policy starts at the socialization stage to the imposition of sanctions. There are administrative sanctions and criminal sanctions which have also begun to be applied, as a strong threat to those who try to underestimate the implementation of health protocols. In late 2020, Indonesia was shocked by the violation of health protocols which were directly threatened with criminal sanctions even though the suspect had carried out administrative sanctions from …

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Tinjauan Atas Kriminalisasi Illicit Enrichment Dalam Tindak Pidana Korupsi Di Indonesia: Studi Perbandingan Dengan Australia, Diky Anandya Kharystya Putra, Vidya Prahassacitta Aug 2021

Tinjauan Atas Kriminalisasi Illicit Enrichment Dalam Tindak Pidana Korupsi Di Indonesia: Studi Perbandingan Dengan Australia, Diky Anandya Kharystya Putra, Vidya Prahassacitta

Indonesia Criminal Law Review

The purpose of this article is to critic the urgency for Indonesia to apply the illicit enrichment. Indonesia has ratified the United Nations Convention Against Corruption. Even thought, it has been regulated in corruption and money laundering regime, Indonesia has not carried out comprehensive harmonization Article 20 concerning the illicit enrichment. This paper discuses two issues, how the concept of illicit enrichment in corruption crimes is based on the convention? Then, how Indonesian should regulate the illicit enrichment? To answer those questions, the researchers use comparative law approach, specific to regulation and application of unexplained wealth in Australia. The results …

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Pro Kontra Sanksi Kebiri Kimia: Sanksi Yang Progresif Atau Primitif?, Hafrida Hafrida Aug 2021

Pro Kontra Sanksi Kebiri Kimia: Sanksi Yang Progresif Atau Primitif?, Hafrida Hafrida

Indonesia Criminal Law Review

Chemical castration sanctions were applied in Indonesia through Law No. 17 of 2016 on the Second Amendment to Law No. 23 of 2002 on Child Protection. Since 2016 until now in 2021 there has only been 1 (one) Judge’s Decision on additional chemical castration sanctions imposed on perpetrators of child sexual abuse, namely the Verdict of PN Mojokerto No. 69/Pid.sus/2019/PN.Mjk, May 2, 2019. The verdict provoked a strong reaction from human rights observers. The Impelementation Regulation on Procedures for the Implementation of Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence …

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Limiting The Legality Of Determining Suspects In Indonesia Pre-Trial System, I Gede Widhiana Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi Aug 2021

Limiting The Legality Of Determining Suspects In Indonesia Pre-Trial System, I Gede Widhiana Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi

Indonesia Law Review

This article aims to examine what the pre-trial judges consider in determining whether a suspect's determination is legal. The basis of the reason "not based on the provisions and legal procedures in force" is a pre-trial petition. Including examining whether the Notification Letter for the Commencement of Investigation has not been submitted to the Reported Party and the Reporting Party, it can be used as a basis for the judge's consideration to judge the legality of the determination of the suspect. This article uses a legal research method through a statutory, conceptual, and case approach. This article finds that after …

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Principle Of Simple, Speedy, And Low-Cost Trial And The Problem Of Asset Recovery In Indonesia, Febby Mutiara Nelson, Topo Santoso Aug 2021

Principle Of Simple, Speedy, And Low-Cost Trial And The Problem Of Asset Recovery In Indonesia, Febby Mutiara Nelson, Topo Santoso

Indonesia Law Review

This article discusses whether simple, speedy and low-cost principles have been implemented in the criminal justice in Indonesia and the obstacles faced by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption cases. The findings indicate that such principles are yet to be effectively implemented in the criminal justice system in Indonesia. Some obvious issues have emerged as an area for attention; first, that law enforcement in corruption cases takes a long time, remains complicated, and is also high-priced. Second, there are a number of obstacles confronted by the Indonesian criminal justice system, especially …

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The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider Aug 2021

The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider

Northwestern University Law Review

No abstract provided.

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The Second Amendment In A Carceral State, Alice Ristroph Aug 2021

The Second Amendment In A Carceral State, Alice Ristroph

Northwestern University Law Review

No abstract provided.

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Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher Aug 2021

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …

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Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley Aug 2021

Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley

The US Army War College Quarterly: Parameters

Drawing on personal experience, the author asks what the current administration can learn from the Clinton administration’s implementation of Presidential Decision Directive 56, examines the real-world application of the directive during the Clinton administration and the pitfalls of its agency-centric successor during the Bush administration, and identifies recurring problems and best practices for successfully responding to current global crises.

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Legal Fictions And Moral Reasoning: Capital Punishment And The Mentally Retarded Defendant After Penry V. Johnson, Timothy S. Hall Aug 2021

Legal Fictions And Moral Reasoning: Capital Punishment And The Mentally Retarded Defendant After Penry V. Johnson, Timothy S. Hall

Akron Law Review

The relationship between mental health law and criminal law is disturbing in both its substance and its scope. If it is true that the task of lawyering is that of enabling the client to have his story told, it is certainly true that nowhere are clients' stories more complex than in the intersection between criminal law and mental health law. This Article involves one such intersection: the relationship between mental retardation and capital punishment. Johnny Paul Penry is a convicted rapist and murderer on death row in Texas. He is a survivor of long-term child abuse and organic brain damage …

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Tribe V. Devereaux, 21-Ap-02 (Blkft. Tr. Ct. App., Aug. 8, 2021), Blackfeet Appellate Court Aug 2021

Tribe V. Devereaux, 21-Ap-02 (Blkft. Tr. Ct. App., Aug. 8, 2021), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court judgement against a grandchild who was found guilty of stealing their grandmother's phone. The lower court record did not indicate that any witnesses appeared before the Court to provide testimony to the allegation. Defendant was denied due process of law because there was no sworn testimony or evidence that demonstrated beyond a reasonable doubt that Defendant knowingly, affirmatively committed theft. The Lower court ruling was not supported by the record. Reversed and dismissed.

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Minding Accidents, Teneille R. Brown Aug 2021

Minding Accidents, Teneille R. Brown

Utah Law Faculty Scholarship

Tort doctrine states that breach is all about conduct. Unlike in the criminal law, where jurors must engage in an amateur form of mindreading to evaluate mens rea, jurors are told that they can assess civil negligence by looking only at how the defendant behaved. But this is false. Foreseeability is at the heart of negligence—appearing as the primary tests for duty, breach, and proximate cause. And yet, we cannot ask whether a defendant should have foreseen a risk without interrogating what he subjectively knew, remembered, perceived, or realized at the time. In fact, the focus on actions in negligence …

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Mr. X And Mr. Y Source Material: Finding Aid, Bethany Latham Aug 2021

Mr. X And Mr. Y Source Material: Finding Aid, Bethany Latham

Finding Aids

This collection contains photographs, a clipping file, notes, and newspaper articles pertaining to the murder investigation of a double homicide (known as the “Torso Murders”) that occurred in Calhoun County, Alabama, in 1959. In June 1959, a torso was discovered near Attalla, Alabama, and a day later, a second torso was found near Ashville, Alabama. The two unidentified bodies were designated Mr. X and Mr. Y; they were later identified as Lee and Emmett Harper, who had been living in a trailer on a farm in White Plains, Alabama. Viola Hyatt, daughter of the farmer on whose land the brothers …

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Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell Aug 2021

Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell

Journal Articles

No abstract provided.

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23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha Jul 2021

23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha

School of Law Conferences, Lectures & Events

No abstract provided.

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Recreation And Realization: Reported Motivations Of Use Among Persons Who Consume Psychedelics In Non-Clinical Settings, Cindy Brooks Dollar Jul 2021

Recreation And Realization: Reported Motivations Of Use Among Persons Who Consume Psychedelics In Non-Clinical Settings, Cindy Brooks Dollar

Qualitative Criminology (QC)

"Psychedelic research is said to be going through a renaissance with widespread public and political attention on psychedelics’ ability to clinically resolve various medicalized issues. The prevailing cultural narrative of psychedelics almost touts it as a panacea when used in regulated, clinical settings under the supervision of a trained guide. While clinical studies are certainly informative, it is important to recognize that most psychedelic use takes place in social settings, not clinical ones. This paper seeks to expand the narrative on psychedelic research by presenting in-depth interview data on a diverse sample of 30 persons who report using psychedelic substances …

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Analisis Yuridis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Secara Sepihak Antara Kontraktor Kontrak Kerjasama Industri Hulu Minyak Dan Gas Dengan Pelaksana Kontrak, Satria Winisuddha Jul 2021

Analisis Yuridis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Secara Sepihak Antara Kontraktor Kontrak Kerjasama Industri Hulu Minyak Dan Gas Dengan Pelaksana Kontrak, Satria Winisuddha

"Dharmasisya” Jurnal Program Magister Hukum FHUI

in the implementation of services in a procurement contract for goods or service, parties that require services and goods are represented by the Pejabat Pembuat Komitmen (PPK), while the parties that provide the goods or services are called vendors. In the particular case of the Upstream Oil and Gas Industry, the ones who act as the Pejabat Pembuat Komitmen are the Cooperative Contract Contractor, What is meant by a Cooperative Contractor is that the company are the ones producing the upstream oil and gas. The process of agreement between the contractor and the contract executor must begin with agreement between …

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Kewenangan Pelaksanaan Perizinan Investasi Oleh Pemerintah Daerah Berdasarkan Peraturan Perundang-Undangan Jul 2021

Kewenangan Pelaksanaan Perizinan Investasi Oleh Pemerintah Daerah Berdasarkan Peraturan Perundang-Undangan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Peraturan perundangan- undangan Indonesia terhadap Pemerintahan daerah telah menganut sistem desentralisasi yang mana daerah telah mendapatkan kewenangan yang lebih besar untuk mengatur sendiri pemerintahannya, Adapun kewenangan propinsi, Kabupaten dan Kota, berdasarkan Pasal 13 dan Pasal 14 UU No 23 Tahun 2014, dapat digolongkan kepada urusan wajib yang menjadi kewenangan pemerintahan daerah dan urusan pemerintahan yang bersifat pilihan. Dalam pengaturannya setidaknya terdapat 31 sektor pemerintahan yang merupakan urusan pemerintahan yang di- desentralisasikan ke daerah baik yang terkait dengan urusan yang bersifat wajib untuk menyelenggarakan pelayanan dasar maupun urusan yang bersifat pilihan untuk menyelenggarakan pengembangan sektor ekonomi yang menjadi unggulan dari daerah. …

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