Criminal Law Commons^™

The Abcs Of Racial Disparity, Pamela R. Metzger, Kristin Meeks, Victoria Smiegocki, Kenitra Brown

Deason Center Reports

Data show that Black and White people use marijuana at roughly equal rates. Yet in 2018, in six of Dallas County's biggest cities, Black people were vastly overrepresented in the enforcement of low-level drug crimes. With a look at enforcement trends before the election of District Attorney John Creuzot, this study launches a series of reports about how his reforms have impacted Dallas County.

Prisoner Exposure To A Pandemic: Measuring When Institutional Response Rises To Punishment, Josh Slovin

Mercer Law Review

The Constitution prohibits the cruel and unusual punishment of inmates and detainees. Accordingly, when prison conditions fall below a humane level due to acts or omissions by prison officials, the prison may be found in violation of the Eighth Amendment, the Cruel and Unusual Punishment Clause, against an inmate or the Fourteenth Amendment, the Due Process Clause, against a pre-trial detainee (hereinafter detainee).

Specifically, the assertion of such claims regarding poor prison conditions raises the question of how prisons, and thus the courts, are approaching the novel health risks and administrative challenges posed by a global Coronavirus (COVID-19) pandemic in …

The Shadow Bargainers, Jenny Roberts, Ronald F. Wright, Betina Cutaia Wilkinson

Scholarly Articles in Law Reviews & Journals

Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate. This Article looks into the bargaining part of plea bargaining. It reports on the responses of over 500 public defenders who participated in our nationwide survey about their objectives and practices during plea negotiations.

The survey responses create a rare empirical test of a major tenet of negotiation theory, the claim that attorneys bargain in the "shadow of the trial." This is a theory that some defenders embrace and others reject. Describing the factors they believe …

Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman

Washington and Lee Law Review

This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality and the vestiges of discrimination, courts have been reticent to use the tools at their disposal to adopt proactive remedial approaches to address these disparities. This piece uses two examples from Judge Roger Gregory’s jurisprudence to illustrate how an antiracist approach to judicial remedies might work.

Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen

Washington and Lee Law Review

Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for “crimes involving moral turpitude,” or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple assault generally is not. For a crime to qualify as a CIMT, it must include depraved conduct and some level of intent.

The CIMT framework has been criticized for a variety of reasons. Not only is it defined ambiguously with outdated language, but the moral values it enshrines can sometimes …

Criminal Law, Thomas D. Church

Mercer Law Review

This Article provides a comprehensive review of the Eleventh Circuit’s most noteworthy criminal law opinions from 2020, with a focus on the key holdings from each decision. Section II of this Article addresses substantive criminal offenses, such as economic crimes, drug offenses, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the Federal Sentencing Guidelines and other sentencing issues, and Section V provides a limited review of the Eleventh Circuit’s decisions in post-conviction proceedings.

Antiracism In Action, Daniel Harawa, Brandon Hasbrouck

Washington and Lee Law Review

Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court’s fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet Chief Judge Roger L. Gregory challenges the facially race-neutral reasoning of criminal justice actors, often applying ostensibly colorblind scrutiny to achieve a color-conscious jurisprudence. Nor is he afraid of engaging directly in a frank discussion of the racial realities of America, rebuking those within the system …

Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen

Foreign Languages & Literatures ETDs

The principal aim of this thesis project is to examine the socio-legal context of the Vichy regime in World War II France, and to provide an understanding of how that context informed, and continues to inform, the integrity of French nationhood. With Ernest Renan’s oubli serving as a framework for the solidification of nationhood, I will demonstrate that the betrayals to French law and custom that were committed in an attempt to right the wrongs of the Vichy resulted in an imperfect forgetting, and ultimately, a more fragmented national sense of self. I contend that this imperfect oubli resulting from …

Keynote Prosecutors And Race: Responsibility And Accountability, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Thank you so much, Madeline. I want to thank the Rutgers University Law Review and the Rutgers Center on Criminal Justice, Youth Rights, and Race for inviting me to participate in this very important symposium on Prosecutors, Power, and Racial Justice: Building an Anti-Racist Prosecutorial System. I want to give a special thanks to Professor Cohen and Gisselly, and all of the students who worked so hard to put the symposium together. It's such an important topic. I appreciate your interest, and [I] am particularly thankful to all of you [who] are here on this Friday afternoon to talk about …

The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos

University Honors Theses

There is emerging awareness on the potential arbitrariness and unconstitutionality of executing persons with mental illness. Most states with current death penalty laws have little to no protection for severely mentally ill defendants during capital trials. The present paper looked at the effectiveness of sentencing statutes serving the purpose of protecting defendants with severe mental illness in the state of Oregon. Through a careful meta-analysis this research focused on determining how mental illness plays into death penalty decisions and if Oregon’s Guilty Except for Insanity defense provides sufficient protection. Furthermore, the question of mental illness as a mitigating factor was …

Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman

Articles

This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality and the vestiges of discrimination, courts have been reticent to use the tools at their disposal to adopt proactive remedial approaches to address these disparities. This piece uses two examples from Judge Roger Gregory’s jurisprudence to illustrate how an antiracist approach to judicial remedies might work.

Certifying Second Chances, Cara Suvall

Cardozo Law Review

Policymakers around the country are grappling with how to provide a second chance to people with criminal records. These records create collateral consequences—invisible punishments that inhibit opportunity in all facets of a person’s life. Over the past seven years, states have repeatedly tried to legislate new paths for people trying to move on with their lives. State legislators passed more than 150 laws targeting collateral consequences in 2019 alone.

But what happens when these paths to second chances are littered with learning, compliance, and psychological costs? The people who most need these new opportunities may find that they are out …

A Critique Of Federal Rule Of Criminal Procedure 23(B)(2)(B) And A Proposal To Level The Playing Field For Defendants, Zachary Buda

Cardozo Law Review

No abstract provided.

Defining Necessary Deadly Force For Police: A Framework For Interpreting California’S A.B. 392, Alison Goldman

Cardozo Law Review

No abstract provided.

Introduction, Kate Levine

Cardozo Law Review

No abstract provided.

Rethinking Batson-Soares, Brian A. Wilson

Faculty Scholarship

As the American trial by jury system approaches its 400th year, unlawful discrimination in the selection of jurors remains a pressing issue. The peremptory challenge process – by which a party may object to the seating of a juror for virtually any reason without having to explain its motivation – has faced increasing scrutiny in the criminal trial context. Though not constitutionally guaranteed, the peremptory challenge has been hailed as having an “important role in assuring the constitutional right to a fair and impartial jury,” enabling a defendant to eliminate prospective jurors “whom he perceives to be prejudiced against him” …

Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson

William & Mary Journal of Race, Gender, and Social Justice

The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.

Elimination Of Non-Tariff Barriers Of Trade In Goods In The Asean Region: Will It Ever Work?, Garuda Wiko, Fatma Muthia Kinanti

Jurnal Hukum & Pembangunan

Within the framework of the ASEAN Economic Community (AEC), there is a mandate to promote trade liberalization with the aim of increasing intra-ASEAN trade. The realization of the AEC includes the existence of the free flow of goods, services and investments within the ASEAN region. In terms of trade in goods, the regulations within the AEC framework are intended to promote the establishment of single markets and production bases in the ASEAN region that does not only require the elimination of tariff barriers, but also non-tariff barriers.This article concludethat the NTB Regulations in the AEC 2015 are not very well …

Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat (Studi Komparatif Putusan Mahkamah Agung Nomor 332 K/Pid.Sus/2013), Monica Yesica Febrina

Jurnal Hukum & Pembangunan

Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreementand Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition,protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examinesthe comparison of intellectual property protection laws specifically regarding trade secrets …

Perlindungan Hak Pekerja Perempuan Melalui Sertifikasi Ham Perikanan Yang Berpersfektif Gender, Hesti Widyaningrum, Adi Nur Rohman

Jurnal Hukum & Pembangunan

Indicators of Human Rights Compliance in Regulations on System and Certification of Human Rights in The Fisheries Sector make Business Actors potentiallyignore The findings of fisheries Human Rights violations that are not included in these indicators, the scopeof indicators of human rights compliance should not be limited also from The findings of Human Rights violations of Fisheries Workers and The method of recovery based on the initiative of The Business Actor as referred to in UNGPs (UN Guiding Principles onBusiness and Human Rights). The narrowness scope, too, has an impact on regulating The Rights Of Women Workers which is not …

Hapusnya Lembaga Parate Eksekusi Sebagai Akibat Hukum Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019, Antonius Budi

Jurnal Hukum & Pembangunan

A security rights holder has 2 methods of carrying out executions without resorting to a lawsuit so that they can carry out executions quickly and easily: parate executie or executorial titles. In the Constitutional Court Ruling Number 18/PUU-XVII/2019, parate executie is considered as a continuation of theexecutorial titles. This causes the abolition of parate executie in fiduciary agreement, because now creditor who wishes to exercise parate executie must do so withthe consensus of the debtor or through legal methods. This is contrary to the legal theoryand function of parate executie which is summary execution outside the court system under creditors …

Perlindungan Hak Cipta Terhadap Penggandaan Permainan Video, Ahmad Fajri Wibowo

Jurnal Hukum & Pembangunan

2020AbstractCopyright protection is one of the systemsfor providing legal protection in creative industry. One of the creative industry that need copyright protection is video game industry. Developmentofvideo games in indonesia is very fast, therefore legal protection is needed to maintain the development of video game industry. Basically video game is an object of creation in indonesian copyright law number 28 year 2014 concerning copyright. In the development of the video game industry, there are problems that occur such as many copying of video game illegally. Thus, copyright protection have a significant role in protecting the video game industry.

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia - Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky, Rouli Anita Velentina

Jurnal Hukum & Pembangunan

n 2014, Indonesia implemented measures relating to the importation of horticultural products,animals, and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyzes whether the paneland appellate body decision in the case of Indonesia -Importation of Horticultural Products, Animals and Animal Products under the provisions contained in the WTO legal framework. Indonesias policies cannot be justified under WTO legal framework, thoughthere are some exceptions to the quantitative restriction provision.

Perlindungan Terhadap Hak-Hak Perempuan Pekerja Migran Indonesia Dalam Undang-Undang Nomor 18 Tahun 2017: Perspektif Feminisme Legal Theory, Wabilia Husnah

Jurnal Hukum & Pembangunan

Indonesian Migrant Workers (PMI) often experiencing physical, psychological, and sexual suffering. Indonesian Women Migrant Workers are also victims of trafficking. The implementation of Law of Indonesia No 18 Year 2017 is expected to protect Indonesian Women Migrant Workers. Thispaper will dissect the law through the perspective of the Feminist Legal Theory, to see whether the law has truly been able to fulfill all the rights of Indonesian Women Migrant Workers. This paper concludes that despite protecting Indonesian Women Migrant Workers, this law still feels gender blind. There are five weaknesses in this law, na mely: 1) not discussing the right …

Analisis Yuridis Terhadap Status Hak Kepemilikan Permukiman Penduduk Di Atas Air, Irman Irman, Oksep Adhayanto, Rany Kartika Sari, Suryadi Suryadi

Jurnal Hukum & Pembangunan

This research was conducted to examine whether Settlement on the water can be given ownership status as the right to land in theUUPA. The purpose of this study is to find out and analyze settlements on water, can the status of land rights be given as stipulated in the legislation, and with the hope that people who have houses and settlements on the water can obtain proof of ownership of land and buildings on the water. The research method usedis normative research, with a statutory approach and a historical approach. The results showed that although the Regulation of the Minister …

Orientasi Kebijakan Sistem Resi Gudang Di Indonesia: Suatu Pembacaan Dari Paradigma Critical, Siti Zulaekhah, Suteki Suteki, Paramita Prananingtyas

Jurnal Hukum & Pembangunan

The formation of public policies, including the Warehouse Receipt System in Indonesia, is based on interests, whether sourced from the internalstate or originating from external or other countries environmental factors. Adaptation to external factors cannot be denied because the Indonesian Government has to follow the mechanism that is enforced internationally, mainly in the commercial and financial fields, including banking. This paper aims at analyzing the direction of the warehouse receipt system policy in Indonesia, identifying and describing the policy of the warehouse receipt system and describing it based on the reading of the critical paradigm, and exploring the potential for …

Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalam Sistem Hukum Indonesia, Ade Mahmud

Jurnal Hukum & Pembangunan

The polemic ofcapitalpunishment inthe Indonesian legal system has long reaped a contra cons that never ends. People who oppose capital punishment have reasoned because this criminal is inhumane and ineffective, capital punishment is considered counter productive withthe aimof punishment, especially in overcoming the problem of illicit drug trafficking. That is why most European countries have decided to abolish capital punishment for all forms of crime, but developing countries, including Indonesia, still maintain it because it is seenas a form of punishment worthy of dealing with serious crimes. The discussion on capital punishment cannot be separated from the issue of basic …

Determinasi Keuangan Negara Guna Mewujudkan Keadilan Sosial (Social Equity) Bagi Seluruh Rakyat Indonesia, Dian Puji Nugraha Simatupang

Jurnal Hukum & Pembangunan

State finances in Indonesia is not totally determined by the social equity factor because they tend to be determined by the leadership of the government, so the meaning of state finances in order to realize the goals of the state is very dependent on the model and typical of the President as the holder of the highest state financial management in Indonesia.Such conditions cause state finances to be planned,budgeted, and accounted for with models and mechanisms in accordance with the Presidents management concept, and not on the concept of realizing the goals of the state to achieve social justice. This …

Hak Dan Kewajiban Negara Pemiliki Instalasi Lepas Pantai Terhadap Navigasi Internasional Menurut Hukum Internasional, Hanna Adistyana Hefni

Jurnal Hukum & Pembangunan

Along with the times, the types and methods of exploration and exploitation of the seaare also experiencing developments, such as oil and gas drilling offshore and the construction of offshore installations to smooth the process of oil andgas exploitation and production. The emergence of other objects besides ships in the waters certainlybecomes a problem for international navigation activities which have long been the activities of nations since ancient times. Therefore this paper discusses the rights and obligations of the countries that have offshore installations to international navigation according to international law. The method used in this paper is a normative …

Peranan Perusahaan Penjaminan Dalam Mengatasi Permasalahan Umkm Mengakses Kredit Di Sektor Perbankan (Setelah Berlakunya Undang-Undang Nomor 1 Tahun 2016 Tentang Penjaminan), Luh Putu Prema Shanti Putri Saraswati

Jurnal Hukum & Pembangunan

Micro, Small and Medium Enterprises (MSMEs) have an important role in the development of the Indonesian economy.So far, MSMEs are still faced with various kinds of obstacles,one of which is that MSMEs still face problems related to limited access to funding to financial institutions.Limited access to funding to financial institutions is partly due to the limited assets owned by MSMEs to be used as collateral for bank loans.Guarantee is theactivity of providing guarantees by the Guarantor for the fulfillment of Guaranteed financialobligations to the Recipient of the Guarantee.Guarantee Company is a legal entity engaged in finance with the main business …