Criminal Law Commons^™

Three Observations About The Worst Of The Worst, Virginia-Style, Corinna Barrett Lain

Washington and Lee Law Review Online

Much could be said about Virginia’s historic decision to repeal the death penalty, and Professor Klein’s essay provides a wonderful starting point for any number of important discussions. We could talk about how the decision came to be. Or why the move is so momentous. Or what considerations were particularly important in the decision‑making process. Or where we should go from here. But in this brief comment, I’ll be focusing not on the how, or the why, or the what, or the where, but rather on the who. Who are condemned inmates, both generally and Virginia‑style?

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle

Master’s Theses and Projects

United States military veterans are a special population of men and women that have willingly sacrificed their lives to serve their country. They are perceived to be patriotic, honorable, strong, and disciplined people. Unfortunately, veterans are not exempt from committing criminal acts that land them in the criminal justice system. In fact, veterans are highly susceptible to developing mental illnesses and substance use disorders which can ultimately lead to criminal behavior. The purpose of this study was to examine to what extent available resources are provided to veterans to help them prevent contact with the criminal justice system. This study …

The Importance Of The Relationship Between Domestic Violence Victims And Their Pets, Emily Ryan

Master’s Theses and Projects

The purpose of this thesis is to explore the relationship between domestic violence and animal abuse with the goal of adding to the literature in this area. This study collected data from domestic violence and homeless shelters across the United States by sending a questionnaire via email. Two themes emerged based on the questionnaire responses, first, shelters reported that victims disclosed their fear of leaving an abusive situation due to abuse or threat of abuse to a family pet. And second, shelters indicated that they are unable to accommodate pets due to either, health and safety reasons, or financial difficulties. …

A Dual System Of Justice: Financial Institutions And White-Collar Criminal Enforcement, Sebastian Bellm

Notre Dame Law Review

Proposing more severe punishment for white-collar criminals is not a new concept. While many argue for the increased prison time of white-collar offenders, others provide “a counter-perspective on the use of prison sentences.” Other areas of academic publication support the convergence of sentencing guidelines for white-collar and drug-related criminals, particularly in light of utilitarian and retributivist principles. Rather than simply recommending that white-collar criminals should be punished more, this Note proposes two distinct structural solutions that reevaluate the current policies directing the punishment of white-collar criminal conduct. Specifically, this Note argues that the Department of Justice (DOJ) should reconsider the …

Judicial Autonomy V. Executive Authority: Which Prevails In The Case Of A Postcommutation Collateral Attack?, Vincent A. Marrazzo

Notre Dame Law Review

An inmate with a commuted sentence will sometimes collaterally attack his already commuted sentence. This raises the question: Does an act of executive clemency divest the courts of authority to hear the collateral attack? In other words, does clemency moot the issues involved in the collateral attack? While multiple circuit courts have weighed in on this question, the Fourth and Sixth Circuits have developed the most robust discussions, disagreeing about whether federal courts may hear these cases. The Fourth Circuit has held that a collateral attack postcommutation is moot as the “President’s commutation order simply closes the judicial door.” In …

Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross

Faculty Scholarship

No abstract provided.

Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang

Child and Family Law Journal

No abstract provided.

Measuring The Effectiveness Of The Proposal To Divest Military Commanders Of Disposition Authority For Sexual Assault Cases: A Comparative Quantitative Analysis, Brian L. Cox

Cornell Law Faculty Working Papers

As suggestions to modify the practice of the U.S. military justice system return to the fore of American political discourse, the perennial proposal to divest commanders of authority to convene courts-martial to adjudicate allegations of sexual assault is once again at the center of the debate. While reformists are adamant that the suggested revision would support efforts to end what has been characterized as an “epidemic of rape” in the U.S. military, the precise connection between the “reform” and the desired improved outcomes remains tenuous. An assessment of jurisdictions that have already divested commanders of such authority could provide persuasive …

Making The Murderer’S Voyeurs: The Influence Of Violent Crime Exposure, Social Movements, And Desensitization On Georgia’S Treatment Of The Death Penalty, Sarah J. Foster

Mercer Law Review

The clock slowly ticks to 8:00 p.m. Popcorn in hand, he plops down in front of the television and quickly flips on “Criminal Minds”. He shoves in a kernel of popcorn as the show sets our scene. The clock slowly ticks to 11:45 p.m. A firm hand escorts a woman dressed in a bright orange jumpsuit into a small, sterile room. Only a large pane of glass separates her from the somber faces of witnesses, friends, and family. They whisper among each other and take their seats in the theater-like arrangement. Coarse straps are tightly pulled around her arms—he pops …

Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian

Loyola of Los Angeles Law Review

No abstract provided.

Feminist Scripts For Punishment, India Thusi

Articles by Maurer Faculty

Review of:

THE FEMINIST WAR ON CRIME: THE UNEXPECTED ROLE OF WOMEN’S LIBERATION IN MASS INCARCERATION. By Aya Gruber. Oakland, C.A.: University of California Press. 2020. Pp. xii, 288. $29.95.

The Veil (Or Helmet) Of Ignorance: A Rawlsian Thought Experiment About A Military’S Criminal Law, Dan Maurer

University of Richmond Law Review

This Article loosely adapts political philosopher John Rawls’s famous social contract thought experiment to interrogate a corner of law that receives too little theoretical attention: the separate federal code at the intersection of criminal law and national security that regulates both martial and non-martial conduct of millions of citizens, invests judicial responsibility and prosecutorial authority in nonlawyer commanding officers, operates with no territorial limitations, and pulls even certain retirees within its jurisdiction: the Uniform Code of Military Justice. Employing the perspectives of four “idealized” actors—Congress, a president, a Chairman of the Joint Chiefs of Staff, and a potential recruit—this “experiment” …

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …

If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll

Faculty Scholarship

This Essay explores the challenges of that representation and the false dichotomies it creates—dichotomies that carry tremendous burdens for stakeholders—from my perspective as a public defender. It is the only perspective I know, and so it is an incomplete story. I cannot tell the whole story of representation no matter how generous the word count or deadline. I do not know it. Nor can I tell my complete story of what it was to be a representative. But this is a start. My story is written in the first person and tries at once both to be personal and to …

Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire

Graduate Theses and Dissertations

Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.

Seeing Color: America's Judicial System, Elizabeth Poulin

Senior Honors Projects

In many eyes, it often seems as though being white in America is easy, or a privilege. Being white in America is considered a safety blanket, with an abundance of opportunities beneath it. Yet, how does a physical difference such as skin color manifest itself as privilege? Noticing color is not wrong, hateful, or oppressive. Even children notice color, and we define them as the ultimate innocence. But in fact, skin color is often a trigger. When the world has preconceived notions about people of color, an oppressive system designed to harm people who have never done anything to deserve …

Criminal Liability Of Covid-19 Carriers (Lebanon), Tarteel Turki Darwish

BAU Journal - Health and Wellbeing

Since the spread of COVID-19, all governments tried to cape with this international pandemic which was classified by the World Health Organization (WHO) on March, 11 as a pandemic. Lebanese ministry of health, recommended in a statement issued on 21.03.2020 the date of the beginning of COVID-19 spread, that all of individuals with a confirmed or probable COVID-19 be quarantined at home and those who don’t follow the preventive precautions will be legally punished. On 04.03.2020 the Lebanese ministry of health issued an announcement no. 42 about “defining COVID-19 cases which are classified as transmitted and infectious diseases cases which …

A Comparison Of Gender-Based Violence Laws In Canada: A Report For The National Action Plan On Gender-Based Violence Working Group On Responsive Legal And Justice Systems, Jennifer Koshan, Janet Mosher, Wanda Wiegers

Commissioned Reports, Studies and Public Policy Documents

This report undertakes a comparison of laws related to gender-based violence across Canada with a view to identifying promising practices. We use the definition of gender-based violence from the United Nations as our frame, analyzing laws relating to “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” While the UN definition includes both intimate partner violence and sexual violence, our focus is largely on violence in the …

Criministrative Law: Developments And Challenges In Indonesia, Nathalina Naibaho, Harkristuti Harkrisnowo, Suhariyono Ar, Andri Gunawan Wibisana

Indonesia Law Review

The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those sanctioned. This paper is questioning the gray area belonging to something in between criminal and administrative law and discussing the rule and the role of criminal law and administrative law in action when the later comprehend punitive …

Manning, Powell, And The Habitual Misunderstanding Of Addiction, Matt Dean

St. John's Law Review

(Excerpt)

Bryan Manning, a homeless resident of Roanoke, Virginia, has been arrested and prosecuted more than thirty times for drinking or possessing alcohol. Although alcohol is generally legal in Virginia, Mr. Manning was forbidden for many years to “possess” it, “consume” it, or “purchase” it. On at least one occasion, police arrested him merely for “smelling like alcohol.” On another occasion, he was arrested because he happened to be shopping in a Walmart where alcoholic beverages were sold. For decades, Virginia law permitted a state circuit court to issue a civil order declaring an individual to be “an habitual drunkard” …

Can A Person's "Slate" Ever Really Be "Cleaned"? The Modern-Day Implications Of Pennsylvania's Clean Slate Act, Kimberly E. Capuder

St. John's Law Review

(Exceprt)

In 2006, Khalia was arrested for a “low-level counterfeiting charge.” While Khalia was innocent and never convicted for the charged offense, she still had a criminal record. Because she was concerned that future employers would “view her as a thief,” she never applied to any of her dream jobs. But once Khalia’s arrest record was automatically sealed, she finally had enough confidence to send in a job application to a prestigious consulting firm, and was offered the position. Khalia believes that her newly sealed criminal record “means a future without judgment.” And this future without judgment was made possible …

Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich

Chicago-Kent Law Review

No abstract provided.

Introduction To Reviving The American Jury, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta

Chicago-Kent Law Review

No abstract provided.

How To Talk So Juries Will Listen, Janet Randall

Chicago-Kent Law Review

No abstract provided.

Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System, Matthew Bender

Villanova Law Review (1956 - )

No abstract provided.

Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The Center for the Human Rights of Children (CHRC), in collaboration with signatory organizations, submits this input in response to the call for submissions made by the Special Rapporteur’s Report on the Role of Organized Criminal Groups with regard to Contemporary Forms of Slavery to inform the forthcoming report to the 76th session of the General Assembly. This input will focus upon the role of organized criminal groups with regard to child labor trafficking (forced labor), and specifically, forced criminality as a form of forced labor.1 We provide input on cases both in the interior of the United States, and …

“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché

Qualitative Criminology (QC)

"We draw from literature on penal imaginaries to examine representations at fright nights and other staged cultural scenes from across Canada and the United States that reproduce justifications for imprisonment and punishment. Based on an analysis of online content and news coverage of fright nights organized at forts, sanitoria, psychiatric institutions/asylums, and segregated schools, we demonstrate that these displays mobilize stereotypes and shame to denigrate prisoners and naturalize imprisonment. Moreover, we show that these displays invoke health tropes concerning contagion to intensify fears regarding prisoners by portraying them as a threat to the social body, further rationalizing the existence of …