Criminal Law Commons^™

Addressing Abuse In Drug Cases: Violence As A Mitigating Factor In Safety Valve Sentencing, Samantha Louise Burton

Brigham Young University Prelaw Review

Our current criminal justice system does not adequately consider the effects of abuse on drug crime offenders during the process of determining their sentences. Despite the fact that abuse has very real scientifically corroborated effects on a defendant’s culpability, judges sometimes misinterpret how abuse suffered by (predominantly female) defendants affects their participation in a drug crime. Furthermore, the safety valve—a provision that allows downward departure on a sentence for low-level nonviolent drug offenders who meet certain conditions—does not account for abuse at all. This paper proposes adding a qualification to the safety valve that prompts judges to consult with mental …

The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh

Articles

No abstract provided.

The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa

Dickinson Law Review (2017-Present)

Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …

Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain

Dickinson Law Review (2017-Present)

The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose a redefinition that includes other miscarriages of justice: A wrongful conviction is a conviction or adjudication for someone who never should have been involved in the juvenile or criminal legal system in the first place. Although there are various miscarriages of justice that might appropriately be categorized under …

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Washington and Lee Law Review

Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform. Myths about …

Starvation: Building The Case For Prosecuting Starvation Crimes In Yemen, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley

Dickinson Law Review (2017-Present)

The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …

Pretrial Custody And Miranda, Kit Kinports

Washington and Lee Law Review

In two recent opinions, Maryland v. Shatzer and Howes v. Fields, the Supreme Court concluded that inmates serving prison sentences were not in custody for purposes of Miranda—in Shatzer’s case while he was living among the general prison population and in Fields’s case while he was undergoing police interrogation. The question addressed in this Article is one that has divided the lower courts in the wake of those two decisions: the impact of the Court’s rulings on the hundreds of thousands of pretrial detainees in this country, many of whom are poor, Black, and Brown. This Article maintains that …

"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin

Articles & Chapters

Bob Dylan wrote the song Hurricane to draw the public’s attention to the conviction of the boxer, Rubin “Hurricane” Carter, for a crime (multiple murders) which Carter did not commit. Dylan’s song – and its performance as a part of Dylan’s fabled Rolling Thunder Tour – brought significant public attention to this case (and the miscarriage of justice it reflected), and eventually led to the granting of federal habeas corpus (a decision affirmed by the Third Circuit) and the freeing of Carter from state prison in New Jersey. The song takes the listener from the facts of the crime, through …

Nebraska Press Association V. Stuart: A Synopsis And Archive For A First Amendment Landmark, Sydney Brun-Ozuna

Honors Program: Senior Projects (Public)

This project explores in depth the background, arguments, precedents, and impact of the First Amendment Supreme Court case, Nebraska Press Association v. Stuart. This project utilizes newspaper coverage of the trial that informed the case and the case’s journey to the United States Supreme Court, as well as files obtained from the chambers of multiple former U.S. Supreme Court justices, publicly available oral arguments made before the court, and the ultimate decision from the Supreme Court, to create a holistic image of this case. Given the importance of this case in securing the right of the press to report on …

Closing Reflections On The Contributions On The Scsl's Legal Legacy, Charles C. Jalloh

Articles

No abstract provided.

Policing Pregnancy Loss: Misuse Of Abuse Of A Corpse Laws, Monica Siwiec

Cardozo International & Comparative Law Review

The note examines the misuse of abuse of a corpse laws to criminalize pregnant persons for pregnancy loss, arguing that such prosecutions violate constitutional principles, including the void-for-vagueness doctrine and equal protection. These laws, originally designed to regulate corpse desecration and mistreatment, are increasingly being applied in ways that disproportionately target marginalized groups, particularly women of color. The analysis highlights how the broad and vague language of these statutes enables arbitrary enforcement, undermining legal clarity and perpetuating reproductive injustice.

Dignity, Freedom, And Digital Rights: Comparing American And European Approaches To Privacy, Virginia Kozemczak

Cardozo International & Comparative Law Review

The note examines the contrasting approaches of the United States and the European Union to digital privacy, emphasizing how the US prioritizes liberty while the EU focuses on dignity. It argues that US privacy law, particularly under the Fourth Amendment, struggles to adapt to technological advancements, as seen in cases like Carpenter v. United States. In contrast, the EU's framework, guided by Article 8 of the European Convention on Human Rights, offers more comprehensive protections by addressing the broader context of data collection and processing. The author suggests that the US could enhance its privacy protections by adopting elements …

Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman

Cardozo International & Comparative Law Review

The note critically examines the tactics used to reduce demand for commercial sex, focusing on the Nordic Model and its implementation in the U.S. It argues that while these tactics aim to deter buyers through shaming and criminalization, they raise ethical, legal, and practical concerns, particularly regarding police misconduct and the impact on marginalized communities. The analysis advocates for a shift toward education and rehabilitation over punitive measures to address the root causes of prostitution.

Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez

St. Mary's Law Journal

Abstract forthcoming.

Racial Disparities Inherent In America's Fragmented Parole System, Olinda Moyd

Scholarly Articles in Law Reviews & Journals

This global health crisis has proven to be an equal opportunity discloser, in that it has spotlighted the layers of inequities and racial disparities so engrained in America’s structural systems. Nowhere else is this more evident than in our criminal legal system, where justice is often austere for African Americans. The ghastly statistics of the number of people confined in jails and prisons do not fully capture the scope and extensive reach of those swept up in our legal system. It is estimated that about 4-5 million people are on community supervision, to include probation and parole, which far outnumber …

Preventive Justice: How Algorithms Parole Boards, And Limiting Retributivism Could End Mass Incarceration, Christopher Slobogin

Vanderbilt Law School Faculty Publications

A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would be put in jail prior to trial and in prison after conviction, the duration of sentences would be reduced for low-risk offenders, and treatment resources would be more efficiently allocated. As a result, the capital outlays for prisons and jails would be substantially reduced. The public would continue to be protected from the most dangerous individuals, while lower-risk individuals would be less subject to the criminogenic effects of …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Protecting The Children Of Indian Country: A Call To Expand Tribal Court Jurisdiction And Devote More Funding To Indian Child Safety, Adam Crepelle

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal framework governing Indian country, particularly the Supreme Court's decision in *Oliphant v. Suquamish Indian Tribe*, has failed to protect Indian women and children from violence, perpetuating a crisis of sexual assault, child abuse, and murder. It contends that affirming tribal sovereignty and expanding tribal jurisdiction over non-Indians are essential to addressing these issues and ensuring the safety and well-being of Indian children.

Changing The Way We See Modern Policing: Abolition Or Reform, Kathryn Miller, Marbré Stahly-Butts, Mecole Jordan-Mcbride, Kate Levine, Benjamin Tucker, Kumar Rao

Cardozo Journal of Equal Rights & Social Justice

The symposium examines the historical and systemic roots of mass incarceration in the United States, tracing its origins to the 13th Amendment, Black Codes, convict leasing, and the war on drugs. It critiques the prison industrial complex as a system of oppression rooted in racism, capitalism, and heteropatriarchy, and advocates for transformative reforms to dismantle policing and incarceration. The analysis emphasizes the need to move beyond superficial reforms and instead adopt abolitionist approaches that address the root causes of systemic violence and inequality.

Ketidakabsahan Pemindahan Hak Atas Saham Akibat Transaksi Menggunakan Cek Kosong (Studi Putusan Pengadilan Tinggi Dki Jakarta Register Perkara Nomor 51/Pdt/2019/Pt.Dki.), Lize Maydner

Indonesian Notary

This research discusses the implementation of the transfer of rights to shares in PT Permitra Parahyangan Prakasa, with a buying and selling mechanism that is paid using a cheque as the decision of the High Court of DKI Jakarta Register Case No. 51/PDT/2019/PT.DKI. The dispute occurred as a result of the use of cheque with an effective postponed date which was later proven in the trial to be a blank check, so that from the beginning at the time of the signing of the deed of sale can be ascertained there will never be an implementation of payment obligations on …

Keabsahan Akta Kuasa Yang Telah Dicabut Dalam Hal Hibah Saham Berdasarkan Putusan Pengadilan Negeri Lubuk Pakam Nomor 95/Pdt.G/2017/Pn.Lbp., Rachel Pinasti Satyawinedhar

Indonesian Notary

Penelitian ini membahas mengenai keabsahan akta kuasa yang telah dicabut dalam hal hibah saham berdasarkan putusan Pengadilan Negeri Lubuk Pakam No. 95/PDT.G/2017/PN.Lbp. Suatu pemberian kuasa yang diberikan dalam sebuah akta autentik memiliki kekuatan pembuktian sempurna. Berakhirnya suatu kuasa dapat terjadi karena penarikan kembali kuasa oleh pemberi kuasa atau disebut juga sebagai pencabutan kuasa yang diatur dalam pasal 1813-1819 KUHPerdata. Pencabutan kuasa pada hakikatnya dapat dilakukan oleh pemberi kuasa sewaktu-waktu secara sepihak. Namun pencabutan suatu kuasa yang dibuat dalam akta autentik pada hakikatnya tidak sah apabila dicabut dengan surat pencabutan kuasa yang dibuat dibawah tangan. Sering kita jumpai juga permasalahan dalam …

Akibat Hukum Pengalihan Objek Jaminan Fidusia Atas Nama Pasangan Dalam Perkawinan Sebagai Pemberi Fidusia Oleh Pasangan Lainnya (Studi Kasus Putusan Pengadilan Negeri Pekanbaru Nomor: 853/Pid.Sus/2019/Pn Pbr), Radhika Bagas Prabowo

Indonesian Notary

Pemberi fidusia dalam perjanjian pembiayaan konsumen dengan jaminan fidusia dilarang mengalihkan objek jaminan fidusia kepada pihak lain tanpa persetujuan dari penerima fidusia. Hal ini disebabkan dalam Undang-undang Nomor 42 tahun 1999 tentang Jaminan Fidusia (UU Fidusia) tercantum ketentuan mengenai larangan untuk mengalihkan objek jaminan fidusia tanpa persetujuan dari penerima fidusia. Penelitian ini membahas mengenai 1.akibat hukum pengalihan objek jaminan fidusia atas nama pasangan dalam perkawinan sebagai pemberi fidusia oleh pasangan lainnya, dan 2.perlindungan hukum bagi penerima fidusia akibat adanya pengalihan objek jaminan fidusia oleh pasangan perkawinan dari pemberi fidusia. Putusan pengadilan negeri Pekanbaru nomor: 853/Pid.sus/2019/Pn Pbr yang menjadi studi kasus …

Title, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Obstruction Of Justice: Redesigning The Shortcut, Ellen S. Podgor

BYU Law Review

When one looks to accomplish consistency and predictability in the criminal justice system — important goals tied to achieving deterrence — the architecture of obstruction of justice remains important. It is insufficient to suggest that we have consistency in sentencing by using federal sentencing guidelines, when the charging process is undermined by its failure to provide uniformity. Achieving a consistent charging framework for federal obstruction of justice needs to be individualized, remain true to the contextual setting, and provide consideration for the specific processes of a trial, sentencing, or impeachment. But it also needs to have a structure that is …

Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin

Jurnal Hukum & Pembangunan

The use of the term Makar as a translation of the word Aanslag in Indonesias CRIMINAL code currently triggers a variety of polemic because it has a lot of meaning, resulting in an ambiguity that causes no legal certainty to be guaranteed. Indonesias CRIMINAL code is currently in its case that it does not provide define and the limitations of Macar deeds so that the multitasking is still prone to occur. Addressing such a thing, it is necessary to reformulation the draft proceeding in the Penal Code in order to ensure the future legal certainty. The limitation of the performance …

Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana

Jurnal Hukum & Pembangunan

The vast condition of the Unitary Republic of Indonesia made Indonesia have several border areas stretching from Sabang to Merauke. Management of the countrys territories and border areas has been regulated in Law 43/2008 on State Territories. The National Border Management Agency (Badan Nasional Pengelola Perbatasan/BNPP) is the only institution tasked with managing border areas in Indonesia. The Minister of Home Affairs as the Head of BNPP leads and controls the implementation of the duties and functions of BNPP. In this study using Border Management Theory and Authority Theory. This research uses the normative legal research method which is the …

Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra

Jurnal Hukum & Pembangunan

As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic …

Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur

Jurnal Hukum & Pembangunan

The results of the Junior Indonesian Doctors Network (JDN) survey on August 1-30 2018 stated that 26.24 percent of doctors in Indonesias main workplaces were still paid under three million rupiah per month. Then, there are 8.89 percent of doctors who are even paid under one and a half million rupiah per month. Due to the low salaries earned, many doctors end up having to take additional work hours in several practice locations to increase their income. In fact, other studies say that working continuously for doctors increases the risk of malpractice and endangers patients. Low wages also make doctors …

Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar

Jurnal Hukum & Pembangunan

This article explores about social justice in peoples lives according to Karl Marxs prespective of the concept of social class. It also discusses Marxs concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marxs prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of …