Criminal Law Commons^™

Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania

Northwestern University Law Review

The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a much higher rate than the states—more than 60% of U.S. citizen-defendants were detained pending trial by federal courts last year. But federal defendants virtually never fail to appear in court, and they are rarely arrested for new crimes while on pretrial release. And unlike state court systems, cash bail is …

Mediation As An Adversarial Criminal Resolution Method A Comparative Analysis, Anwar Mohamed Al Massaada, Bashher Zaghlool Zaghlool

UAEU Law Journal

Criminal Mediation is a modern legal system that aims to solve criminal disputes through nontraditional means. Such a system can help in avoiding the regular adjudication of crimes via courts. This system was initially applied in Canada in 1974, then in the United States in 1978. Later on, it started to be implemented in nearly all European countries. This system is based on the idea of solving criminal disputes away from the court's process, but at the same time under its supervision. This operation is assigned to a mediator who meets both parties in order to reach an agreement between …

Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari

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

No abstract provided.

Understanding Disrespectful Behavior Through A Gendered Lens: Race And Power In A Women’S Prison, Timbre Wulf, Rebecca Trammell

Qualitative Criminology (QC)

"Seventy-four incarcerated women in a Midwestern prison were interviewed to explore their experience with disrespect between inmates and staff in a prison setting. Nonwhite women experienced disrespect and conflict differently than their white peers. While the women generally described disrespect as staff members expressing their power inappropriately, non-white women were quick to describe disrespect as tied to racist behaviors. Further, African-American women in our study were more likely to believe that few people, inmates or employees, show respect to others on a regular basis in prison. White women tend to be more positive in their evaluations of interactions with staff …

The Politics Of Being An "Expert": A Critical Realist Auto-Ethnography Of Drug Policy Advisory Panels In The Uk, Alex Stevens

Qualitative Criminology (QC)

"The work of ‘experts’ with policy advisory panels plays an important part in the making of illicit drug and other policies. This article explores what is involved in this work. It uses critical realist auto-ethnography of the author’s experience over five years of working with the UK’s Advisory Council on the Misuse of Drugs and the House of Commons Health and Social Care Committee. It analyses: how some people become recognised as a ‘suitable’ expert through relational networks of esteem, while others are excluded; how bureaucratic processes and scientific modes of discourse select some types of information rather than others …

Happy Slapping Criminal Liability, Fatiha Mohammed Gourari

UAEU Law Journal

This research deals with criminal liability resulting from ‘happy slapping’ crimes. It looks at unprecedented mobile phone crimes which are based on assaulting the victim physically or sexually and filming the attacks and then publishing them for the sake of humorous enjoyment. The study is divided into two chapters. The first one deals with how sufficient are traditional incrimination descriptions in determining ‘happy slapping’ punishment while the second chapter deals with ‘happy slapping’ incrimination under special provisions of law. The study focuses on the French law which introduced an 'anti-happy-slapping' clause in its efforts to prevent delinquency. The study ends …

Individual Criminal Liability According To The Rules Of International Law, Safawan Maqsood

UAEU Law Journal

The principle of individual criminal liability has been recognized by International Law since the Versailles Conference1919. However, this principle became only effective through the Nuremburg and Tokyo International Criminal Tribunals.. The present study discusses the International individual criminal liability which is , now, a major and an undisputed concept of international criminal and a main means to repress international crimes .It further casts light on international crimes which have increased in the last decade of the 20^th Century

National Legislation In International Cross-Border Crimes, Rana Aloutor

UAEU Law Journal

In order to combat international crimes, often international cross-border crimes, and to face the proliferation of organized crimes, States cooperate among themselves by signing and ratifying international conventions. Although international conventions have certain legal force, they are not enough by themselves to fight international crimes; they need to be enforced by national legislation, which is one of the most important aspects of a state's sovereignty over its territory. The issues of criminalization and punishment are matters of legislative interference; therefore, if international conventions are the indirect forms of criminalization and punishment of international crimes, the national laws are the direct …

Criminal Liability For Engineers Under Kentucky's Surface Mining Laws, Marco M. Rajkovich

Journal of Natural Resources & Environmental Law

No abstract provided.

The Post-Conviction Claim That Unites Death Row, Emily Levy

Arkansas Law Review

“. . . [D]eath-penalty cases are different from other criminal cases, due to the obvious finality of the punishment.” Thirty-one executions have taken place in Arkansas since 1990. In February of 2017, Arkansas, uniquely, sought to execute eight inmates in eleven days—the so-called “Arkansas Eight.” All of those death row inmates shared a common postconviction claim: Strickland. Prior to Strickland v. Washington, no Supreme Court jurisprudence made clear what constituted objectively sufficient defense representation pursuant to the Sixth Amendment. But that changed in 1984 when Strickland made clear that the Sixth Amendment included the right of effective assistance of counsel.

The Presumption Of Conviction In Criminal Legislation: A Comparative Study, Mohamad Nawaf Alfawareh

UAEU Law Journal

It is known that the accused is innocent until proven guilty by a final judicial decision providing that the claimant submits evidence that he/she is innocent. The above comes as a result of the presumption of the innocence principle that is applicable in most international and national laws. However, the former principle is not absolute; the comparative criminal legislation created an exception to this principle which is designed to exchange roles and make some of the burden of proving the facts rest with the defendant, in the sense that the accused is convicted until he proves his/her innocence and this …

The Role Of Law In The Legalization Of Criminality, Rana Aloutor

UAEU Law Journal

It is understood that criminal law is based on the principle of legality; the law determines the criminalization and punishment. The question arises: can law play a role in allowing criminality? What is that role? This research is to address this topic and answer the question within the scientific method depends on a comparative study between a number of criminal legislations in the Arab world and French law then indicate the reasons for private and public justification. The law has taken a very large meaning in the decriminalization of offences and their justification. This meant that the double concept of …

Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’Amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat

UAEU Law Journal

According to the Jordanian Procedural Criminal Code No 19 year 2009, several conditions are required for legal detention. These include interrogation of the suspect after the commission of a felony or a misdemeanor, the existence of material evidence which ties the suspect to the alleged crime. And for the purpose of exploring such conditions, the paper is divided into two sections. In the first section, the conditions relating to the interrogation and evidence are dealt with, and the second section explores the conditions concerning the type of crime. Concerning the criminal interrogation, it was shown that such procedure is not …

Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag

Faculty Scholarship

No abstract provided.

Human Trafficking Crimes: A Comparative Study Between The Uae And Kuwaiti Laws, Dr. Emadeldin Mohamed Kammel Abdulhamed

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

This research dealt with the topic of human trafficking crimes: A comparative study between the UAE and Kuwaiti laws on combating human trafficking. The importance of the research topic appears in explaining how the material and moral elements of human trafficking crimes are committed in light of modern scientific and technological progress, and by organized crime gangs, and in explaining the punitive policy adopted by both the UAE and Kuwaiti legislators to confront and combat the commission of these crimes, in light of the evolving global climate. The method of studying the topic of this research was the comparative analytical …

Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

In this article we describe pornography’s harms in Japan, which are known about from surveys and research, and from the outreach and consulting activities of Japanese feminist-abolitionist groups. Among these are the Anti-Pornography and Prostitution Research Group (APP) and People Against Pornography and Sexual Violence (PAPS). We then propose a renewed classification scheme for pornography’s harms that centrally considers the experiences of victims in Japan. Lastly, we consider various legal approaches to addressing the myriad harms we describe and suggest possibilities for a new legal strategy. The article’s research comes from Japanese-language materials produced by the above-mentioned activist groups, as …

Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …

Violent Videos: Criminal Defense In A Digital Age, Amy Kimpel

Georgia State University Law Review

Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases. This Article explores the impact on defense attorneys of reviewing this avalanche of digital evidence. The author posits that the outsized role of digital evidence in criminal cases is taking a toll on defense attorneys in general—and public defenders in particular—resulting in increased burnout and secondary trauma.

This Article includes results …

My Cash Is My Bond: Recognizing Rights To Cash Bail Forfeiture Exoneration In Washington, Olivia Hagel

Washington Law Review

When criminal defendants fail to appear for a court date after they are released on a bail bond or cash bail, Washington courts will likely forfeit their bail. And when the defendant reappears—whether a day, a month, or a year later—that same court might return, or “exonerate,” the bail bond or cash bail.

But Washington does not treat cash bail and bail bonds similarly in the context of forfeiture exoneration. Commercial bail bond agents enjoy robust statutory and judicial avenues for the return of their forfeited bail bonds. A little over one-hundred years ago, the Supreme Court of Washington treated …

The Beginning Of The End: Abolishing Capital Punishment In Virginia, Alexandra L. Klein

Washington and Lee Law Review Online

When thinking about the history of capital punishment in the United States, I suspect that the average person is likely to identify Texas as the state that has played the most significant role in the death penalty. The state of Texas has killed more than five hundred people in executions since the Supreme Court approved of states’ modified capital punishment schemes in 1976. By contrast, Virginia has executed 113 people since 1976.

But Virginia has played a significant role in the history of capital punishment. After all, the first recorded execution in Colonial America took place in 1608 at Jamestown, …

What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow

Articles

Classic crimes like theft and assault are in the first instance wrongs against individuals, not against the state or the polity that it represents. Yet our legal system denies crime victims the right to initiate or intervene in the criminal process, relegating them to the roles of witness or bystander—even as the system treats prosecution as an institutional analog of the interpersonal processes of moral blame and accountability, which give pride of place to those most directly wronged. Public prosecution reigns supreme, with the state claiming primary and exclusive moral standing to call offenders to account for their wrongs. Although …

The Use Of Hearsay In Criminal Proceedings: An Updated Framework, Siyuan Chen, Wen Min Chai, Yi Hang Lau

Research Collection Yong Pung How School Of Law

When the Evidence Act was amended in 2012, significant changes were made to the provisions concerning hearsay to broaden the gateways of admissibility.

The Opioid Doctors: Is Losing Your License A Sufficient Penalty For Dealing Drugs?, Adam M. Gershowitz

Faculty Publications

Imagine that a medical board revokes a doctor's license both because he has been peddling thousands of pills of opioids and also because he was caught with a few grams of cocaine. The doctor is a family physician, not a pain management specialist. Yet, during a one-year period he wrote more than 4,000 prescriptions for opioids--roughly eighteen scripts per day. Patients came from multiple states and from hundreds of miles away to get oxycodone prescriptions. And the doctor prescribed large quantities of opioids--up to 240 pills per month--to patients with no record of previously needing narcotic painkillers. Both federal and …

The Right To Counsel At The Stage Of Preliminary Investigation; A Comparative Study, Saif Ibrahim Al-Masarweh

UAEU Law Journal

The right to counsel is regarded as a constituent of the right to fair trial since it plays a crucial role in assisting the defendant to prove his innocence and expose the truth. Although the right to have the assistance of counsel at the trial stage has been constitutionally recognized in most countries, it is still uncertain whether or not the person, who is suspected of, investigated for or accused of a crime has the right to be assisted by counsel during the preliminary investigation stage. As such, this study aims to shed light on the right to assistance of …

Penalty For Public Benefit In The Algerian Legislation, Bassim Shehab

UAEU Law Journal

The work for public benefit is one of the alternative systems of punishment which is adopted by some legislation, including the Algerian legislator by Act. No 01-09 issued on 25/02/2009 amending the penal code, and this system which is called by the Algerian legislature “penalty", represents an important turning point in punitive policy, as for the first time the work is done by sentencing. This system has many of advantages particularly with regard to the alleviation of the problems of penal institutions. Furthermore, it provides more funds and efforts. The application of penalty “work for public benefit " cannot be …

Proof Of Crime: Scientific Evidence, Mutaasim Khamis Mushaasha

UAEU Law Journal

It is not possible to deny the effects of scientific and technological developments on the penal law, in particular when it comes to the criminal proof theory. The principle of freedom of proof, which is the essential foundation of this theory, allows the use of broad scientific evidence in the penal proof. However, such use also represents a significant challenge when the result of the prejudice of some procedural principles guarantees a fair trial. The balance between the interests of society in the fight against crime and the interests of the individual to have the fundamental rights to be protected …

Criminal Responsibility Of The Doctor: Critical Assessment Study Of The Rules Of Public And Private In Both The Jordanian And Uae Laws, Moayyad Mohamed Al Qudat, Mamun Mohamed Abu Zaytoun

UAEU Law Journal

There is no special law regulating criminal liability of doctors in Jordan, and therefore such liability is governed by the general rules as stated in the Jordanian Penal Code 1960 No 16 (JPC), which apply to all types of offenders regardless of their professions. As the nature of medical professions and practices entails the enactment of a special law setting the relevant legal rules by which doctors criminal liability should be governed, this paper seeks to provide an evaluative, critical and comparative study of the current laws of Jordan and United Arab Emirates (UAE) on this issue. Central to the …

The Criminal Protection Of Professional Secrets; A Comparative Analysis Of The Uae Federal Penal Code And The Egyptian Penal Code., Ahmed Farooq Zaher

UAEU Law Journal

As a principle, confidentiality is a duty provided by rules of public morality and required by the principles of honesty and integrity. Disclosure of a confidential act is totally refused by the rules of ethical conduct. However, the legislature did not criminalize all cases of disclosure. In fact, the legislature only criminalizes the disclosure of the secrets which were deposited with the professions they assume their customers having to deposit their secrets to them. In addition, there is a link between the secret and practice of the profession, i.e., professional secret. Through the study of comparative analysis of the UAE …

Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel

Duke Law & Technology Review

The 9/11 terrorist attacks brought on financial losses that caused insurers and Congress to reevaluate how the United States approaches terrorism risk coverage. Congress quelled concerns of insurers evading coverage of future terrorist attacks by enacting the Terrorism Risk Insurance Act in 2002. This Note considers the difficulties presented by the out-of-date language employed by Congress in 2002 and proposes amendments so that the Act more clearly covers acts of cyberterrorism, which are ever-growing in their destructive potential.