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Articles 5431 - 5460 of 27587

Full-Text Articles in Criminal Law

Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent Aug 2019

Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent

Criminology Student Work

This analysis is concerned with understanding the facets of criminal justice diversion programs that successfully improve the mental wellbeing of participants and, as a subsequent effect, reduce offending amongst the mentally ill populous in the United States. An inquiry of pre-program and post-program data from both adult and juvenile mental health specific programs reveals that participation amongst both groups shows a meaningful reduction in new/repeat offending in comparison to non-participants. The data shows that the expansion of law enforcement Crisis Intervention Team’s (CIT’s) has a compounding effect to the positive results. A review of these programs in Australia indicates that …

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Response To 'Reverse Al Capone-Ism' And The Tax Treatment Of Marijuana Businesses, Douglas A. Kahn, Howard J. Bromberg Aug 2019

Response To 'Reverse Al Capone-Ism' And The Tax Treatment Of Marijuana Businesses, Douglas A. Kahn, Howard J. Bromberg

Other Publications

Mr. Silverberg’s comment stresses that the proponents of the legalization of marijuana have not been able to convince Congress to legalize it, and so it is appropriate for Congress to penalize trafficking in that drug. Apparently, he sees our contention that the penalty adopted in I.R.C. § 280E is irrational and contravenes established punitive jurisprudence as a backdoor attempt to accomplish indirectly, by weakening the penalties on the marijuana businesses, what has not been able to be accomplished by those seeking its federal legalization. That was not the motive for our proposal and is not a fair reading of our …

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Response To Dude, Where's My Deduction?, Douglas A. Kahn, Howard J. Bromberg Aug 2019

Response To Dude, Where's My Deduction?, Douglas A. Kahn, Howard J. Bromberg

Other Publications

Mr. Pullin’s thesis is that marijuana should be excluded from § 280E when it is operated legally under state law. However, his preferred solution is that the federal government remove marijuana from Schedules I and II of the Controlled Substances Act of 1970 (CSA), thereby legalizing it for federal law purposes. Either action would exclude the marijuana business from § 280E.

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Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark Aug 2019

Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark

Maine Law Review

Access to counsel for criminal defendants is a continuing challenge in rural localities, notwithstanding the mandates of Sixth Amendment jurisprudence. In this Article, we first review the state of the law on access to counsel in criminal cases, noting the latitude allowed to state and local governments in their policy decisions. We then examine empirical approaches to measuring access to counsel and describe in detail both the law and the data on this issue from the state of Texas. We present exploratory analyses of those data comparing rural and urban places for various aspects of access to counsel, including rules …

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Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero Aug 2019

Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero

Maine Law Review

Rural areas throughout the country, including those in Maine, are beginning to navigate the challenges and benefits of burgeoning communities of color. District Attorneys’ offices in the state, however, have done little to prepare for this major demographic shift. Maine district attorneys must expand their understanding of their duties to do justice and assure access to justice by better serving rural Mainers of color. While a number of scholars have focused on the legal challenges communities of color face in urban environments as well as those faced by what have been presumed to be White communities in rural areas, this …

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Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird Aug 2019

Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird

Brigham Young University Journal of Public Law

No abstract provided.

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Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans Aug 2019

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

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“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster Aug 2019

“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster

Seattle Journal for Social Justice

No abstract provided.

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Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes Aug 2019

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …

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Deferred Prosecution Agreements In Singapore: What Is The Appropriate Standard For Judicial Approval, Eunice Chua, Benedict Wei Qi Chan Aug 2019

Deferred Prosecution Agreements In Singapore: What Is The Appropriate Standard For Judicial Approval, Eunice Chua, Benedict Wei Qi Chan

Research Collection Yong Pung How School Of Law

Originating from the US, deferred prosecution agreements (“DPAs”) have made their way to the UK through the Crime and Courts Act 2013 and Singapore through the Criminal Justice Reform Act 2018. The Singapore model for approval of DPAs draws heavily from the UK and both require proof to a court that DPAs are in the “interests of justice” and that their terms are “fair, reasonable and proportionate” before DPAs can be approved. This paper considers the theoretical basis for the court’s approval of DPAs, critically examines the application of the tests for approval of DPAs in the UK and considers …

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We The People: These United Divided States, Catherine Powell Aug 2019

We The People: These United Divided States, Catherine Powell

Cardozo Law Review

In the wake of President Trump's announcement that he will withdraw the United States from the 2015 Paris Agreement on climate change, then-California Governor Jerry Brown called on the President to fight climate change or to "get out of the way" while the rest of the world works to reduce emissions and invest in clean energy. Similarly, former New York City Mayor Michael Bloomberg-now a United Nations (U.N.) Special Envoy for Cities and Climate Change-said, "If Washington won't lead, then mayors and governors will." Indeed, Trump's threat to withdraw has not only been met with widespread criticism and derision abroad …

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Arthur Jacobson And The Normativity Of Jewish Law, Uriel Procaccia Aug 2019

Arthur Jacobson And The Normativity Of Jewish Law, Uriel Procaccia

Cardozo Law Review

Arthur Jacobson has been for several decades a leading expert in contract law; he was recruited to edit the supplement of the most respected treatise on the subject, Corbin on Contracts, and has shared his expertise, to great acclaim, with generations of colleagues and students. His interest in Jewish Law, on the other hand, is of a more recent vintage. But it appears that since this recent calling took a grip on his mind it captured his intellectual curiosity to the point of dominating the rich array of his other inquisitive interests with the sole exception, perhaps, of his …

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Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule, John Austin Morales Aug 2019

Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule, John Austin Morales

St. Mary's Law Journal

The Sixth Amendment safeguards an accused in criminal proceedings and affords them “the right to a speedy and public trial, by an impartial jury.” Consistent with this right, the no-impeachment rule prohibits a juror from testifying after a verdict has been handed down about the jurors’ deliberations. While there are limited exceptions to the no-impeachment rule, juror expressed racial bias is not one of them. When presented with the dilemma of a juror using racial bias in deliberations, courts must weigh two competing doctrines that serve as the foundation to our judicial system: (1) affording a defendant his or her …

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Due Process Supreme Court Appellate Division Jul 2019

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

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Due Process Pringle V. Wolfe (Decided 28, 1996) Jul 2019

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.

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Due Process People V. Scott (Decided June 5, 1996) Jul 2019

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.

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Due Process Court Of Appeals Jul 2019

Due Process Court Of Appeals

Touro Law Review

No abstract provided.

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Supreme Court Queens County Jul 2019

Supreme Court Queens County

Touro Law Review

No abstract provided.

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Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.

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Double Jeopardy Supreme Court Appellate Division Second Department Jul 2019

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

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Devil Take The Hindmost: Reform Considerations For States With A Constitutional Right To Bail, Jordan Gross Jul 2019

Devil Take The Hindmost: Reform Considerations For States With A Constitutional Right To Bail, Jordan Gross

Akron Law Review

There is no federal constitutional right to bail. This means the question of who is bailable in state court is left entirely to state law. Most original state constitutions guaranteed that “all persons shall be bailable by sufficient sureties,” except those charged with a narrow category of serious offenses (typically capital crimes). This traditional right to bail is categorical – if an accused is charged with a bailable offense, the trial court must set bail, and it must release the accused if he, or someone on his behalf, posts bail. The trial court can impose conditions of release, including requiring …

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Anger From Within: The Role Of Emotions In Disengagement From Violent Extremism, Pete Simi, Steven Windisch, Daniel Harris, Gina Ligon Jul 2019

Anger From Within: The Role Of Emotions In Disengagement From Violent Extremism, Pete Simi, Steven Windisch, Daniel Harris, Gina Ligon

Qualitative Criminology (QC)

"There is growing recognition about the similarities between generic criminality and violent extremism. Using data derived from a unique set of in-depth life history interviews with 40 former U.S. white supremacists, as well as previous studies of criminal desistance, we examine the emotional valence that characterizes actors' descriptions of the disengagement process. More specifically, results suggest that negative emotions (i.e., anger and frustration) directed toward the extremist group and oneself function as a catalyst for disengagement. Negative emotions become a source of motivation in re-evaluating the relative importance of the group as it relates to the individual. Ultimately, the reevaluation …

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Definitions Favorable To Terrorism? Sssl And Radicalization: A Case Study Approach, Jennifer Varriale Carson, Patrick Andres James Jul 2019

Definitions Favorable To Terrorism? Sssl And Radicalization: A Case Study Approach, Jennifer Varriale Carson, Patrick Andres James

Qualitative Criminology (QC)

"Although social structure and social learning (SSSL) theory has oft been proposed as a general theory of crime, it has rarely been applied to that which qualifies as ideologically-motivated. We seek to rectify this notable gap in the research by examining the suitability of an SSSL framework to radicalization; an understudied, yet vital process to enacting evidence-based counterterrorism efforts. Utilizing a “most likely” case study approach, we find several themes consistent with SSSL principles, primarily within its social learning constructs. We conclude that SSSL does indeed offer promise for explaining all forms of crime including acts of terrorism."

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Introduction To The Special Issue On Terrorism, Thomas J. Holt Jul 2019

Introduction To The Special Issue On Terrorism, Thomas J. Holt

Qualitative Criminology (QC)

"As noted by several scholars, there has been a massive growth in research related to terror and extremism in the wake of the 9/11 attacks in the United States. Federal agencies have invested millions of dollars in funding to understand violent extremism, particularly through the use of quantitative assessments of behavior. As a result, there are several widely recognized databases of terror and extremist violence against targets in the US and abroad."

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The Emergence Of Violent Narratives In The Life-Course Trajectories Of Online Forum Participants, Philippa Levey, Martin Bouchard Jul 2019

The Emergence Of Violent Narratives In The Life-Course Trajectories Of Online Forum Participants, Philippa Levey, Martin Bouchard

Qualitative Criminology (QC)

"Online discussion forums have been identified as an online social milieu that may facilitate the radicalization process, or the development of violent narratives for a minority of participants, notably youth. Yet, very little is known on the nature of the conversations youth have online, the emotions they convey, and whether or how the sentiments expressed in online narratives may change over time. Using Life Course Theory (LCT) and General Strain Theory (GST) as theoretical guidance, this article seeks to address the development of negative emotions in an online context, specifically whether certain turning points (such as entry into adulthood) are …

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A Mixed Method Examination Of Law Enforcement Investigatory Strategies Used In Jihadi And Far-Right Foiled Terrorist Plots Before And After 9/11, Brent R. Klein, Jeff Gruenewald, Steven M. Chermak, Joshua D. Freilich Jul 2019

A Mixed Method Examination Of Law Enforcement Investigatory Strategies Used In Jihadi And Far-Right Foiled Terrorist Plots Before And After 9/11, Brent R. Klein, Jeff Gruenewald, Steven M. Chermak, Joshua D. Freilich

Qualitative Criminology (QC)

"Empirical research on the law enforcement strategies used to prevent terrorism has increased since the September 11, 2001 terrorist attacks. Yet, few studies have examined how these preventative approaches vary based on terrorists’ ideological affiliations and across time. This study thus explores the similarities and differences in law enforcement investigatory strategies used to thwart global jihadi and farright terrorist violence prior to and since the 9/11 terrorism events. Employing a convergent parallel mixed method research design, our study analyzes both quantitative and qualitative data on 86 terrorism enterprise investigations from the U.S. Extremist Crime Database (ECDB). The quantitative data analyses …

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Canada's Assisted Human Reproduction Act: Pragmatic Reforms In Support Of Research, Tania M. Bubela, Erika Kleiderman, Zubin Master, Ubaka Ogbogu, Vardit Ravitsky, Amy Zarzeczny, Bartha Maria Knoppers Jul 2019

Canada's Assisted Human Reproduction Act: Pragmatic Reforms In Support Of Research, Tania M. Bubela, Erika Kleiderman, Zubin Master, Ubaka Ogbogu, Vardit Ravitsky, Amy Zarzeczny, Bartha Maria Knoppers

Office of the Provost

Canada's Assisted Human Reproduction Act is long overdue for Parliamentary review. We argue that the current regulation of research using human reproductive materials is not proportionate, not responsive to the uncertain threats posed to human and environmental health and safety, and is not considerate of diverse values in a democratic society. We propose tailored regulatory carve-outs for in vitro research for currently prohibited activities, such as gene editing, and for the exercise of Ministerial Discretion for access by Canadians to experimental in vivo interventions that are currently prohibited, such as mitochondrial replacement therapy. Our recommendations are bounded by constitutional constraints …

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Recent Developments, Raelynn J. Hillhouse Jul 2019

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.

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Domestic Violence Convictions And Firearms Possession: The Law As It Stands And As It Moves, Kate E. Britt Jul 2019

Domestic Violence Convictions And Firearms Possession: The Law As It Stands And As It Moves, Kate E. Britt

Law Librarian Scholarship

Legislatures have attempted to curb instances of gun use in fatal and nonfatal domestic violence by passing statutes restricting possession of firearms for perpetrators of domestic violence. This article explains federal and Michigan law as it stands and discusses current efforts to further limit perpetrators’ access to firearms.

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Supermajoritarian Criminal Justice, Aliza Plener Cover Jul 2019

Supermajoritarian Criminal Justice, Aliza Plener Cover

Articles

Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms …

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