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Articles 6721 - 6750 of 27295

Full-Text Articles in Criminal Law

The Bail Book: A Comprehensive Look At Bail In America's Criminal Justice System - Introduction, Shima Baughman Apr 2017

The Bail Book: A Comprehensive Look At Bail In America's Criminal Justice System - Introduction, Shima Baughman

Utah Law Faculty Scholarship

Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history …

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Stripping Agency From Top To Bottom: The Need For A Sentencing Guideline Safety Valve For Bottoms Prosecuted Under The Federal Sex Trafficking Statutes, Sarah Crocker Apr 2017

Stripping Agency From Top To Bottom: The Need For A Sentencing Guideline Safety Valve For Bottoms Prosecuted Under The Federal Sex Trafficking Statutes, Sarah Crocker

Northwestern University Law Review

In domestic sex trafficking, the trafficker often promotes a victim to the coveted position of “lead prostitute,” or “bottom.” Once in this position, the victim engages in acts for which she can be prosecuted under federal sex trafficking statutes that carry ten- and fifteen-year mandatory minimum sentences. To recognize bottoms’ victimization and resulting lack of genuine agency, this Note proposes a Sentencing Guideline safety valve provision. Creating a safety valve would provide sentencing judges with necessary discretion to impose sentences below statutory floors in appropriate cases.

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I Am Not Law Enforcement! Why The Special Needs Exception To The Fourth Amendment Should Apply To Caseworkers Investigating Allegations Of Child Abuse, Lauren Kobrick Apr 2017

I Am Not Law Enforcement! Why The Special Needs Exception To The Fourth Amendment Should Apply To Caseworkers Investigating Allegations Of Child Abuse, Lauren Kobrick

Cardozo Law Review

The note examines the application of the Fourth Amendment's special needs doctrine in child abuse investigations, advocating for the adoption of a primary purpose test to determine the doctrine's applicability. It critiques the inconsistent approaches across circuits and proposes this test to clarify when warrantless searches and seizures by caseworkers are constitutional, ensuring a balance between child protection and Fourth Amendment protections.

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A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne Apr 2017

A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne

South Carolina Law Review

No abstract provided.

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Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle Apr 2017

Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle

South Carolina Law Review

No abstract provided.

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Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein Apr 2017

Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein

South Carolina Law Review

No abstract provided.

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To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate Apr 2017

To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate

South Carolina Law Review

No abstract provided.

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Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins Apr 2017

Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff Apr 2017

Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff

Fordham Law Review

Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.

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Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas Apr 2017

Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas

Fordham Law Review

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …

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The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister Apr 2017

The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister

Fordham Law Review

In recent years, malevolent actors have seized upon a new tool to harass, silence, threaten, and injure people online: doxing—the malicious publication of personal identifying information like a home address. Although doxing is an online tool, it causes concrete and serious harm to victims by moving harassment from the Internet to the physical world. Congress and state legislatures have begun to address different forms of cyberharassment. However, no effective and consistent legal remedy for doxing currently exists. This Note examines and critiques current federal and state schemes, and it ultimately proposes that lower federal courts should adopt a new intent …

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Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff Apr 2017

Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff

Fordham Law Review

Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.

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Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas Apr 2017

Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas

Fordham Law Review

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …

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Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick Apr 2017

Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick

Fordham Law Review

Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.

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Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella Apr 2017

Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella

Cardozo Public Law, Policy & Ethics Journal

Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …

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The Intellectually Disabled Witness And The Requirement To Promise To Tell The Truth, Jonas-Sébastien Beaudry Apr 2017

The Intellectually Disabled Witness And The Requirement To Promise To Tell The Truth, Jonas-Sébastien Beaudry

Dalhousie Law Journal

Mentally disabled victims of sexual crimes may be prevented from acting as witnesses in a criminal trial if their mental capacity is challenged. They face an important obstacle to access justice if the case against their alleged aggressor mostly relies on their testimony In R. v. D.A.I., in 2012, the Supreme Court of Canada revisited the Canada Evidence Act's requirement of promising to tell the truth and lowered the previously ambiguous threshold of cognitive capacities required to satisfy this requirement. The Evidence Act has been amended in 2015 to reflect the Court's decision. While apparently facilitating people with mental disabilities' …

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The Fourth Amendment, Csli Tracking, And The Mosaic Theory, Christian Bennardo Apr 2017

The Fourth Amendment, Csli Tracking, And The Mosaic Theory, Christian Bennardo

Fordham Law Review

This Note explores the CSLI debate by analyzing the circuit courts’ decisions, scholars’ disagreement with those decisions, and the alternative approaches offered to protect and evaluate CSLI records. This Note concludes that warrantless CSLI monitoring should be analyzed under the “mosaic theory” of the Fourth Amendment. In support, it argues that this theory best addresses the concerns with CSLI tracking and proposes a standard that courts may use to apply it.

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The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister Apr 2017

The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister

Fordham Law Review

In recent years, malevolent actors have seized upon a new tool to harass, silence, threaten, and injure people online: doxing—the malicious publication of personal identifying information like a home address. Although doxing is an online tool, it causes concrete and serious harm to victims by moving harassment from the Internet to the physical world. Congress and state legislatures have begun to address different forms of cyberharassment. However, no effective and consistent legal remedy for doxing currently exists. This Note examines and critiques current federal and state schemes, and it ultimately proposes that lower federal courts should adopt a new intent …

Go to article

Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick Apr 2017

Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick

Fordham Law Review

Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.

Go to article

The Fourth Amendment, Csli Tracking, And The Mosaic Theory, Christian Bennardo Apr 2017

The Fourth Amendment, Csli Tracking, And The Mosaic Theory, Christian Bennardo

Fordham Law Review

This Note explores the CSLI debate by analyzing the circuit courts’ decisions, scholars’ disagreement with those decisions, and the alternative approaches offered to protect and evaluate CSLI records. This Note concludes that warrantless CSLI monitoring should be analyzed under the “mosaic theory” of the Fourth Amendment. In support, it argues that this theory best addresses the concerns with CSLI tracking and proposes a standard that courts may use to apply it.

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Collateral Consequences: Living In The Shadow Of A Conviction, Alex Bernas, Kim Bottenberg, Christian Carroll, Brett Clark, Reagan Eggert, Mackenzie Feeley, Alexa Gutierrez, Beth Hopkins, Kimberly Kenney, Jordan Mccroskey, Michelle Murphy, Sheldon Weiss, Brent Willman, Kelsey York Apr 2017

Collateral Consequences: Living In The Shadow Of A Conviction, Alex Bernas, Kim Bottenberg, Christian Carroll, Brett Clark, Reagan Eggert, Mackenzie Feeley, Alexa Gutierrez, Beth Hopkins, Kimberly Kenney, Jordan Mccroskey, Michelle Murphy, Sheldon Weiss, Brent Willman, Kelsey York

Honors Undergraduate Research

Over the course of fifteen weeks, fourteen students and two professors explored the Criminal Justice System and the immense challenges faced by citizens as they attempt to reintegrate into their communities after being incarcerated. Through the lens of Systems Thinking, a system pioneered and described by Peter Senge, we dissected seemingly unrelated experiences to identify behaviors and patterns that have been intrinsic in the Criminal Justice System since “tough on crime” policies emerged into the early 1970’s. During this time, criminal justice and public opinion moved from a more rehabilitative stance to one of punishment and punitive vengeance on those …

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Searching Places Unknown: Law Enforcement Jurisdiction On The Dark Web, Ahmed Ghappour Apr 2017

Searching Places Unknown: Law Enforcement Jurisdiction On The Dark Web, Ahmed Ghappour

Faculty Scholarship

The use of hacking tools by law enforcement to pursue criminal suspects who have anonymized their communications on the dark web presents a looming flashpoint between criminal procedure and international law. Criminal actors who use the dark web (for instance, to commit crimes or to evade authorities) obscure digital footprints left behind with third parties, rendering existing surveillance methods obsolete. In response, law enforcement has implemented hacking techniques that deploy surveillance software over the Internet to directly access and control criminals’ devices. The practical reality of the underlying technologies makes it inevitable that foreign-located computers will be subject to remote …

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Statewide Rules Of Criminal Procedure: A 50 State Review, Emily Dyer, Chelsea Stacey, Adrian Viesca Apr 2017

Statewide Rules Of Criminal Procedure: A 50 State Review, Emily Dyer, Chelsea Stacey, Adrian Viesca

Nevada Law Journal Forum

Nevada is amongst the minority of states without statewide criminal procedure rules. Statewide rules are important because they promote fairness, regularity, and transparency regardless of where in the state a criminal case is being adjudicated and who it is being adjudicated in front of. This report intends to compare the varying states’ criminal procedure rules, to provide Nevada’s legal community with an awareness of how rules can be structured, what rules are included, and how rules interact with statutes and other court rules. If Nevada chooses to follow in the path of the forty-seven states and develop statewide criminal procedure …

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Twenty Reasons To Publish In Dignity, Donna M. Hughes Apr 2017

Twenty Reasons To Publish In Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson Apr 2017

The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson

Cardozo Public Law, Policy & Ethics Journal

The note examines the "CSI Effect," a phenomenon where crime dramas like *CSI* influence jurors' expectations, potentially affecting trial outcomes. It explores whether this effect exists, its implications, and proposes solutions to mitigate its impact on the criminal justice system.

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Conviction Integrity Units Revisited, Barry Scheck Apr 2017

Conviction Integrity Units Revisited, Barry Scheck

Articles

“Conviction Integrity Unit” has become a brand name that has good public relations value for an elected official. But what does it really mean? Is it just a fashion accessory, a flashy but empty appellation intended to convey the idea that the office is extremely serious about correcting wrongful convictions and holding its own members accountable for errors or acts of misconduct, but really is not? Is conviction integrity nothing more than a passing fad, a nebulous slogan without real meaning that is good for propaganda purposes, but will not bring about any serious change in the way business is …

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Gateway Crimes, Murat C. Mungan Apr 2017

Gateway Crimes, Murat C. Mungan

Faculty Scholarship

Many who argue against the legalization of marijuana suggest that while its consumption may not be very harmful, marijuana indirectly causes significant social harm by acting as a “gateway drug,” a drug whose consumption facilitates the use of other, more harmful drugs. This Article presents a theory of “gateway crimes,” which, perhaps counterintuitively, implies that there are social gains to decriminalizing offenses that cause minor harms, including marijuana-related offenses. A typical gateway crime is an act which is punished lightly, but because it is designated as a crime, being convicted for committing it leads one to be severely stigmatized. People …

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Renteria-Novoa (Guillermo) V. State, 133 Nev. Adv. Op. 11 (March 30, 2017), Briana Martinez Mar 2017

Renteria-Novoa (Guillermo) V. State, 133 Nev. Adv. Op. 11 (March 30, 2017), Briana Martinez

Nevada Supreme Court Summaries

The district court abused its discretion in declining to appoint postonviction counsel to appellant. Appointment of counsel under NRS § 34.750(1) is not necessarily dependent upon whether a pro se petitioner raised claims that have merit or warrant an evidentiary hearing. Language barriers may deprive appellants of a meaningful opportunity to present his or her claims, and should therefore be taken into consideration.

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Crime And The Law: Sociologico-Legal Observations, Wenceslas J. Wagner Mar 2017

Crime And The Law: Sociologico-Legal Observations, Wenceslas J. Wagner

The Catholic Lawyer

No abstract provided.

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Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman Mar 2017

Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Congress has recently authorized military commissions to try enemies not only for violations of the international law of war, but also for domestic-law offenses, such as providing material support to terrorism and conspiring to commit law-of-war offenses. Moreover, President Trump has indicated support for further military trials, including trials against U.S. citizens. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution prescribes. The constitutionality of such an abrogation of Article III’s criminal trial guarantees has been debated during many of the nation’s wars without clear resolution, and the constitutional question is now at …

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