Criminal Law Commons^™

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Formulating New Models In The More Guns, Less Crime Debate, Justin Shane Carothers

Student Theses and Dissertations

Recent statistical studies suggest that the presence of right to carry (RTC) laws increase crime on all fronts. Like many before it, this debate hinges on model specification and our ability to conceptualize real world mechanisms into social science models. I evaluate and modify previous economic models concerning the “More Guns, Less Crime” hypothesis in order to test those findings. I also expanded previous panel data that originally ended in 2006 with the most up to date uniform Crime Reporting (UCR) data and created a new open-carry dummy variable. Each model uses data from 1970 to 2013 for all fifty …

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Not All Plea Breaches Are Equal: Examining Heredia’S Extension Of Implicit Breach Analysis, Kevin Arns

Northwestern University Law Review

When the government enters into a plea agreement with a criminal defendant that stipulates that the government will give a specific sentence recommendation in exchange for the defendant’s guilty plea, it can implicitly breach that agreement by clearly distancing itself from the recommendation at the sentencing hearing. In most circuits, the implicit breach of a non-court-binding plea agreement—an agreement where the defendant is bound to the guilty plea even if the court rejects the sentence recommendation—entitles defendants to a remedy. However, in 2014, the Ninth Circuit was the first circuit to hold that a defendant is entitled to a remedy …

Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render

Popular Media

This article published on April 25, 2016 at the Huffington Post examines the case of McKinley Phipps. He was sentenced to thirty years of hard labor for a crime that, to this day, he insists he did not commit. During the trial prosecutors used Phipps’s rap persona and lyrics - remixed for special effect - to carefully construct a story of Phipps’s guilt. The article discusses how Phipps lyrics and persona contributed to his conviction and the progress of his appeals.

Qualified Immunity For Officers’ Reasonable Reliance On Lawyers’ Advice, Edward C. Dawson

Northwestern University Law Review

An officer is entitled to qualified immunity when a reasonable officer would not have known that her conduct violated clearly established law. Courts disagree over whether and how an officer’s receipt of legal advice before acting supports the qualified immunity defense by showing that, based on the advice, a reasonable officer would have thought that her conduct would not violate clearly established law. This Article argues that legal advice should support the qualified immunity defense. It argues that when an officer asserts reliance on legal advice as supporting qualified immunity, a court should consider whether in the circumstances the officer …

Capital Punishment And The Morality Of Human Rights, Michael J. Perry

Journal of Catholic Legal Studies

No abstract provided.

Prosecuting Child Soldiers: The Call For An International Minimum Age Of Criminal Responsibility, Brittany Ursini

St. John's Law Review

(Excerpt)

This Note discusses the current state of international law on the MACR and proposes a solution that balances the protection of child soldiers with the rights of the victims harmed by their unlawful conduct. Part I of this Note provides a brief background of child soldiers and closely examines the relevant international law addressing the criminal responsibility of child soldiers. Part II illustrates the deficiencies of current international law and describes how the deficiencies affect and contribute to the competing arguments regarding a MACR. Part III discusses the need for an international MACR. Finally, Part IV proposes an international …

Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer

St. John's Law Review

(Excerpt)

The line of argument is not complex. Part I explicates the unequal burden doctrine and its link to the predecessor theory of “mutable characteristics.” Part II offers the aforementioned statutorily formal argument, disproving unequal burden theory through an examination of Title VII’s plain language and structure in light of modern Supreme Court precedents addressing Title VII’s ban against stereotyping. This analysis places special emphasis on 42 U.S.C. § 2000e-2(m), in which Congress clarified that plaintiffs prevail when discriminatory animus merely is a “motivating factor” rather than the “but-for cause” of the defendants’ conduct.

Although not the lengthiest discussion herein …

Introduction, David L. Gregory, Elizabeth Anne Tippett

St. John's Law Review

(Excerpt)

Through this Title VII Symposium, St. John’s University School of Law proudly participates in a larger and continuing national discussion of the role and state of civil rights in the United States.

Trending @ Rwu Law: Vanessa Rodriguez's Post: Clinics Collaborate On 'Crimmigration': 04/19/2016, Vanessa Rodriguez

Law School Blogs

No abstract provided.

Mahajna V. State, Elyakim Rubinstein, Anat Baron, Salim Joubran

Translated Opinions

The Applicant, the leader of the Northern Faction of the Islamic Movement in Israel, was acquitted by the Magistrates Court of the offense of inciting racism, but was convicted of the offense of inciting violence. The Applicant was accused of the offenses due to a sermon he gave in 2007 to an audience of approximately one thousand people near Jerusalem. The court imposed a sixteen-month sentence upon the Applicant, eight months of which were custodial. Appeals were filed against the judgment by both of the parties. The District Court convicted the Applicant of the offense of inciting racism. The Applicant …

Ocasio V. United States: Why The Hobbs Act Punishes Co-Conspirator Extortion, Joshua T. Carback

Maryland Law Review Online

No abstract provided.

Lost In A Maze Of Character Evidence: How The Federal Courts Lack A Cohesive Approach To Applying Federal Rule Of Evidence 404(B) In Drug Distribution Cases, Brian Byrne

Pace Law Review

The admission of a criminal defendant’s prior bad acts can be a powerful tool for attaining a conviction. The federal courts are currently divided as to whether the defendant’s prior drug use is admissible under Rule 404(b) of the Federal Rules of Evidence when the defendant is charged with distributing a controlled dangerous substance.

Part I of this Comment will briefly explore the historical roots of Rule 404(b). Part II will examine the permissible purposes for admitting prior bad acts under Rule 404(b). Part III will discuss the circuit split that has developed as to whether the defendant’s prior drug …

A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone

Pace Law Review

Many people believe that juvenile adjudications of delinquency are automatically expunged upon the youth reaching the age of majority. In reality, a juvenile adjudication of delinquency—especially for a felony—can significantly limit a teenager’s future ability to obtain student loans and scholarships, join the military, participate in athletics, become a firefighter or a law enforcement officer or obtain one of many jobs. As discussed herein, the majority of youth facing charges in delinquency court are suffering from severe socio-economic deprivation, are victims of emotional, physical or sexual abuse, or have serious mental health issues. Many youth caught up in the delinquency …

Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.

State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad

Nevada Supreme Court Summaries

Defendant Deangelo Carroll appealed from a conviction for conspiracy to commit murder and first-degree murder with use of a deadly weapon. The Supreme Court of Nevada found the district court erred in denying Carroll’s motion to suppress his statements to police because the police subjected Carroll to a custodial interrogation, without advising him of his Miranda rights. The Court affirmed however, finding the error harmless beyond a reasonable doubt.

To Call Or Not To Call: Compelling Witnesses To Appear Before Congress, Daniel Curbelo Zeidman

Fordham Urban Law Journal

No abstract provided.

No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom

Fordham Urban Law Journal

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten

Senior Honors Theses

The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …

Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock

Human Factors and Applied Psychology Student Conference

The institution of capital punishment represents one of the most contentious issues affecting societies today; and while the practice is only implemented in 58 countries, the controversy affects the world at large as over 60% of the human population lives in nations that condone the death penalty (Hali, 2015). In the United States, people who support capital punishment believe the practice to be an effective crime deterrent for potential criminals and therefore a prospective protective measure for law abiding citizens. Moreover, advocates defend their position by forwarding the argument that executions are ‘humane’; that use of lethal injection ensures that …

“Why So Serious?” Threat, Authoritarianism, And Depictions Of Crime, Law, And Order In Batman Films, Brandon Bosch

Department of Sociology: Faculty Publications

Drawing on research on authoritarianism, this study analyzes the relationship between levels of threat in society and representations of crime, law, and order in mass media, with a particular emphasis on the superhero genre. Although the superhero genre is viewed as an important site of mediated images of crime and law enforcement, cultural criminologists have been relatively quiet about this film genre. In addressing this omission, I analyze authoritarian themes (with an emphasis on crime, law, and order) in the Batman film franchise across different periods of threat. My qualitative content analysis finds that authoritarianism themes of fear and need …

North Carolina Innocence Inquiry Commission: An Institutional Remedy For Actual Innocence And Wrongful Convictions, Warren D. Hynson

North Carolina Central Law Review

No abstract provided.