Criminal Law Commons^™

Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs

Northwestern Journal of Law & Social Policy

No abstract provided.

Segregation Or Integration: Exploring The Interprofessional Collaboration Of The Sexual Assault Response Team-A Pilot Study, Phyllis E. Adams

Doctor of Nursing Practice (DNP) Final Clinical Projects, 2016-2019

The Sexual Assault Response Team (SART) has been functioning since the early 1970’s with little research on the dynamics of the members’ interprofessional collaboration practice. A current gap in the literature is research specific to the assimilation of the disciplines within the SART and the collaborative practice of the SART. The purpose of this project study is to clarify the 12 subscales of Interprofessional Collaborative Practice (motivation, role expectations, personality style, professional power, group leadership, communication, coping, social support, organizational culture, organizational aims, organizational domain, and organizational environment) and explore how each profession perceives these subscales. The sample participants were …

Drug Trafficking And The Presidential Family In Venezuela: The Narco Nephews, Daniela Castro

Capstones

An explosive combination of political turmoil, a deep economic crisis and critical security situation has Venezuela on the verge of collapse. Despite the alarming situation in the country, not everyone is doing so bad, especially those close to the ruling power. Ferraris, access to private aircrafts and bodyguards are only some of the privileges that only few can get access to in this impoverished South American nation.

Efrain Antonio Campo Flores, 30, and Franqui Francisco Flores de Freitas, 31 -- the nephews of the Venezuelan Presidential couple -- were found guilty of conspiring to import hundreds of kilograms of cocaine …

911 Calls In Homicide Cases: What Does The Verbal Behavior Of The Caller Reveal?, Jon D. Cromer

Masters Theses, 2010-2019

Each year, numerous 911 calls reporting a death or a serious injury that leads to death are received by emergency communications centers; many of these turn out to be related to a homicide. Interestingly, a small percentage of these calls are made by the perpetrator. These calls constitute the first available evidence in most homicide cases. They are recorded at times of great stress and are the first versions of what the callers purport to know. The ability to develop hypotheses about a caller’s truthfulness enhances the police response by objectively informing the process of formulating early investigative strategies. For …

Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross

William & Mary Bill of Rights Journal

No abstract provided.

The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert

William & Mary Bill of Rights Journal

No abstract provided.

The Death Penalty And The Fifth Amendment, Joseph Blocher

Northwestern University Law Review

Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?

Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …

Managing Fear-Based Derogation In Murder Trials, John Rafael Perez

Journal of Legislation

No abstract provided.

No Drop Prosecution & Domestic Violence: Screening For Cooperation In The City That Never Speaks, Allessandra Decarlo

Journal of Law and Policy

Throughout history, domestic violence has been infamously kept behind closed doors and outside of our legislature. It was not until the 1960s, due to the efforts of the battered women’s movement, that the U.S. government began to address domestic violence as a social ill and offered protection to victims through statutes and policies in both State and Federal capacities. This note elaborates on one such policy, known as a “No-Drop” policy, which has been implemented by prosecutor’s offices throughout New York City’s five boroughs, as a mechanism to aggressively combat domestic violence. “No- Drop” policies allow prosecutors to vigorously prosecute …

Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson

Scholarly Publications

No abstract provided.

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …

The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt

Working Paper Series

At-sentencing risk assessments are predictions of an individual’s statistically likely future criminal conduct. These assessments can be derived from a number of methodologies ranging from unstructured clinical judgment to advanced statistical and actuarial processes. Some assessments consider only correlates of criminal recidivism, while others also take into account criminogenic needs. Assessments of this nature have long been used to classify defendants for treatment and supervision within prisons and on community supervision, but they have only relatively recently begun to be used – or considered for use – during the sentencing process. This shift in application has raised substantial practical and …

Conviction By Prior Impeachment, Anna Roberts

Faculty Scholarship

No abstract provided.

Computer Fraud And Abuse Act Enforcement: Cruel, Unusual, And Due For Reform, Tiffany Curtiss

Washington Law Review

This Comment argues that the Computer Fraud and Abuse Act (CFAA) uses an outdated concept of technology in everyday activities that can lead to unexpected and grossly disproportional federal criminal charges. The CFAA’s vague definitions passively provide broad prosecutorial discretion that may turn millions of everyday internet users into criminals, even in cases of a common breach of an online terms-of-service agreement. Congress should look to the Eighth Amendment and draw from its principles in reforming the CFAA. The Comment concludes with a proposed interpretation of the CFAA that would better align the statute with other criminal laws, namely trespass. …

Attempt, Merger, And Transferred Intent, Nancy Ehrenreich

Brooklyn Law Review

Recent years have seen a dramatic expansion in the transferred-intent doctrine via rulings involving attempt liability. In its basic form, transferred intent allows an intentional actor with bad aim who kills an unintended victim (instead of the intended target) to be punished for murder. Today, some courts allow conviction in such situations not only of transferred intent murder as to the actual victim, but of attempted murder of the intended victim as well. Critics of this expansion (as well as other similar variations) have argued that it distorts the meaning of transferred intent and imposes liability disproportionate to culpability. Little …

Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg

Brooklyn Law Review

The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …

A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater

Fordham Law Review

The U.S. criminal justice system is built on the concept of an adversarial trial. The defense and prosecution present competing narratives to a neutral audience that judges whether the prosecution has proved its case beyond a reasonable doubt. In this context, defense counsel is expected to be a zealous advocate for the defendant, providing the most effective representation possible in light of the evidence presented by the government. However, there are occasions outside of trial where defense counsel’s traditional role changes and she is asked to disclose, not to the jury, but to the court, personal opinions and knowledge about …

A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese

Villanova Law Review (1956 - )

No abstract provided.

Say Hello To My Little Friend Civil Rico: The Third Circuit Green Lights Insurance Shakedown Of Big Pharma With In Re Avandia, Marie Bussey-Garza

Villanova Law Review (1956 - )

No abstract provided.

Georgia's Safe Harbor Ruling For Affirmative Defenses In Criminal Cases Should Be Revisited, Ben W. Studdard, Michal A. Arndt

Mercer Law Review

The State has the entire burden of proving the defendant's guilt of the offense charged beyond a reasonable doubt, reads the instruction given to every jury empaneled to try a criminal case in Georgia. The defendant has no burden of proof at all. Where the evidence raises a defense, the burden remains with the State to negate or disprove that defense beyond a reasonable doubt. But those same Georgia citizens, when summoned to federal jury service, may hear a very different instruction: that the defendant, upon raising an affirmative defense, has the burden of proof as to that defense, by …

Criminal Law, Bernadette C. Crucilla

Mercer Law Review

As in prior periods, this year's survey of criminal law will include only a few of the most significant cases and statutory amendments. Due to the constant evolution of criminal laws in our society, it is simply not practical to attempt to make note of every legal development. Therefore, the discussion is limited to those changes that will have the widest application and interest to criminal law practitioners for the period from June 1, 2015 through May 31, 2016.

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco

Michigan Law Review

Federal prosecutors routinely charge public officials with “extortion under color of official right” under a public-corruption statute called the Hobbs Act. To be prosecuted under the Hobbs Act, a public official must promise official action in return for a bribe or kickback. The public official, however, does not need to have actual authority over that official action. As long as the victim reasonably believed that the public official could deliver or influence government action, the public official violated the Hobbs Act. Private citizens also solicit bribes in return for influencing official action. Yet most courts do not think the Hobbs …

Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm

Genocide Studies and Prevention: An International Journal

This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …

Case Note: Case Of Vasiliauskas V. Lithuania In The European Court Of Human Rights, Stoyan Panov

Genocide Studies and Prevention: An International Journal

No abstract provided.

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.

The Invisible Revolution In Plea Bargaining: Managerial Judging And Judicial Participation In Negotiations, Nancy J. King, Ronald F. Wright

Vanderbilt Law School Faculty Publications

This Article, the most comprehensive study ofjudicial participation in plea negotiations since the 1970s, reveals a stunning array of new procedures that involve judges routinely in the settlement of criminal cases. Interviewing nearly one hundred judges and attorneys in ten states, we found that what once were informal, disfavored interactions have quietly, without notice, transformed into highly structured best practices for docket management. We learned of grant-funded problem-solving sessions complete with risk assessments and real-time information on treatment options; multicase conferences where other lawyers chime in; settlement courts located at the jail; settlement dockets with retired judges; full-blown felony mediation …

Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine, Evan Goldstick

Fordham Law Review

Recently, the Court decided Rosemond v. United States. In Rosemond, the Court had to determine the requisite mental state for aiding and abetting a particular federal crime. While the Court had the opportunity to weigh in on the natural and probable consequence doctrine in Rosemond, it declined to do so in footnote 7. This Note reviews the natural and probable consequence doctrine, its reception by courts and commentators, and the Court’s holding in Rosemond. This Note then applies the holding of Rosemond to several federal cases that employed the doctrine to determine whether, despite footnote 7, …