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Articles 8701 - 8730 of 27587

Full-Text Articles in Criminal Law

The War Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley Jan 2015

The War Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley

Faculty Publications

The shooting death of eighteen-year-old Michael Brown by Ferguson, Missouri police officer Darren Wilson has sparked a renewed national conversation about the militarization of police. While Officer Wilson’s deadly encounter with Brown did not involve militarized force, subsequent protests, looting, and riots have triggered the display and use of armored vehicles, M4 assault rifles, Humvees, Kevlar vests, grenades, camouflage, and other military-style equipment by state and local police. U.S. Attorney General Eric Holder criticized the police response, asserting, “At a time when we must seek to rebuild trust between law enforcement and the local community, I am deeply concerned that …

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Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba Jan 2015

Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba

Children's Legal Rights Journal

No abstract provided.

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Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan Jan 2015

Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan

Children's Legal Rights Journal

No abstract provided.

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Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen Jan 2015

Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen

Children's Legal Rights Journal

No abstract provided.

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Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert Jan 2015

Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert

Children's Legal Rights Journal

No abstract provided.

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Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn Jan 2015

Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn

Children's Legal Rights Journal

No abstract provided.

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Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder Jan 2015

Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder

Children's Legal Rights Journal

No abstract provided.

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Sentencing And The Salience Of Pain And Hope, Benjamin Berger Jan 2015

Sentencing And The Salience Of Pain And Hope, Benjamin Berger

Osgoode Legal Studies Research Paper Series

What would a jurisprudence of sentencing that was induced from the experience of punishment, rather than deduced from the technocracy of criminal justice, look like? Rather than focusing narrowly on the question of quantum, such a jurisprudence would be concerned with the character and quality of punishment. A fit sentence would account for pain, loss, estrangement, alienation, and other features of the offender’s aggregate experience of suffering at the hands of the state in response to his or her wrongdoing. This would be a broader, more resolutely political conception of criminal punishment. This article shows that the jurisprudence of the …

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Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald Jan 2015

Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald

Sturm College of Law: Faculty Scholarship

Although 23 states and the District of Columbia have now legalized marijuana for medical purposes, marijuana remains a prohibited substance under federal law. Because the production, sale, possession and use of marijuana remain illegal, there is a risk of prosecution under federal laws. Furthermore, those who help marijuana users and providers put themselves at risk — federal law punishes not only those who violate drug laws but also those who assist or conspire with them to do so. In the case of lawyers representing marijuana users and businesspeople, this means not only the real (though remote) risk of criminal prosecution …

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Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper Jan 2015

Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper

Sturm College of Law: Faculty Scholarship

Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk …

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The Life Of Crimmigration Law, César Cuauhtémoc García Hernández Jan 2015

The Life Of Crimmigration Law, César Cuauhtémoc García Hernández

Sturm College of Law: Faculty Scholarship

This short essay introduces a collection of articles that arose from the Denver University Law Review’s symposium Crimmigration: Crossing the Border Between Criminal Law and Immigration Law, held in February 2015 at the University ofDenver Sturm College of Law. The essay borrows heavily from the Epilogue to my book Crimmigration Law.

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Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl Jan 2015

Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl

Scholarly Articles

The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …

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Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway Jan 2015

Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Part I and Part II of this article discuss the consequences of Crawford v. Washington for domestic violence victims and detail the problem of domestic violence in America, including the current prosecution strategies and challenges in domestic violence cases. Part III reviews the evolution of confrontation law jurisprudence. Part IV sets forth a proposed Crawford-compliant procedure that also protects domestic violence victims. Part V addresses anticipated objections to the prompt-post arrest confrontation hearing.

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Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth Macdowell, Adele Morrison Jan 2015

Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth Macdowell, Adele Morrison

Sturm College of Law: Faculty Scholarship

Transcript of a Panel session at the CONVERGE! Conference on problematizing assumptions about gender violence.

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Remember Not To Forget Furman: A Response To Professor Smith, Sam Kamin, Justin F. Marceau Jan 2015

Remember Not To Forget Furman: A Response To Professor Smith, Sam Kamin, Justin F. Marceau

Sturm College of Law: Faculty Scholarship

Professor Robert J. Smith encourages readers, lawyers, and courts to forget Furman v. Georgia and to focus instead on death penalty challenges grounded in the diminished culpability of nearly all capital defendants. We applaud Professor Smith’s call to focus on the mental and emotional characteristics that reduce the blameworthiness of so many of those charged with capital crimes; recognizing diminished culpability as the rule rather than the exception among capital defendants conveys a reality that rarely finds its way into reported cases. We are troubled, however, by Professor Smith’s call to “forget Furman.” We believe the title and the …

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The Battle Of The Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin Jan 2015

The Battle Of The Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin

Sturm College of Law: Faculty Scholarship

Although marijuana possession remains a federal crime, twenty-three states now allow use of marijuana for medical purposes and four states have adopted tax-and-regulate policies permitting use and possession by those twenty-one and over. In this article, I examine recent developments regarding marijuana regulation. I show that the Obama administration, after initially sending mixed signals, has taken several steps indicating an increasingly accepting position toward marijuana law reform in states; however the current situation regarding the dual legal status of marijuana is at best an unstable equilibrium. I also focus on what might be deemed the last stand of marijuana-legalization opponents, …

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"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli Jan 2015

"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli

William Mitchell Law Review

No abstract provided.

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Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo Jan 2015

Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo

William Mitchell Law Review

No abstract provided.

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A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi Jan 2015

A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi

William Mitchell Law Review

No abstract provided.

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Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie Jan 2015

Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie

Faculty Publications

When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …

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A Silver Bullet: Should The Mere Presence Of Ammunition Create A Reasonable Suspicion Of Criminal Activity?, 48 J. Marshall L. Rev. 843 (2015), Kyle Gruca Jan 2015

A Silver Bullet: Should The Mere Presence Of Ammunition Create A Reasonable Suspicion Of Criminal Activity?, 48 J. Marshall L. Rev. 843 (2015), Kyle Gruca

UIC Law Review

No abstract provided.

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Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner Jan 2015

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …

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The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski Jan 2015

The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski

Psychology Faculty Scholarship

Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This “rape culture” is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research …

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The Online Sex Sting, Michael Cryan Jan 2015

The Online Sex Sting, Michael Cryan

Undergraduate Review

The Youth Internet Safety Surveys are indicative of a small subset of minors who have had contact with sexual offenders in person. Internet sex stings serve to target these adults through the use of police deception, but their use has been on the decline. Sexual offenders are a heterogeneous group; laws often mistakenly lump these various members together. This paper discusses different sources that can take responsible action to prevent online predators from reaching minors and the issue of vigilantism against offenders. Our current laws on sexual predators do not reflect the deeper, more prevalent issue of acquaintance rape.

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Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos Jan 2015

Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by …

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Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard Jan 2015

Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard

Criminal Law Practitioner

No abstract provided.

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Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg Jan 2015

Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg

Criminal Law Practitioner

No abstract provided.

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Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin Jan 2015

Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin

Criminal Law Practitioner

No abstract provided.

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Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill Jan 2015

Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill

Criminal Law Practitioner

No abstract provided.

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Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo Jan 2015

Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo

Criminal Law Practitioner

No abstract provided.

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