Criminal Law Commons^™

Brown V. Plata: Renewing The Call To End Mandatory Minimum Sentencing, Steven Nauman

Florida Law Review

After more than twenty years of litigation, the United States Supreme Court finally determined whether California’s overcrowded prison system created a constitutional violation in Brown v. Plata. With prisons and jails across the country operating at well over 100% capacity, the Court concluded what advocates had been screaming for over a decade: prison overcrowding cannot be tolerated, and the only remedy is to reduce prison populations. What the Court failed to resolve, however, was what the primary cause of prison overcrowding is and how states and the federal government are supposed to comply with capacity expectations amid concerns for …

Bringing Our Children Back From The Land Of Nod: Why The Eighth Amendment Forbids Condemning Juveniles To Die In Prison For Accessorial Felony Murder, Mariko K. Shitama

Florida Law Review

Over 2,589 individuals sit in prison, where they have been condemned to die for crimes they committed before their eighteenth birthday. At least a quarter of these individuals received this sentence for accessorial felony murder, or a crime in which they did not kill or intend to kill the victim. Beginning with Roper v. Simmons in 2005 and continuing with Graham v. Florida in 2010, recent Eighth Amendment jurisprudence has recognized that juveniles are fundamentally different from adults in ways that limit the constitutionality of imposing adult punishment on them. In June 2012, the Supreme Court held that sentencing juveniles …

Vicarious Aggravators, Sam Kamin, Justin Marceau

Florida Law Review

In Gregg v. Georgia, the Supreme Court held that the death penalty was constitutional so long as it provided a non-arbitrary statutory mechanism for determining who are the worst of the worst, and therefore, deserving of the death penalty. As a general matter, this process of narrowing the class of death eligible offenders is done through the codification of aggravating factors. If the jury finds beyond a reasonable doubt that one or more aggravating factors exists, then a defendant convicted of murder is eligible for the ultimate sentence. There is, however, a critical, unanswered, and under-theorized issue raised by …

Searching For Culpability, Punishing The Guilty, And Protecting The Innocent: Should Congress Look To The Model Penal Code To Stem The Tide Of Federal Overcriminalization?, David Dailey

Catholic University Law Review

In late 2014, the House Judiciary Committee's Overcriminalization Task Force is expected to release a final report on federal overcriminalization. The Task Force has been studying the issue for over a year, and had held several hearings on a lack of a mens rea requirement in many federal statutes, as well as regulatory offenses that carry criminal sanctions. Several experts have recommended that Congress enact a default mens rea provision similar to the Model Penal Code (MPC). This Comment explores the issue of mens rea at the federal level and the federal courts' understanding of mens rea in federal criminal …

Summary Of Byars V. State, 130 Nev. Adv. Op. 85, Katherine Frank

Nevada Supreme Court Summaries

The Court determined that (1) pursuant to Missouri v. McNeely[1], the natural dissipation of marijuana in the blood stream does not constitute a per se exigent circumstance permitting a warrantless blood draw, (2) NRS 484C.160(7)[2], which allows officers to use force to obtain blood samples, violates the Fourth Amendment of the United States Constitution[3], and (3) when a warrantless blood draw is nonetheless taken in good faith, evidence obtained from the blood draw is admissible at trial.

Gate Keeping And The Politics Of Access To Prisons: Implications For Qualitative Prison Research, Janani Umamaheswar

Qualitative Criminology (QC)

"In this article, I draw on and contribute to existing literature on reflexivity and access in qualitative research, specifically in the context of prison research. I do this through a critical discussion of the research process involved in conducting a study on women prisoners in the U.S. In addition to describing the obstacles I faced in gaining access to a research site in which to conduct the study, I also discuss the implications of gate keeping for knowledge produced about women prisoners. Finally, I build on Bosworth et al.’s (2005) discussion of prison research using communication by mail. I argue …

Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Aneta Spaic, Claire Angelique Nolasco

Qualitative Criminology (QC)

"This book traces the roots of financial crime to the Victorian Era roughly between the years 1840-1880. Wilson situates financial crime within the context of the concerns, perceptions, developments, and issues endemic to that period. She attempts to draw the reader to the realities of this particular Victorian era as it was unfolding and explains how financial misconduct within commerce became rampant as construction of the railways spurred the growth of industrialization. The book contributes to existing literature on financial crime by providing a historical analysis of its etymology and creating awareness of its historical origins and prevalence long before …

School Shootings And Principals' Perception Of Armed Personnel In An Education Setting, Richard Reyes

Seton Hall University Dissertations and Theses (ETDs)

The purpose of this study was to explore the dilemma principals have in determining the best approach to provide safe environment for their students and faculty, while at the same time creating an environment that is conducive to education.

The study looked at an urban school district with a marginalized community with low socioeconomic status as identified by the District Factor Group A. Twelve school principals were interviewed to gather information of their perceptions in relation to having armed personnel in their schools.

The literature on school shootings and armed personnel in schools was reviewed. The literature consisted of peer-reviewed …

Legalizing Recreational Marijuana: Comparing Ballot Outcomes In Four States, Kenneth Leon, Ronald Weitzer

Qualitative Criminology (QC)

"Medical marijuana is now available in 23 states, and its growing acceptance has paved the way for the legalization of recreational marijuana. This article examines four recent campaigns to legalize recreational marijuana–two failures and two successes. Using data from newspaper sources, interviews with key players, and other sources, we examine the factors that influence whether a ballot initiative succeeds or fails. We identify similarities and differences between the four measures, the social forces shaping the debate, their claims and counterclaims, and a set of factors that appear to increase the odds that a recreational marijuana ballot measure will be successful."

An Examination Of The Researcher Guard Role: Bringing Prison Fieldwork Into The 21st Century, Scott Chenault

Qualitative Criminology (QC)

"In 1986, James Marquart published a seminal article on qualitative methodology in Justice Quarterly. In that piece he presented the strengths and weaknesses associated with the researcher guard role he used while conducting a prison ethnography in Texas. His method led to data that is still central to our understanding of prison culture. However, in the past 30 years, correctional philosophy and practice have undergone significant shifts in the United States. Despite these shifts, there has been a dramatic decrease in prison ethnography during the same time period. This article presents a modern adaptation of Marquart’s method, based on a …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of volume two of the Journal of Qualitative Criminal Justice & Criminology. Rather than closing with acknowledgments, I would like to start this editorial introduction with them. First and foremost, I would like to thank both the editorial board members and the reviewers for this volume of the journal. Their names are listed at the beginning of this issue for without them, this journal would not be possible. Still further, if it was not for the hard work and dedication of my book review editor, Kevin Steinmetz, who recently accepted an academic appointment at …

Bradley Garrett: Explore Everything: Place-Hacking The City, Kevin F. Steinmetz

Qualitative Criminology (QC)

"While most people seem content to enjoy the front-stages of everyday life– going to safe spaces deemed appropriate for occupation–there are those who are enthralled by the backstage spaces of contemporary urban landscapes. In Explore Everything: Place-Hacking the City, Bradley Garrett details his research into urban explorers, a subculture that delves into the hidden (or hidden in plain sight) city spaces such as abandoned urban ruins, underground tunnels, and imposing skyscrapers. To date, this work is most likely the definitive study of urban exploration (sometimes referred to as UE) and should be the starting point for anyone from student …

Contreras, Randol, The Stickup Kids: Race, Drugs, Violence, And The American Dream, Robert J. Durán

Qualitative Criminology (QC)

"Most academics do not live in segregated black or Latino communities that contain higher rates of violence and incarceration. Historically, ethnographers have attempted to bridge this gap, but only a small number of these researchers match the populations they are studying in terms of age, class, ethnicity, and gender. An even rarer ethnographer comes from these same neighborhoods and shares lifelong friendships with the participants. Randol Contreras’s Stickup Kids provides an in-your-face portrayal of a drug dealing crew turned drug robbers in the South Bronx of New York City during the late 1980s and early 1990s. Due to structural changes …

Holloway, Pippa, Living In Infamy: Felony Disfranchisement And The History Of American Citizenship, Gregory J. Fremin

Qualitative Criminology (QC)

"In a historical account of the origins of felony disfranchisement in America, Pippa Holloway details how race and regional politics formed the basis for the exclusion of African Americans on the right to vote. Holloway’s Living in Infamy attempts to connect the dots from the past to the present by educating the reader on how America came to utilize felony convictions as a societal class preservation tool to exclude African Americans from voting. Holloway delves deeply into ancient Roman and Greek law and continues through Anglo-European law and ideology to set the stage for how our forefathers in early America …

Nigel South & Avi Brisman (Eds.), Routledge Handbook Of Green Criminology, Gary R. Potter

Qualitative Criminology (QC)

"The first articulation of a ‘green’ criminology – that is, a criminology concerned with man-made environmental harm – is usually attributed to Michael Lynch (1990) in his essay The Greening of Criminology: a perspective on the 1990s. Although not the first criminological work on environmental harm, Lynch was one of the first to argue that environmental problems in themselves, and the social harms that so often stem from them, can be seen to be legitimate criminological concerns – and that criminologists, therefore, may be well positioned to contribute to analysis and discussion of the environmental degradation that has become …

Exploring The Roles Of Redemption, Agency, And Motivation In Two Groups Of High-Risk Felony Probationers, Steve Boehm

Qualitative Criminology (QC)

"Problem-solving courts were developed in the 1980s and 1990s to reduce recidivism and probation revocations. The first problem- solving courts focused primarily on treating drug abuse, but the missions have expanded to include issues such as domestic violence and the problems faced by returning war veterans. Research has found these courts to be generally effective, but there is wide variation in their outcomes, and there are questions about the perceptions of problem-solving court participants compared to other probationers. This study presents qualitative analysis of interview data for a group of problem-solving court probationers (n = 19) and a similar group …

Bill Chambliss, On The Take: From Petty Crooks To Presidents, Gary W. Potter

Qualitative Criminology (QC)

"On the Take: From Petty Crooks to Presidents (first published in 1978) was the product of seven years (1962-1969) of observational research in Seattle, Washington (Chambliss, 1988). Chambliss used his background in law and sociology to interpret the things he saw and the stories he heard on Seattle’s skid row. He gained entrée into Seattle’s underworld by posing as an itinerant truck driver. Outfitted in old, worn shirts, khaki slacks and with bearded stubble on his face, he interacted with the bottom echelon of Seattle’s crime entrepreneurs–bar owners, illegal card room and bingo operators, street-level drug dealers and prostitutes. …

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.

Understanding Prostitution And The Need For Reform, Tesla Carrasquillo

Touro Law Review

No abstract provided.

The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal

Georgia Journal of International & Comparative Law

No abstract provided.

"Cain Rose Up Against His Brother Abel And Killed Him": Murder Or Manslaughter?, Irene Merker Rosenberg, Yale L. Rosenberg

Georgia Journal of International & Comparative Law

No abstract provided.

Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia, Mary Carter Duncan

Georgia Journal of International & Comparative Law

No abstract provided.

Lawful Wife, Unlawful Sex - Examining The Effect Of The Criminalization Of Marital Rape In England And The Republic Of Ireland, Melisa J. Anderson

Georgia Journal of International & Comparative Law

No abstract provided.

In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding

Georgia Journal of International & Comparative Law

No abstract provided.

Address: Post-War Criminal Justice In Iraq, Travis W. Hall

Georgia Journal of International & Comparative Law

No abstract provided.

Summary Of Watson V. State, 130 Nev. Adv. Op. 76, Lindsay Liddell

Nevada Supreme Court Summaries

The Court determined that (1) a Batson objection to peremptory strikes should be analyzed with reference to the amount of allegedly targeted-group members within the venire; and (2) that a jury instruction is not issued in error when there was a reasonable likelihood that the jury did not understand the instruction incorrectly, even if the rule does not comprehensively explain the underlying doctrine, so long as it accurately states the law.

Summary Of Artiga-Morales V. State, 130 Nev. Adv. Op. 77, Janine Lee

Nevada Supreme Court Summaries

In the absence of a rule or statute mandating disclosure of jury background information from the prosecution to the defense, no such obligation exists.[1] If policy considerations dictate that defendants should be allowed to see prosecution-developed jury dossiers, then a court rule should be proposed, considered and adopted as implicitly authorized by NRS 179A.100(7)(j). Such a procedure would allow the court to better assess the “scope of disparity, impact on juror privacy interests, the need to protect work product, practicality, and fundamental fairness

than this case, with its limited record and arguments.”

[1] This is the majority opinion. A …

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …

Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser

Buffalo Intellectual Property Law Journal

Historically speaking, legal fiction assumes that identity and the credentials proving identity are one and the same. It is an important fiction that allows us to access information associated with our identity and restrict others from doing the same. Crimes of identity theft are commonly manifested through the usurpation of one's credentials to falsely verify identity. Legal doctrine such as agency theory makes the assumption that identity and credentials are only transferrable together. Technology, especially the Internet, alters this fiction by allowing the creation of multiple credentials that enable access to multiple identities manifested throughout the world. The one-to-one relationship …