Criminal Law Commons^™

Permissive Discrimination: How Committing A Crime Makes You A Criminal In Georgia, Luke Caselman

Mercer Law Review

No abstract provided.

Towards International Criminalization Of Transboundry Environmental Crimes, Hamdan Qudah

Dissertations & Theses

This dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the …

"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker

University of Richmond Law Review

While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …

Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin

Cornell Law Faculty Publications

How should international courts distinguish between principals and accessories? The ICC answered this question with Roxin’s Control Theory of Perpetration; defendants should be convicted as principals if they control the crime individually, jointly with a co-perpetrator, indirectly via an organized apparatus of power, or as indirect co-perpetrators (via a combination of the previous doctrines). As the ICC adopted the control requirement, however, some of its decisions have allowed lower mental states such as recklessness or dolus eventualis to meet the standard for principal perpetration under the Control Theory. Other decisions have asserted that intent or knowledge is required though their …

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

Articles

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …

In Defense Of American Criminal Justice, J. H. Wilkinson, Iii

Vanderbilt Law Review

The American criminal justice system is on trial. A chorus of commentators-often but not exclusively in the legal academy-has leveled a sharp indictment of criminal process in our country. The indictment charges that large flaws infect nearly every stage of the adjudicatory process. And the prescriptions are equally far-reaching, with calls for abolition of many current practices and an overhaul of the entire system. What is more, the critics issue their condemnations essentially as givens, often claiming that all reasonable people could not help but agree that fair treatment of the accused has been fatally compromised. For these critics, "We …

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Juvenile Sex Offender Rehabilitation: How The Us Approach Can Help Indonesia Satisfy Its Commitment To Restorative Justice Principles, Putri Kusuma Amanda

Indonesia Law Review

In July 2012, Indonesia enacted landmark legislation to reform the juvenile justice system. The Juvenile Justice Act is a break through which constituted to protect the rights of children in the juvenile justice system. This Act explicitly includes the principle of restorative justice, a principle that guarantees the government’s commitment to use rehabilitative and restorative approaches. The question that arises now is how this law can be satisfied through the implementation of the Act. Specifically, this paper will focus on how the restorative justice principle can be applied to juvenile commit sexual offense. This paper, learning from the United State’s …

Combating Corruption Based On International Rules, Maskun Maskun

Indonesia Law Review

Corruption is a universal problem that is taking place all over the world, either in developed countries or developing or under developing countries. It is caused by some issues such as poorly designed economic policies, low levels of education, underdeveloped civil society, and the weak accountability of public institution. Those causes of corruption can be separated in some different types of corruption. The types are bureaucratic corruption, political corruption, grand corruption, and common corruption. In terms of tackling some problems of corruption, there are so many things to do including international law commitment. Some international law commitment can be seen …

In It For The Long Haul: Exploring Gender Dynamics In Former Prisoner– Family Relationships, Damian J. Martinez, Andrea Leverentz

Qualitative Criminology (QC)

"This article contributes to the growing body of literature on the role of families of origin in the reentry of former prisoners by focusing on a group of young men of color recently released from prison. Our in-depth interviews with young men and selected family members highlighted the ongoing importance of their family relationships for providing important emotional and instrumental support. These relationships also are gendered. In relationships with female relatives, the former prisoners’ primary role was to be there for the women in the family and thereby demonstrate their love of family and their commitment to desistance from crime, …

Kenneth D. Tunnell, Once Upon A Place: The Fading Of Community In Rural Kentucky, Travis Linnemann

Qualitative Criminology (QC)

"It is difficult to think of the rural apart from rolling hills and green fields that offer a respite from the city’s disquiet. Along with images of a bucolic rurality however, is a darker anti-idyll that has loomed in the social imaginary for centuries. While the narrative is timeless, the rural’s decline is something few among us have lived or even cared to witness first-hand. However, in the pages of Kenneth D. Tunnell’s Once Upon a Place, we travel to the disregarded landscapes of rural Kentucky and witness the history of its struggles. Like looking out the window of …

Expressing Strain: A Qualitative Evaluation Of The Testimonies Of Female Sex Offenders, Jennifer L. Klein, Danielle Tolson, Cathy Collins

Qualitative Criminology (QC)

"For those convicted of a sexual offense, life on the registry is not an easy one. There is a great deal of stigma associated with these offenders despite the fact they served their sentences and were released back into society. Current research examines what life is like for female sex offenders whose information is listed on the Florida Sex Offender Registry. Using Robert Agnew’s General Strain Theory as a lens to examine the registry, this article will show the stress present in the lives of the registrants. Specifically, the article will address coping mechanisms, anger, and several unintended consequences of …

Beyond Basic Needs: Social Support And Structure For Successful Offender Reentry, Andrew S. Denney, Richard Tewksbury, Richard S. Jones

Qualitative Criminology (QC)

"Barriers to successful reentry have long been identified as impeding an offender’s ability to successfully reenter society upon release from incarceration. As a result, research has long examined what shared obstacles the majority of offenders often face upon reentering society. Much of the research identifies factors such as poor education, obtaining/maintaining employment, stable housing, and transportation as common barriers to successful reentry. By using in-depth interviews with ex-offenders deemed as successful that were conducted by two respective non-profit agencies, the present study explores what significant requirements, if any, successful offenders perceive to need and/or have experienced as lacking while attempting …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"When I took on the role of editor for the new Journal of Qualitative Criminal Justice & Criminology, I wanted to secure as many of the leading qualitative researchers as I could for the editorial board. While I did not know Jock Young personally, I knew of him and his reputation and writings, and I figured he was one who should be on the board. When I asked my book review editor, Kevin Steinmetz, now Dr. Steinmetz, who I should include on the board, the first two people he requested were Jock Young and Jeff Ferrell. I agreed and …

Obituary: Unapologetic Irreverence: The Life And Legacy Of William “Jock” Young (1942-2013), Robert Donald Weide

Qualitative Criminology (QC)

"I first met my dear friend and mentor Jock Young as a doe faced graduate student, “full of it,” as he would have probably described me at the time. It was a quality he apparently admired in me, unlike many of my other academic mentors. Our dear friend, colleague and another cherished mentor, David Charles Brotherton, made the introduction and while Jock shook my hand, he gave me the cock-eyed look of a madman as he peered into my soul, remarking to David with a deviant smirk, “Oh look, we have another trouble maker here!” Well it takes one to …

Conceptualizing Social Recovery: Recovery Routes Of Methamphetamine Users, Miriam Boeri, David Gibson, Paul Boshears Europäische Universität Für Interdisziplinäre Studien (The European Graduate School)

Qualitative Criminology (QC)

"The goal of our qualitative study was to gain a phenomenological understanding of routes to recovery from problematic drug use. In-depth interviews and drug histories were collected from 50 former methamphetamine users recruited from a U.S. metropolitan suburb who identified as having had problematic use of this drug in the past. Transcripts of the audio-recorded interviews were coded for common themes regarding types of recovery strategies or tools employed on the route to recovery. The common strategies used in all routes for recovery from problematic methamphetamine use were social in nature and did not necessarily include the cessation of all …

Heith Copes & Mark R. Pogrebin (Eds.), Voices From Criminal Justice: Thinking And Reflecting On The System, Joshua B. Hill

Qualitative Criminology (QC)

"The introductory criminal justice “reader” is a difficult text to get right. The material should not be too advanced for the student (most likely a first-year undergraduate student) to understand, but also cannot oversimplify the topic and risk either insulting students or not conveying an appropriate sense of the complexity of the criminal justice system. Voices from Criminal Justice: Thinking and Reflecting on the System, a new compilation of readings published by Routledge and edited by Heith Copes and Mark Pogrebin, attempts to thread this needle in an interesting way by framing the book as a series of perspectives …

Examining The Death Penalty Insider Perspective: Capital Bench & Bar Interviews, Sherri Dioguardi

Qualitative Criminology (QC)

"This study conducted semi-structured interviews with 27 death penalty insiders (9 capital judges, 9 prosecutors and 9 defense attorneys) across three states. Prior research examined whether knowledge of capital punishment correlates with death penalty support (the Marshall Hypothesis). While prior research focused on opinions of laypeople, this study interviewed those with direct, hands-on experience to explore the knowledge-based, insider perspective. The majority (80%) of interviewee-respondents did not believe the death penalty is necessary in light of Life without the Possibility of Parole as an available sentencing option, and 62% did not support capital punishment. Qualitative data analysis reveals a wealth …

An Exploratory Examination Of A Prison Disciplinary Process: Assessing Staff And Prisoner’ Perceptions Of Fairness, Ann Marie Rocheleau

Qualitative Criminology (QC)

There has been scant research on how prison disciplinary processes work in comparison to the myriad of studies on individual, situational, and prison-level factors associated with prison misbehavior. This exploratory research delved into staff and prisoners’ perceptions of a prison system’s disciplinary process. Using in-depth interviews with 25 staff and 25 prisoners as well as direct observation of classification and disciplinary hearings, this research primarily focused on perceptions of fairness. It uncovered those features of the disciplinary process that prisoners and some staff assessed as problematic and unfair. These included: the nature, consistency, and investigation of disciplinary reports, the use …

Duran, Robert J., Gang Life In Two Cities: An Insider’S Journey, Robert Donald Weide

Qualitative Criminology (QC)

"In his newly published book, former gang member and probation officer Robert J. Duran provides both a compelling comparative ethnography of gang life in two middle American cities, Denver, Colorado and Ogden, Utah, as well as a needed critical analysis of both the historical and contemporary roles of colonial oppression and law enforcement practices and policies that have contributed to the formation and perpetuation of gang identities in the barrios of those cities. Although neither cites the other’s work, I think it is fair to cast Duran’s book as a counterpart to Michelle Alexander’s celebrated work The New Jim Crow …

Howard S. Becker, Outsiders: Studies In The Sociology Of Deviance, Kenneth D. Tunnell

Qualitative Criminology (QC)

"While recently reviewing a manuscript submission for a sociology journal and noticing Becker’s (1963) appearance in the body of the text, I discovered, when skimming the references, that the citation read “The Outsiders.” I remember wondering just how familiar the authors may have been with Outsiders or if they had actually read it – given that they got the title wrong. After all, Outsiders has become one of those books that simply must be cited. And, with growing interest among younger scholars in field research, deviant groups, cultural criminology and inductive analysis, Outsiders has become symbolic of good work that …

Student’S Crime Data Research Attracts National Ethics Symposium Attention, Kim Hill

News and Events (Discontinued Series)

No abstract provided.

Ministry Of Palestinian Prisoners V. Minister Of Defense, Edna Arbel, Isaac Amit, Uri Shoham

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Petitions request shortening the periods of detention prescribed in the security legislation in the West Bank, including in the Order Regarding Security Provisions [Consolidated Version] (Judea and Samaria) (no. 1651), 5770-2009 (hereinafter: the “Order”), such that they match the periods applicable to Israeli citizens in the West Bank and those of detentions prescribed in Israel.

The High Court of Justice (Justice E. Arbel, …

Summary Of Lachance V. State, 130 Nev. Adv. Op. 29, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether (1) the sufficiency of the evidence supported the defendant’s domestic battery by strangulation and domestic battery causing substantial bodily harm convictions; (2) the convictions and sentences for possession with intent to sell and simple possession based on possession of the same controlled substance violates the Double Jeopardy Clause; (3) the defendant received adequate notice of the State’s intent to seek habitual criminal status; and (4) the district court properly adjudicated the defendant as a habitual criminal.

Will There Be A Neurolaw Revolution?, Adam Kolber

Faculty Scholarship

No abstract provided.

Applying Sex Offender Registry Laws To Juvenile Offenders: Biases Against Adolescents From Stigmatized Groups, Jessica M. Salerno, Margaret Stevenson, Cynthia J. Najdowski, Tisha R.A. Wiley, Bette L. Bottoms, Liana Peter-Hagene

Psychology Faculty Scholarship

The need to protect children from dangerous sex offenders has led to policies that require juvenile sex offenders to register on public online registries. It is important to determine the implications of these laws for the wellbeing of child victims and also for juvenile offenders on these registries. Is the application of these laws—designed for adult offenders—to juveniles appropriate, necessary, and supported by public sentiment? The chapter reviews current sex offender registration policies and psychological research addressing whether the assumptions underlying these laws are supported by research, public sentiment toward these laws, factors that might drive biases against stigmatized youth …

The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness

West Virginia Law Review

No abstract provided.

Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth

Chicago-Kent Law Review

What role can lawyers play in the internal disputes of a community to which they are outsiders? This essay highlights two core rationales for outsider intervention in support of internal dissent. It examines these rationales in the case of capital defenders from the U.S. North in the U.S. South. The position as an outsider can provide the will and freedom to launch direct attacks on injustice. Frequently, outsiders also bring superior resources for the fight. When outsiders engage in direct social critique, however, they can be accused of cultural imperialism. As an alternative, outsider lawyers can marshal indirect challenges, using …

Rethinking Traditional Conceptions Of Child Pornography: An Analysis Of How The U.S. Supreme Court Decision In Stevens Impacts The Illinois Supreme Court's Decision In People V. Hollins, James D. Konstantopoulos

Chicago-Kent Law Review

In 2010, the U.S. Supreme Court, in deciding United States v. Stevens, held that rational basis review was no longer sufficient to criminalize depictions of acts if the acts depicted are themselves legal. In 2009, Marshall Hollins entered into a consensual sexual relationship with his seventeen-year old girlfriend. As is becoming common in our technological era, where every phone can record video and photographs and send those files to other devices, Mr. Hollins and his girlfriend used the technology available to them to document one of their excursions. Following his conviction for child pornography, Mr. Hollins challenged the Constitutionality of …

Lost In Translation: The Accidental Origins Of Bond V. United States, Kevin L. Cope

Michigan Law Review First Impressions

One of the unusual features of cases about the constitutionality of federal statutes is that they are nearly always foreseeable. Even before the bill’s introduction in Congress, lawmakers are often aware that they are inviting a federal lawsuit. Anticipating a legal challenge, legislators and their staffs attempt to predict the courts’ views of the statute and adapt the bill accordingly. Generally speaking, the bigger the bill’s potential constitutional impact, the more foreseeable the resulting case. By this logic, jurists should have seen the constitutional issues in Bond v. United States from a mile away. In reality, they were foreseen by …