Criminal Law Commons^™

Aaron Swartz’S Secret Service Files

United States Department of Justice: Publications

These documents concern the indictment in Massachusetts for downloading JSTOR content from MIT library network.

Parts 1 & 2 are included in the main document.

Additional files are linked below, as follows:

Part 3 (3 files) -- 379 pages, 4067 pages (spreadsheet), & 190 pages (photos)

Part 4 -- 1 page

Part 5 -- 1 page

Part 6 -- 1 page

Part 7 -- 7 pages

Part 8 -- 237,397 pages (yes)

Part 9 -- 90 pages

Part 10 -- 259 pages

Part 11 -- 17 pages

Part 12 -- (not released as of 9/29/2014)

Part 13 -- 254 pages …

Democracy Enhancement In Criminal Law And Procedure, Janet Moore

Faculty Articles and Other Publications

There is a democracy deficit at the intersection of crime, race, and poverty. The causes and consequences of hyperincarceration disproportionately affect those least likely to mount an effective oppositional politics: poor people and people of color. This Article breaks new ground by arguing that the democracy deficit calls for a democracy-enhancing theory of criminal law and procedure that modifies traditional justifications of retributivism and deterrence by prioritizing self-governance. Part I contextualizes the argument within cyclical retrenchments in movements for racial and economic justice. Part II sketches the contours of a democracy-enhancing theory. Parts III and IV turn that theoretical lens …

Redesigning Sentencing, W. David Ball

McGeorge Law Review

No abstract provided.

Going Retro: Abolition For All, Kevin Barry

Loyola University Chicago Law Journal

The opening of the twenty-first century has seen a flurry of death penalty repeals. This development is encouraging, but only partly so. Amidst the cheers for abolition, there is an unfairness of the highest order: the maintenance of the death penalty for some, but not others, for no other reason than the date of their crimes. State legislatures are repealing the death penalty prospectively only, and these states’ executive branches are leaving their prisoners on death row. In New Mexico and Connecticut, a total of thirteen prisoners remain on death row after those states abolished the death penalty. Some states, …

Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Chapter 259: Welcome To The 21st Century! Taking Marital Status Out Of Rape By Misrepresentation, Michelle Carlson

McGeorge Law Review

No abstract provided.

Chapter 919: Audrie’S Law Dramatically Increases The Punishment For Rape Of A Defenseless Victim, Andrew Pinasco

McGeorge Law Review

No abstract provided.

Chapters 859 & 863: Model Revenge Porn Legislation Or Merely A Work In Progress?, Michelle Daniels

McGeorge Law Review

No abstract provided.

The Changing Face Of Espionage: Modern Times Call For Amending The Espionage Act, Lindsay B. Barnes

McGeorge Law Review

No abstract provided.

Skepticism About Deterrence, Thomas S. Ulen

Loyola University Chicago Law Journal

In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …

Under Domestic And International Law, When Does Non-International Armed Conflict Begin, And When Does It End?, Katherine A. Mozynski

War Crimes Memoranda

No abstract provided.

Chapter 231: Putting Swap Meet Animal Vendors In The Dog House: Regulating The Sale Of Animals At Swap Meets, Robert Binning

McGeorge Law Review

No abstract provided.

Chapter 284: Deterring And Paying For Prank 911 Calls That Generate A Swat Team Response, Eric Brumfield

McGeorge Law Review

No abstract provided.

Chapter 398: The Highly-Regulated Hemp Marketplace— Economic Powerhouse Or Law Enforcement Nightmare?, Anthony Serrao

McGeorge Law Review

No abstract provided.

Chapter 797: Un-Handcuffing Minors From The Gang Life, Dacia Anderson

McGeorge Law Review

No abstract provided.

Substance And Procedure In The Reform Of Criminal Sentencing, Franklin E. Zimring

McGeorge Law Review

No abstract provided.

Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello

McGeorge Law Review

No abstract provided.

Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso

McGeorge Law Review

No abstract provided.

Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg

McGeorge Law Review

No abstract provided.

A Suggested Minor Refinement Of Miller V. Alabama, Devina Douglas

McGeorge Law Review

No abstract provided.

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

Faculty Publications

A fundamental aspect of United States criminal law is the presumption of innocence until proven guilty. A corollary right gives every American a Constitutional right to counsel or the right to represent herself in person if she so chooses. In international criminal law, similar fundamental rights are theoretically offered to accused persons under the statutes of the courts and under general international human rights law. However, unlike the U.S. criminal justice system, international criminal tribunals have generally failed to honor the lofty promises contained in their constitutive instruments. But it is not the principled lack of adherence to ensuring the …

The Evolution And Unintended Consequences Of Legal Responses To Childhood Sexual Abuse: Seeking Justice And Prevention, Alexandra Hunstein Roffman

Children's Legal Rights Journal

No abstract provided.

Around The World: A Comparison Of Approaches To Gun Homicides In The United States And Japan, Shay Raoofi

Children's Legal Rights Journal

No abstract provided.

Introduction: Gun Violence Among Youth In Chicago, Amanda Crews Slezak

Children's Legal Rights Journal

No abstract provided.

Opposing Viewpoints: Criminal Statutes Of Limitations In Childhood Sexual Abuse Cases, Victoria Carmona

Children's Legal Rights Journal

No abstract provided.

Through A Child’S Eyes: Gun Violence Among Youth In Chicago, Melissa Anderson

Children's Legal Rights Journal

No abstract provided.

Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment, Sarah Silins

Children's Legal Rights Journal

No abstract provided.

Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

After The Cheering Stopped: Decriminalization And Legalism's Limits, Wayne A. Logan

Scholarly Publications

To the great relief of many, American criminal law, long known for its harshness and expansive prohibitory reach, is now showing signs of softening. A prime example of this shift is seen in the proliferation of laws decriminalizing the personal possession of small amounts of marijuana: today, almost twenty states and dozens of localities have embraced decriminalization in some shape or form, with more laws very likely coming to fruition soon. Despite enjoying broad political support, the decriminalization movement has however failed to curb a core feature of criminalization: police authority to arrest individuals suspected of possessing marijuana. Arrests for …