Social and Behavioral Sciences Commons^™

Theorizing Failed Prosecutions, Jon B. Gould, Victoria M. Smiegocki, Richard A. Leo

Journal of Criminal Law and Criminology

Over the last twenty years, the scholarly field of erroneous convictions has skyrocketed, with multiple articles and books exploring the failures that convict the innocent. However, there has been comparatively little attention to the other side of the coin, failed prosecutions, when the criminal justice system falls short in convicting the likely perpetrator. In this Article, we take up an analysis of failed prosecutions, simultaneously seeking to define its breadth and explain its relation to erroneous convictions. We explore potential hypotheses for the existence of failed prosecutions and then compare those theories to a set of failed prosecutions compiled from …

Human Trafficking Of People With A Disability: An Analysis Of State And Federal Cases, Andrea Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

The current academic discourse examining human trafficking is lacking in focus on survivors with a disability. The increased likelihood of abuse experienced by people with a disability is well documented in the research literature, and a small body of research indicates heightened sex trafficking victimization of minor girls with a disability. Yet, very little research specifically examines sex and/or labor trafficking of people with a disability, and no systematic research analyzes prosecuted cases of trafficking with disability as the focal point of analysis. Drawing from a content analysis of 18 federal and 17 state cases of human trafficking, the current …

Three Theoretical Approaches To Lemkin’S Definition Of Genocide, Jonathan Hobson

Genocide Studies and Prevention: An International Journal

This paper is an exploration of genocide prosecutions since the inception of the term in 1944 by Raphael Lemkin, its legal definition by the United Nations in 1948, and the eventual establishing of the International Criminal Court in 1998. The paper is in three parts. The first part examines the history of genocide legislation, particularly the international legal frameworks established since Lemkin first devised the term in 1944. The second part details, for the first time, the extent of genocide prosecutions to date. To do so, it employs material from various international criminal tribunals, the International Criminal Court, national courts, …

Cybercrime And Digital Forensics: Bridging The Gap In Legislation, Investigation And Prosecution Of Cybercrime In Nigeria, Kabiru H. Mohammed, Yusuf D. Mohammed, Abiodun A. Solanke

International Journal of Cybersecurity Intelligence & Cybercrime

The advancement of Information and Communication Technologies (ICT) opens new avenues and ways for cybercriminals to commit crime. The primary goal of this paper is to raise awareness regarding gaps that exist with regards to Nigeria’s capabilities to adequately legislate, investigate and prosecute cases of cybercrimes. The major source of cybercrime legislation in Nigeria is an act of the National Assembly which is majorly a symbolic legislation rather than a full and active legislation. In perusing these avenues of inquiry, the authors seek to identify systemic impediments which hinder law enforcement agencies, prosecutors, and investigators from properly carrying out their …

Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the …

Two Questions, The Same Answer: The Role Of Demand In Prostitution And Sex Trafficking, Shamere Mckenzie

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon

New England Journal of Public Policy

Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It …