How To Expand Rape By Deception And Protect Consent,
2022
University of Massachusetts School of Law
How To Expand Rape By Deception And Protect Consent, Ricardo Licea
University of Massachusetts Law Review
The trend towards accepting the violation of consent as the underlying wrong addressed by rape law conflicts with the almost universal rejection of rape by deception. Rape by deception is limited to fraud in the factum, however the exclusion of fraud in the inducement finds no support under a consent framework. The principal objections to the expansion of rape by deception are that it will criminalize common behavior, that rape by deception produces only minor harm, and that self-protection is a viable alternative. Analogizing from the criminalization of deception to obtain money shows that the criminal deception statutes need not ...
The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law,
2022
Associate Professor of Criminal Law - College of Law Ajman University
The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdul Aziz Ahmed Al Hassan
Journal Sharia and Law
This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding. Through the ...
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression,
2022
George Washington University
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
University of Miami Race & Social Justice Law Review
The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law ...
The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right,
2022
Villanova University Charles Widger School of Law
The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right, Sara Hildebrand, Ashley Cordero
Villanova Law Review
No abstract provided.
America’S Cash Bail Crisis: Learning From Our Common-Law Roots,
2022
Loyola Law School - Los Angeles
America’S Cash Bail Crisis: Learning From Our Common-Law Roots, Jake Feiler
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Recalibrating The Sex Offender Registration System,
2022
University of St. Thomas, Minnesota
Recalibrating The Sex Offender Registration System, Erin Schoenbeck Byre
University of St. Thomas Law Journal
No abstract provided.
Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria,
2022
The American University in Cairo AUC
Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie
Theses and Dissertations
The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space ...
Criminal Justice Expertise,
2022
University of Colorado Law School
Criminal Justice Expertise, Benjamin Levin
Fordham Law Review
For decades, commentators have adopted a story of mass incarceration’s rise as caused by “punitive populism.” Growing prison populations, expanding criminal codes, and raced and classed disparities in enforcement result from “pathological politics”: voters and politicians act in a vicious feedback loop, driving more criminal law and punishment. The criminal system’s problems are political. But how should society solve these political problems? Scholars often identify two kinds of approaches: (1) the technocratic, which seeks to wrest power from irrational and punitive voters, replacing electoral politics with agencies and commissions, and (2) the democratic, which treats criminal policy as ...
In Sickness And In Health: Effects Of Covid-19 On Felony Crime In Washington County, Arkansas,
2022
University of Arkansas, Fayetteville
In Sickness And In Health: Effects Of Covid-19 On Felony Crime In Washington County, Arkansas, Layne Roberts
Economics Undergraduate Honors Theses
This research explores potential connections to the COVID-19 pandemic and felony crime levels, as seen in the categories of business crimes, domestic violence, and theft. The COVID-19 pandemic has rearranged what was previously known about the world, in every aspect of life. From jobs to public life to even government, at every level worldwide there was a fundamental change. Therefore, it stands to reason that crime was also affected by this massive shift in the overall state of being. This research examines how much of an effect there was on crime rates in Washington County, Arkansas by measuring amounts and ...
The Restorative Prison: Essays On Inmate Peer Ministry & Prosocial Corrections,
2022
University of North Florida
The Restorative Prison: Essays On Inmate Peer Ministry & Prosocial Corrections, Michael A. Hallett
Showcase of Faculty Scholarly & Creative Activity
Drawing on work from inside some of America’s largest and toughest prisons, this book documents an alternative model of "restorative corrections" utilizing the lived experience of successful inmates, fast disrupting traditional models of correctional programming. While research documents a strong desire among those serving time in prison to redeem themselves, inmates often confront a profound lack of opportunity for achieving redemption. In a system that has become obsessively and dysfunctionally punitive, often fewer than 10% of prisoners receive any programming. Incarcerated citizens emerge from prisons in the United States to reoffend at profoundly high rates, with the majority of ...
Symposium Transcript,
2022
University of Richmond
A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health,
2022
University of Richmond School of Law
A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health, Sogand Falahatpour
Richmond Public Interest Law Review
Racism is a public health crisis and it is killing Black youth. Systemic racism
in education is a root cause of a long list of inequities faced by Black
youth. These inequities compound over the years and create extreme hurdles
to academic success and, in many cases, are hazardous to overall health.
The school-to-prison pipeline is a severe health equity issue affecting
Black children and adolescents. Racism is a core social determinant of health
that has a profound impact on child and adolescent health. Moreover, health
is not just an individual matter; institutional and structural forces influence
who has access ...
Supply And Demand In The Illegal Employment Of Undocumented Workers,
2022
UNT Dallas College of Law
Supply And Demand In The Illegal Employment Of Undocumented Workers, Brian Owsley
Catholic University Law Review
The United States is in a quandary regarding immigration. There are over eleven million undocumented aliens residing in the country with about eight million of them working in the American economy.
The federal government has criminalized the illegal entry and the illegal reentry into the United States. Moreover, it has enacted a statute making it illegal to smuggle or harbor aliens. Federal prosecutors across the country have aggressively prosecuted people in violation of these statutes. At the same time, Congress criminalized the illegal employment of undocumented workers, but federal prosecutors rarely ever charge employers with violating this statute.
The economic ...
Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer,
2022
University of Richmond School of Law
Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky
Richmond Public Interest Law Review
A School Resource Officer (“SRO”) is a law enforcement officer employed
by local law enforcement agencies to provide security to public schools. As
a result of fatal and highly publicized school shootings such as Columbine
and Parkland, SROs have become a fixed aspect of many school communities.
There are tens of thousands of SROs patrolling the halls of Virginia’s
public elementary and secondary schools every year. Despite their intended
purpose to keep students safe and prevent crime, SROs too often contribute
to the school-to-prison pipeline. When SROs are brought into the classroom
to address “disruptive” behaviors, students are at ...
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities,
2022
American University Washington College of Law
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca J. Hamilton
Boston College Law Review
Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platform-enabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social ...
Indiana Jones And The Illicit Excavation And Trafficking Of Antiquities: Refining Federal Statutes To Strengthen Cultural Heritage Protections,
2022
Boston College Law School
Indiana Jones And The Illicit Excavation And Trafficking Of Antiquities: Refining Federal Statutes To Strengthen Cultural Heritage Protections, Marina F. Rothberg
Boston College Law Review
Most nations consider the protection of cultural material, such as historical monuments, archaeological sites, and antiquities, to be of utmost consequence. Yet, despite the near-universal importance of safeguarding cultural heritage, domestic protections for cultural material in the United States tend to be difficult to interpret. These ambiguities and gaps allow for continued exploitation and illicit trafficking of cultural heritage. This Note focuses on the legal structures in the United States that safeguard indigenous cultural material. After briefly discussing the rationale behind safeguarding objects of heritage, this Note explores the dominant federal statutes that protect cultural material: the National Historic Preservation ...
Choosing Children: Preventing Intra-Family Conflict From Feeding The Prison Pipeline,
2022
University of Richmond School of Law
Choosing Children: Preventing Intra-Family Conflict From Feeding The Prison Pipeline, Samantha D. Mier
Richmond Public Interest Law Review
Parents struggling to raise challenging children often lack needed community
support. These parents turn to law enforcement when they feel their
child cannot be controlled. Problematically, law enforcement officers are
trained to respond to crime, not simple parent-child domestic disputes. Thus,
when parents call police during disagreements, the argument may end in arrest
and contact with the juvenile court system. Interaction with the juvenile
justice system carries a myriad of risks. This comment outlines the risks inherent
in calling the police and entering the juvenile court system. The author
evaluates existing alternatives to calling law enforcement and recommends
that communities ...
Psychosis, Heat Of Passion, And Diminished Responsibility,
2022
University of Florida Levin College of Law
Psychosis, Heat Of Passion, And Diminished Responsibility, E. Lea Johnston, Vincent T. Leahey
Boston College Law Review
This Article calls for the creation of a generic partial excuse for diminished rationality from mental disability. Currently, most jurisdictions recognize only one partial excuse: the common law heat-of-passion defense. Empirical research demonstrates that populations with delusions experience similar impairments to decision-making capacities as people confronted with sudden, objectively adequate provocation. Yet, current law affords significant mitigation only to the latter group, which only applies in murder cases. Adoption of the Model Penal Code’s “extreme mental or emotional disturbance” (EMED) defense could extend mitigation to other forms of diminished responsibility. However, examination of jurisdictions’ adoption and utilization of the ...
Failed Promises: Stand Your Ground's Removal Of Imminence Leads To Inconsistent Application And Decreased Safety,
2022
The University of Akron
Failed Promises: Stand Your Ground's Removal Of Imminence Leads To Inconsistent Application And Decreased Safety, Nichole Hamsher
Akron Law Review
Self-defense, while universally recognized as a natural human right, embodies a complex set of scenarios that hinges on the level, place, and imminence of a threat to life. The modern expansion of self-defense laws, namely Stand Your Ground, allows for a wholly subjective anticipation of a threat by removing the duty to retreat, and withdraws both criminal and civil accountability. Such expansion has not afforded increased protection to those who need to use force in self-defense, such as domestic abuse victims, nor has it lowered crime rates, but actually works against such victims and increased homicide rates while not deterring ...
The Future Of The Allen Charge In The New Millennium,
2022
University of Arkansas, Fayetteville
The Future Of The Allen Charge In The New Millennium, Caleb Epperson
Arkansas Law Review
"In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same." Following the death of George Floyd on May 25, 2020, social and political movements grew rapidly nationwide to combat the prevalence of police brutality against African-American communities. The impact of the ongoing Black Lives Matter movement has been observed in both cities across the United States and in related movements internationally. This movement highlights the necessity for police reform and catalyzes the public’s growing call for greater criminal justice reform. To achieve the ...