Criminal Law Commons^™

Inmate Assistance Programs, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This paper analyzes the deterrence implications of different inmate assistance programs (IAPs), carefully distinguishing between deterrence of first offenses and recidivism. All IAPs considered in our model reduce recidivism, and we identify IAPs that also reduce the first offense rate. However, IAPs which increase work opportunities, improve the reintegration of exiting inmates, and moderate individual’s self-control issues may lower the deterrence of first offenses, if this possibility is not adequately anticipated when designing these IAPs.

Administrative Arrest Warrants: Armed Encounters Outside The Judicial Process, Meg Penrose

Faculty Scholarship

This Article considers three related questions. First, is a person “seized” under the Fourth Amendment when law enforcement restricts a person’s movements in their home and limits their ability to leave or go about their business? Second, does the answer to this seizure inquiry turn on the person’s citizenship status? And third, how do lawyers ensure that courts discard bad law? This last question is not a qualitative assessment— with good and bad law being tied to one’s legal ideology. Rather, certain legal holdings, dating back over half a century, have been whittled away if not entirely eroded. When this …

Will Federal Compassionate Release Survive The Death Of Chevron?, Jaden M. Lessnick

Nevada Law Journal

In early 2023, the United States Sentencing Commission promulgated a compassionate release policy statement that will reverberate throughout the federal sentencing system for decades to come. In resolving an issue that had sharply divided the circuits, the Commission determined that certain nonretroactive changes in sentencing law could constitute “extraordinary and compelling reasons” for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). For the hundreds of people serving astronomical sentences that could not be imposed after the First Step Act of 2018, this amended policy statement holds much promise. Under Chevron and its progeny, the Commission’s policy statement should supersede prior, …

The Insufficiency Of Battered Women’S Syndrome Evidence And The Need For Resentencing Legislation For Criminalized Survivors Of Domestic Violence, Alice Samberg

Nevada Law Journal

No abstract provided.

Child-Taking, Diane Marie Amann

Michigan Journal of International Law

A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done, and the children are lost. But that may be changing, as the International Criminal Court (“ICC”) is seeking …

The Role Of Pornography In The "Rough Sex" Defence In Canada, Lise Gotell, Isabel Grant, Elizabeth Sheehy

Dalhousie Law Journal

Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, …

The Judicial Policy Of Ratio Decidendi Regarding Corporate Criminal Liability Towards Just Judgments, Fajar Dian Aryani, Pujiyono Pujiyono, Sidharta Sidharta

Indonesia Law Review

Observing the workings of law in Indonesia is very intriguing, particularly regarding corporations in the era of globalization. In this context, the refunctionalization of law in the enforcement of corporate law is interpreted as a process of legal renewal and a part of a progressive and reformative legal political process. In this regard, the legal interpretation of corporate liability principles becomes the main focus of this dissertation. It appears that corporate liability, which is key to prosecuting corporations, still requires more serious efforts to be articulated in practical terms, leading to fair judicial decisions for both the corporation itself and …

The Impact Of Adverse Childhood Experiences And Child Protective Services Involvement On Juvenile Delinquency, Liana Pachot

Master of Arts in Human Services

In this paper, the aim is to study the relationship between adverse childhood experiences and the cause and effect that these experiences have on adolescent behavior that leads to delinquency involvement. Along with this, we will look at the impact of human services professionals, like child protective services, and their impact on these challenging behaviors and goal of decreasing recidivism. We will look at the structure of the juvenile justice system, and how human service professionals play a role in the systems that impact the adolescent delinquency population. There will also be a breakdown of what Adverse Childhood Experiences are …

Indiana Law Supporting Newly Established Indiana Innocence Project, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Law students from the Indiana University Maurer School of Law will have the opportunity to help exonerate wrongfully convicted Hoosiers through the newly established Indiana Innocence Project, which officially launched Saturday (Aug. 17).

Established in association with the national Innocence Project—which has helped free more than 240 wrongfully convicted prisoners since 1992—the Indiana Innocence Project (INIP) has been made possible through the support of the Herbert Simon Family Foundation, along with the Law School and IU’s Department of Criminal Justice.

The Indiana Innocence Project will screen and investigate cases with meritorious innocence claims, secure DNA testing when biological evidence …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

The Politics Of Possession And Gun Violence: The Bruen Decision's Impact On Firearm Regulation, Jacob Butler

JCLC Online

States struggle to implement new firearms policies because they are

limited by two major forces: the political feasibility of passing new firearms

legislation and an increasingly broad and individualized Second Amendment

right. Due to this conflict, states continually return to one of few

constitutional yet politically popular methods of gun control: enacting

possession-based firearms laws. These laws are largely ineffective at

reducing gun violence.

In the 2022 Supreme Court decision New York Rifle and Pistol

Association v. Bruen, the Court further expanded the scope of the Second

Amendment to protect the individual’s right to bear arms outside of the …

Centering The People’S Voice In Teaching And Learning First-Year Criminal Law, Fareed Nassor Hayat

Criminal Law Practitioner

This article proposes a people-centered approach to teaching first-year criminal law that elevates the people’s voice by using rap music to understand complex legal concepts. Incorporating rap music transforms the classroom and the practice of law to include those it has previously excluded and provides a people-centered means to expand legal education more broadly.

Moving Beyond Yoga: An Exploratory, Qualitative Study Of Public Defenders’ Solutions For Improving Work-Life And Effective Assistance Of Counsel, Alisa M. Smith

Criminal Law Practitioner

This study employs a thematic analysis of public defenders’ responses to open-ended questions concerning their lived experiences, motivations, and challenges, and their proposed solutions for improving their work-life balance and the criminal legal system.

Justice Theater In The Criminal Law Curriculum, Gregory Brazeal

Cardozo Law Review

For the last half-century, law students have been required to take a criminal law course that ostensibly trains them to think critically about the justifications for criminal punishment. The same students have then gone on to serve as central actors in a system of mass incarceration that millions of Americans today view as profoundly unjust.

How did this happen?

A number of legal scholars, notably including Alice Ristroph in her 2020 Article “The Curriculum of the Carceral State,” have argued that the traditional criminal law curriculum has played a role in creating and reproducing the practices of mass incarceration. This …

Is Grammar Religious Exercise? Addressing Transgender Students And The Limits Of The Complicity Doctrine, Saul R. Thorkelson

Cardozo Law Review

May teachers reject transgender students’ names and pronouns on religious grounds? Across the United States, many schools and universities have adopted policies calling on staff to use all students’ designated first names and gender-congruent pronouns. A number of conservative Christian teachers have claimed that they cannot address transgender students in this way without violating their religious beliefs. In several cases, after unsuccessful attempts by administrators to accommodate these objections, teachers who were subject to employment consequences have brought lawsuits alleging violation of their religious liberty and free speech rights.

This Note employs two recent cases to examine courts’ reasoning on …

Criminalizing Ecocide, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …

Office Of Attorney General: Peter F. Neronha, Attorney General: Access To Public Records Act ; Open Meetings Act (Powerpoint Presentation), Office Of The Attorney General Of Rhode Island, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Amicus Brief Of Legal Scholars Lee Kovarsky Et Al. In Support Of Petitioner, Ira P. Robbins

Amicus Briefs & Court Filings

QUESTION PRESENTED: Whether a second-in-time habeas claim filed while an appeal from the judgment on an initial habeas claim is still pending counts as a second or successive habeas petition under 28 U.S.C. § 2244(b)

INTEREST OF AMICI CURIAE: Amici curiae are law professors and legal scholars who study federal post-conviction law and civil procedure. Amici curiae have no personal interest in the outcome of this case. They all share an interest in seeing habeas law applied in a way that ensures the just and timely adjudication of claims while preserving the traditional and intended operation of the Federal Rules …

The Voice Of Criminal Law, Michelle Madden Dempsey

Faculty Publications

In whose voice does the criminal law speak, and why does it matter? Miriam Gur-Arye argues that the answer to the first question depends on the kind of duty violated by the crime at issue. In some cases (say, election fraud or tax evasion), the criminal law speaks in the voice of the polity—but in other cases (say, murder or rape), it speaks in the voice of human beings. Or so argues Gur-Ayre. Not surprisingly, perhaps, a lot depends on what one means by the voice of the criminal law. In this paper, I defend two related arguments. First, the …

Presidents, Congress, And Classified Information: The Constitutional Limitations And Processes Required To Declassify Information, Nick Dunard

Catholic University Law Review

On August 8 2022, the Federal Bureau of Investigation executed a search warrant at former President Donald Trump’s Mar-a-Lago Resort. The search uncovered hundreds of documents bearing various classification and governmental markings. On June 8, 2023, Trump was indicted in the Southern District of Florida on thirty-seven counts of unlawful retention of national defense information. Almost immediately after the search, the former President and his allies advanced a theory that Trump’s retention of classified documents was permissible because he had declassified the documents before leaving office on January 20, 2021. The former President has repeatedly mentioned these arguments in both …