Criminal Law Commons^™

Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Sotomayor Cites Maurer Faculty Member In Scotus’ Decline To Hear Alabama Bite Mark Case, James Owsley Boyd

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

The case of an Alabama man convicted of murdering his wife in 1985 will not be reviewed by the U.S. Supreme Court, despite evidence that, nearly 40 years later, has been “wholly discredited.”

The Supreme Court denied certiorari in the case of McCrory v. Alabama, but Justice Sonia Sotomayor cited research from Indiana University Maurer School of Law Professor Valena Beety in her concurring agreement with the court’s decision.

Charles M. McCrory was convicted for the murder of his wife, Julie Bonds, based in large part on expert testimony from an odontologist who matched McCrory’s teeth to two bite marks …

Criminal Confrontation Of The Crime Committed Via An Automated Robot In Libyan And Emirati Law, . Mashaallah Alzwae

Journal of Police and Legal Sciences

Today's world is witnessing an important development in telecommunications, information technology and computers that has resulted in what are known as automated robots as one of the most important applications of artificial intelligence and has increased reliance on them in various areas of life for the importance of the services they provide to humanity. However, such robots may be used to commit an offence and the study therefore aims to determine the effectiveness of legal texts in the face of the offence from which they may occur. The study required an analytical and comparative approach by analysing and comparing the …

Imperfect Insanity And Diminished Responsibility, E. Lea Johnston

UF Law Faculty Publications

Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness.

This Article proposes a generic partial excuse: Diminished Responsibility from Mental Disability. This excuse could be asserted as an affirmative defense at …

Trauma-Focused Justice: Recognizing Systemic Trauma, Samantha Buckingham

University of Arkansas at Little Rock Law Review

No abstract provided.

When (And Where) Is A Crime A Crime? “Double Criminality” As A Principle Of Fundamental Justice, Robert J. Currie

Articles, Book Chapters, & Popular Press

The idea that crime crosses borders is fast becoming ordinary, even old hat, particularly in an age of online crime such as ransomware attacks, cyber-extortion and the like. As we have become more geographically mobile, however, it is increasingly common for people to have engaged in criminal conduct in one state1 but then seek to exercise legal rights, or face legal entanglements, in others. Legal questions can then arise about what effect should be given by one state—in this article, Canada—to an individual’s conduct that was, or is alleged to have been, a crime in a foreign state. The inquiry …

Whistle-Blowing And The Incentive To Hire, Jef De Mot, Murat C. Mungan

Faculty Scholarship

We consider a previously neglected cost of whistle-blower awards: employers may base their hiring decisions, on the margin, not on the productivity of an employee but rather on the probability that the employee will become a whistle-blower. We develop a three-stage model to examine how productivity losses due to distortions at the hiring stage influence optimal whistle-blower rewards. We characterize optimal rewards for whistle-blowing, and show that when rewards can be chosen according to either the benefits of the employer from offending or the productivity of the worker being hired, productivity-based rewards are superior to benefit-based rewards.

Confrontation, The Legacy Of Crawford, And Important Unanswered Questions, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

The right to confront has a long history. In the United States, the Confrontation Clause provides: “In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him[.]” One of the most troublesome areas of Confrontation Clause jurisprudence has been the Clause’s application to “hearsay statements offered against a criminal defendant pursuant to a hearsay exception or exemption[.]” The Supreme Court’s confrontation analysis in this situation once hinged on the statement’s reliability, with the traditional hearsay rule and its exceptions and exemptions as a guide. But in Crawford v. Washington, the Court considered …

Negotiating Police Reform, Cynthia Alkon

Faculty Scholarship

In the summer of 2020, after the murder of George Floyd, the national conversation around police reform intensified and was part of a conversation with students at Texas A&M University School of Law. Students wanted more discussion and teaching about police, police misconduct, police reform, and defunding the police. Following those discussions, I created a simulation on local level police reform that, as of this writing, I have used twice in my negotiation class. Simulations are helpful teaching tools in a variety of settings, including law schools. Simulations can be particularly useful to help students discuss difficult topics in different …

The Needless Search For A Founding-Era "Hearsay" Definition, Jeffrey Bellin

Faculty Publications

Modern Confrontation Clause doctrine permits only unconfronted “out-of-court statements that would have been admissible in a criminal case at the time of the founding.” To operationalize this concept, the Supreme Court identifies “testimonial hearsay” as the Clause’s primary concern. Its opinions regularly dive into the historical record to refine what counts as “testimonial” but ignore that record in defining “hearsay.” This omission cannot last. Cases in the lower courts, and one on the Court’s recent docket, concern testimonial but (arguably) non-hearsay statements. And while confrontation jurisprudence is supposed to be tied to founding-era evidence law, the “hearsay” definition, casually referenced …

Penyelesaian Kerugian Negara Yang Disebabkan Tindak Pidana Korupsi Dalam Pengelolaan Keuangan Negara Di Badan Usaha Milik Negara Pt. Asabri (Persero), Bayu Saputro

Jurnal Hukum & Pembangunan

This article aims to examine the settlement of state losses caused by criminal acts of corruption in the management of state finances at the State-Owned Enterprise PT. Asabri (Persero). The research results show that the financial status of BUMN PT. Asabri is state finance, so when a criminal act of corruption occurs, a mechanism is needed to resolve state losses. Criminal law enforcement has been carried out as well as a mechanism for paying compensation to the state to resolve state losses. However, it seems that the settlement of state losses by convicts through the payment of compensation money to …

The Role Of The International Society In Implementing Principle Of Rohingya Crisisthe Responsibility To Protect – With Special Reference To Myanmar –, Hiba Mdawar

Al Jinan الجنان

Regarding the importance of the human rights and the need to ensure a worldwide respect and fulfilment, the international community has always attempted to find adequate measures to guarantee this protection as part of the United Nations’ member States commitment to the UN Charter. The international community has developed a new mechanism to hopefully replace the principle of intervention, that is the “Responsibility to Protect”. This new mechanism is still yet under controversies and doubts, but nevertheless it is a tool to put an end to human rights violations namely when it comes to the right of life. To ignore …

Stevens Foundation Selects Four Law Students As 2024 Fellows, James Owsley Boyd

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

The John Paul Stevens Foundation has chosen four Indiana University Maurer School of Law students to serve as 2024 Stevens Fellows this summer. The Foundation made the announcement today (June 26).

Selection as a Stevens Fellow comes with $12,000—half from the Foundation, half from the Law School—to help offset the cost of unpaid public interest work over the summer. This year’s Stevens Fellows are Kristal Davis ’25, from Lansing, Michigan; Allegra Maldonado ’25, from Indianapolis; James Monroe ’25, from Naperville, Illinois; and Niara Wakaba ’26, from Louisville.

Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan

Genocide Studies and Prevention: An International Journal

This article focuses on the law banning genocide denial and other war crimes and the glorification of convicted war criminals imposed in Bosnia and Herzegovina by the former High Representative Valentin Inzko in mid-2021 to facilitate the country’s reconciliation process. It first positions the genocide denial ban into the vast category of memory laws by examining its content and scope, as well as the reactions and consequences it has provoked up to now. The article maintains that an internationally imposed memory law cannot create reconciliation in a deeply divided society. It shows, on the contrary, that the imposed legislation has …

Google Searching For The Truth: Examining The Admissibility Of Internet Search History, Chisup Kim

Washington Journal of Law, Technology & Arts

The internet has become more ubiquitously available than ever before, with search engines serving as the portals to an unparalleled amount of information. As a byproduct of this phenomenon, a vast amount of internet search history has also begun to enter legal proceedings as evidence. The most intimate questions that defendants have asked their search engines have begun to be examined under the scope of the Federal Rules of Evidence or a state equivalent. This Comment examines the admissibility of internet search history and provides a general legal framework based on the Federal Rules of Evidence. Drawing upon six cases, …

State-Sanctioned Slavery: The Political Economy Of Prison Labor, Avneet Sidhu

University Honors Theses

This thesis explores the interconnected relationship between the political institution of government and economic development with a particular focus on the United States Constitution’s role in explicitly legalizing coerced carceral labor and the direct impact this has on various economic aspects. The Thirteenth Amendment of the Constitution has long been hailed as a guiding light of freedom and justice, and yet, still to this day, it contains a paradoxical loophole that explicitly permits involuntary servitude as punishment for crime. This exemption has long been exploited in order to perpetuate a system of state-sanctioned slavery, in which incarcerated laborers are exploited …

"You're Going To Make A Hell Of A Corrections Man Someday": Work Experiences Of Female Wardens And Superintendents, Karen A. Altendorf

Qualitative Criminology (QC)

"This project describes the experiences of female wardens and superintendents in state correctional facilities in the United States. There has been little research on women in leadership positions in corrections; most research has focused on females working in non-traditional occupations or as corrections officers. This project describes how women negotiate gender in a masculine organizational culture where they are not always welcome. In-depth interviews were conducted with twenty-nine wardens and superintendents from thirteen states. The subjects discussed various issues women working in corrections face, from appearance to interacting with inmates and coworkers, being under near-constant scrutiny as women, and being …

A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas

Qualitative Criminology (QC)

Although there is growing literature examining system-involved mothers, little is known about their parenting experiences and coping mechanisms. Using Braun and colleagues’ (2006; 2022) reflexive thematic analysis approach, this qualitative study examines the parenting experiences of forty-four mothers incarcerated in a Midwestern correctional center. The data were gathered from interviews with incarcerated mothers and included accounts of the women’s experiences before and during their incarceration. The narratives illustrate how background experiences (i.e., sexual and physical abuse, drug dependency, and childhood experiences) shape women’s experiences of mothering, perceptions of the effects of incarceration on their children, and reentry plans. Results from …

"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn

Qualitative Criminology (QC)

"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …

"They Say Where There’S Smoke, There's Fire; But Sometimes It's A Self-Induced Fire": Understanding Claims Of Unequal Treatment Among Mexican-American Officers In The Los Angeles Police Department, Roberto Gallardo

Qualitative Criminology (QC)

"Serving as an ethnographic case study and utilizing qualitative interviews, this study focuses on Mexican-American police officers and their perceptions of claims of unequal treatment based on race/ethnicity from other officers. The study finds that officers ideologically stand firmly against racism and discrimination. When non-overt claims of unequal treatment based on race/ethnicity are encountered, officers develop negative perceptions of claiming officers. Officers revert to individualized, merit-based, and other colorblind justifications to interpret and dismiss the claims. It is argued that given the lack of the overt nature of most claims today, facilitated by the most common occupational context in which …