Criminal Law Commons^™

Sexual Assault Of Women And Adolescent Girls With Mental Disabilities, Janine Benedet, Isabel Grant

All Faculty Publications

This Report considers the research that addresses the sexual assault of women (age 18+) and adolescent girls (12-17) with mental disabilities (disabilities that affect cognition and decision-making, including intellectual disabilities present from birth, dementia, brain injury and certain psychiatric conditions.) These victims are targeted for sexual violence at rates even higher than for women generally. Yet when these women report abuse to authorities, the criminal trial process struggles to provide them with justice, while the consequences of disclosure can be severe and participation in the criminal justice process particularly traumatizing for them.

Brief Of Exonerees As Amici Curiae In Support Of Appellant, Derrick Hamilton

Perlmutter Center Briefs

Amici includes a group of wrongfully convicted individuals who spent years ( for most, decades) in prison for crimes they did not commit. They submit this brief in support of Damien Echols' appeal to the Supreme Court of Arkansas out of concern that, left uncorrected, the decision below would undermine the fundamental right to prove one's innocence and as such suffer the consequences left. Additionally, exonerees suffer beyond anyone's imagination and this Court should not ignore the voices of those who have been similarly situated to that of Damien Echols.

Amici understands all too well the importance of such safeguards. …

“Prison Tiktok”: Incarcerated Life Shared On Social Media, Kayla Reid, Nicole Niebuhr

Qualitative Criminology (QC)

Different areas of the criminal justice system interact with social media, but not much is known about how those incarcerated may be using it. A thematic analysis of “Prison TikTok” videos was conducted in order to gain a better understanding of what those incarcerated are sharing. The most represented themes in the sample are performance, food, prison views, and pains of imprisonment. Performance and food demonstrate creativity within the sample, and highlight how those incarcerated may be looking for creative outlets. Prison and pains of imprisonment include the realities of life incarcerated, and contain messaging that those incarcerated may be …

Blowing In The Wind: Cannabis Legalization, Insiders, And Methodological Insights From British Columbia, Jon Heidt, Johannes Wheeldon

Qualitative Criminology (QC)

Legalizing cannabis in Canada has proven momentous in some ways and insufficient in others. This paper presents findings from a re-analysis of two studies on cannabis legalization conducted in British Columbia (B.C.) before and after legalization. Prioritizing public health over access appears to prolong stigmatization, complicate policing, and undermine efforts to disrupt illicit cannabis markets. We outline three contributions to the nascent post- prohibition cannabis research agenda. First, we demonstrate the potential for secondary data analysis (SDA) and model an approach to address recent concerns about this practice. Second, we show the value of insiders when assessing cannabis policy by …

“I’M Not Unemployed, I’M Unemployable”: Challenges Finding And Sustaining Work For People Requires To Register As Sex Offenders, Jennifer L. Wooldridge, Danielle J. S. Bailey

Qualitative Criminology (QC)

Many individuals convicted of a sexual offense (ICSOs) experience various collateral consequences due to registration requirements, including income loss, unemployment, harassment, social isolation, homelessness, and more. Finding employment post-conviction is a difficult endeavor for many reentering citizens with criminal records, but for ICSOs, the difficulty increases due to their label as sex offenders. When these individuals are unsuccessful in obtaining steady, living-wage employment, it can result in mental health impacts such as depression, hopelessness, and other reactions. This paper seeks to analyze participants’ emotional and mental health reactions to their direct experiences with employment struggles due to registration. What feelings …

Stroking Reflexivity Into Practice: The Pros And Cons Of Resorting To Gatekeepers To Conduct Qualitative Criminological Research, Gabriela Mesquita Borges, Ana Guerreirro, Leonardo Conde

Qualitative Criminology (QC)

Accessing research settings and participants can be deeply challenging for scientific research, especially when gatekeepers are involved. Gatekeepers are known to affect research through, among other reasons, their position inside institutions, their knowledge of the research topic, and their power over prospective participants. This article explores the methodological and ethical challenges that may arise from resorting to gatekeepers to access participants in qualitative criminological research. Using reflexive notes from the fieldwork of two doctoral research projects in criminology, this article emphasizes the central role gatekeepers can assume in qualitative research regarding gaining access to participants for a study and conducting …

Dying In Prison: End-Of-Life Care Services In A State Correctional Facility, Brook Cooley Webb, Mollee K. Steely Smith, Tusty Ten Bensel

Qualitative Criminology (QC)

The aging inmate population in American prisons has noticeably increased, contributing to a more significant number of offenders who will die in prison, thus forcing correctional facilities to aid in caring for prisoners at the end of life. Two common responses have emerged to deliver adequate healthcare to inmates, including hospice programs and End-of-Life (EOL) care services. This study aimed to explore the nature of EOL care in a state prison by interviewing correctional administrators, correctional officers, and relevant medical personnel (N=17). The current study provided insight into the inclusion criteria for inmates who utilized EOL care in the prison …

Reparation For The Irreparable: Is Punishing International Crimes A Universalist Hoax?, Kholoud Hafez Hassan

Theses and Dissertations

This thesis challenges the conventional discourse on international punishment that emphasizes the development of a single, unified system of international criminal justice. Instead, it advocates for a pluralistic approach that recognizes the fragmented nature of international punishment, which involves various actors, including permanent courts, special tribunals, internationalized tribunals, and domestic courts exercising universal jurisdiction. The sui generis nature of international crimes demands a comprehensive approach to punishment that considers multiple perspectives and norms of diverse actors involved. Rejecting the notion of universalism in determining punishment rationales and promoting accounts of sentencing consistency, the author asserts that a global framework can …

This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial, Ryan Fenn

St. John's Law Review

(Excerpt)

Since the invention of television in 1927, the American legal system faced drastic changes. In 1935, the first trial was broadcast to the public in the case of Bruno Hauptmann. During the trial, “[e]laborate telegraph equipment” was installed in the courtroom, with “sound and motion picture equipment . . . plainly visible in the [courtroom] balcony.” From 1935 on, broadcasting technology has been utilized in the courtroom to convey the inner workings of certain courts to the public, which has stimulated debate over whether the use of this technology is conducive to a fair trial under the Sixth and …

Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Abdulaziz Al-Hassan Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one.

The legislator …

Criminal Liability For Artificial Intelligence Crimes, Yahya Ibrahim Dahshan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Artificial intelligence crimes are considered near future crimes If not some of them have now begun, Technological development has helped in recent years - Which accelerated in the current period - In the emergence of many of these crimes, The advanced programming of some Artificial intelligence machines has given the ability to build self-experience, Enabling them to make individual decisions in any situations they face like human beings; So we aim from this study legalization of Artificial intelligence crimes To determine the responsible for those crimes and the penalty is imposed on it; The importance of the subject lies in …

Jordanian Efforts In Combating The Crime Of Terrorism, Mohammad Salameh Alsakarna

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

The study aimed to identify the Jordanian efforts in combating the crime of terrorism by using a comprehensive analytical descriptive legal methodology. The most important results of the study were as follows: A terrorist crime is an international crime because it endangers international peace and security, even if it occurs within countries and from groups that hold its nationality. Jordan's issuance of modern law to prevent terrorism came as a result of global circumstances represented in the growing role of international efforts aimed at combating and eliminating terrorism. Most of the criminal legislation singled out special provisions for the trial …

Fake “Universities” The Concept And Coping Strategies, Prof. Safaa Otani Prof., Hassan Al-Abdallat Dr

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The increase in societal demand for higher education has resulted in a wide spread of global activities of universities and academic institutions. Moreover, the rise of e-learning patterns, distance education, and the increase of non-traditional types of education have prompted the development of quality assurance mechanisms as essential elements to the recognition and accreditation of academic institutions.

The problem that aroused, however, was in the exploitation of these models by certain entities claiming to be universities, idiomatically called the “degree mills”, and taking advantage of the educational environment to gain illegal profits, by selling “fake” degrees to individuals who pay …

The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.

However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly alone …

Substantive Criminal Protection Of Scientific Journals From Phishing: A Comparative Study, Omar Abdul Majid Mosbih Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Academic sector faces many threats relating to ensuring its quality including the spread out of phishing for scientific journals done by cyber criminals with the aim of collecting money through the activities of researchers.

Academic phishing is considered one of the most noticed activities in the field of electronic publishing, especially in the use of knowledge at the electronic environment and the use of information circulation via the internet technology.

However, there are negative effects resulting from electronic phishing of scientific journals. Such effects represented in the loss of the academic work done by the researchers or that of …

The Impact Of Community On The Offender's Reentry Process Using Data From The Serious And Violent Offender Reentry Initiative (Svori) On Adult Males And Females, Meta Jean Schlimpert

Student Theses and Dissertations

The objective of this study is to examine how offenders are impacted by their social environment upon being released from prison. Using data from the Serious and Violent Offender Reentry Initiative (SVORI), the current study aims to examine the potential role of community support along with factors including employment, housing, peer relationships, and family support. By doing so, this study aims to identify difficulties in the reentry process and offer suggestions for improvements in this process. The results of the study are discussed, along with recommendations for future studies and policy implications.

Yemen's Youngest Victims: The Yemen Civil War's Toll On Children, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc

Singapore Law Journal (Lexicon)

It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.

Marital Disharmony: Examining The Adverse Spousal Testimonial Privilege And Its Impact In Washington State, Sabrina Suen

Washington Law Review

In Washington State, RCW 5.60.060(1) provides that “[a] spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner.” This evidence rule, known as the adverse spousal testimonial privilege, allows a defendant to exclude witness testimony by their spouse under most circumstances. A product of common law tradition, this privilege stems from a time when the law treated women as chattel with no independent legal rights. Since Washington State codified the adverse spousal privilege, the United States Supreme Court amended the federal spousal testimonial …