Criminal Law Commons^™

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

Carter (Tyler) V. State Of Nevada, 123 Nev. Adv. Op. 45 (May. 14, 2026), Natalie D'Ambrosio

Nevada Supreme Court Summaries

Carter v. State of Nevada holds that drivers involved in injury crashes must stop, provide identification, and render reasonable assistance, but are not required to remain at the scene until law enforcement authorizes departure.

Kebijakan Pertanahan Dalam Undang-Undang Nomor 25 Tahun 2007 Tentang Penanaman Modal, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Hey Siri—Can The Police Search My Period Data?, Tyonna J. Acoff

Buffalo Law Review

No abstract provided.

Praktek Pembebanan Dan Pelaksanaan Eksekusi Hak Tanggungan Di Indonesia, Prof. Ny. Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Generative Artificial Intelligence And Its Effects On The Creation, Distribution, And Possession Of Child Sexual Abuse Material, Grace Chitwood Hampton

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the growing legal and constitutional challenges posed by AI-generated child sexual abuse material (CSAM) in the United States. Tracing the evolution of federal child pornography laws from the Protection of Children Against Sexual Exploitation Act of 1977 through the PROTECT Act and modern reporting statutes, the paper argues that existing legal frameworks were developed for an era preceding generative artificial intelligence and are ill-equipped to address fully synthetic yet hyper-realistic depictions of minors. Through analysis of key Supreme Court decisions, including Ashcroft v. Free Speech Coalition, New York v. Ferber, and Miller v. California, the paper explores …

The Paradox Of Protection: How Age Of Consent Laws Fail The Youth They Were Designed To Defend, Christie Smith

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the historical development, modern inconsistencies, and unintended consequences of age of consent laws in the United States and abroad. Tracing the doctrine from its origins in English common law through reform movements in countries such as the United States, India, and Canada, the paper argues that age of consent laws have often reflected shifting political, economic, and patriarchal objectives rather than coherent principles of protection or developmental maturity. The paper explores discrepancies across jurisdictions, contradictions in adolescent autonomy, gender bias in enforcement, and the overcriminalization of consensual relationships between minors. It further analyzes how modern statutory frameworks …

No Child Left To Heal Alone: Rethinking Restitution For Child Victims Of Sexual Abuse, Jessica Valiani

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the long-term psychological, emotional, and financial harms suffered by child victims of sexual abuse and argues that existing restitution statutes in the United States fail to provide meaningful, sustained support for survivors. Drawing on developmental psychology research, criminal restitution frameworks, and comparative state statutes, the paper demonstrates how current laws often limit recovery to narrow categories of offenses or leave compensation largely discretionary. The paper further analyzes Kentucky’s “Melanie’s Law” as a model for imposing ongoing offender-funded obligations and proposes a new child-centered restitution statute requiring convicted offenders to fund therapy and treatment for survivors of child …

The United States Still Says “I Do” To Marital Rape: An Examination Of Modern Marital Rape Exemptions, Jaiden Herald

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the persistence of marital rape exemptions in the United States despite the formal criminalization of spousal rape in all fifty states. Through historical analysis and statutory comparison, the paper traces the origins of marital rape exemptions to common law doctrines rooted in implied consent, coverture, and the treatment of women as property. It further analyzes modern exemptions that continue to shield perpetrators through loopholes involving cohabitation, incapacity, reporting requirements, or reduced penalties. By highlighting statutes from states such as South Carolina, Arkansas, and Iowa, the paper demonstrates how marital status continues to undermine equal protection for victims …

Budaya Malu, Budaya Salah, Dan Budaya Hukum, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Justice For None: How The United States’ Sexual-Offense System Fails Victims, Defendants, And The Public, Hannah J. Flannery

Advanced Issues in Criminal Law: Sex Offenses

This paper argues that the United States criminal justice system fundamentally fails in its treatment of sexual offenses by retraumatizing survivors while simultaneously relying on punitive mechanisms that undermine meaningful accountability and rehabilitation. Through an examination of adversarial courtroom practices, prosecutorial discretion, plea bargaining, sex-offender registries, and civil commitment regimes, the paper demonstrates how American law prioritizes punishment, political performance, and moral panic over truth, dignity, and public safety. In contrast, comparative analysis of France, Canada, and the Nordic countries reveals alternative models grounded in consent-based legal frameworks, trauma-informed procedures, and rehabilitative justice. These systems emphasize proportionality, reintegration, and institutional …

Del Toro (Juan) V. State Of Nevada, 142 Nev. Adv. Op. 33 (May 7, 2026), Ashley Arita

Nevada Supreme Court Summaries

Under NRS 176.0931, sex offenders are not required to complete their full registration period before becoming eligible for release from lifetime supervision.

Criminal Law, Thomas D. Church, Reid M. Koski

Mercer Law Review

This Article provides a tour of the most important criminal law opinions published by the United States Court of Appeals for the Eleventh Circuit in 2025. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from the most noteworthy, published decisions. Section I of this Article addresses rulings specific to substantive offenses such as fraud, drug trafficking, and sex crimes, while Section II covers issues arising under the U.S. Constitution, the Federal Rules of Evidence, and the Federal Rules of Criminal Procedure. Section III deals with the Federal …

Cardozo Law Announces Three New Faculty Appointments, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced the appointments of three new faculty members: Assistant Professor of Law Mridula Raman, Assistant Clinical Professor of Law and Co-Director of the Civil Rights Clinic Stefen R. Short, and Harold A. Stevens Visiting Assistant Professor of Law Fregine Sheehy. Their expertise spans criminal law, civil rights, disability justice, critical race theory, evidence, and human rights law.

Mental Illness, Probation, And Recidivism: Standardizing Uniform Mental Health Docket Legislation In Ohio, Holly Lloyd

Journal of Law and Health

The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and …

Pembeli Beritikad Baik Dalam Konteks Jual Beli Menurut Ketentuan Hukum Indonesia, Arie S. Hutagalung, Suparjo Sujadi

Jurnal Hukum & Pembangunan

Abstract

The Smarter Sentencing Act Of 2026: A Major Step Toward Federal Sentencing Reform, Riley Amdor

Criminal Law Society Blog

This article examines The Smarter Sentencing Act of 2026, a bill that proposes to reduce minimum sentence requirements for certain drug offenses—particularly those that are nonviolent. Research has shown that prolonged prison sentences often do not lead to its intended effects and even tend to cause increased recidivism and criminogenic effects. Additionally, by reducing minimum sentencing requirements for these nonviolent drug offenses, judges are given more discretion when sentencing drug offenders, which allows for the branches of government to be more balanced and promotes leniency where judges believe it is warranted. Further, the reduction of minimum sentences for these nonviolent …

High-Caliber Tensions: Implications Of Florida’S Medical Marijuana Program On The Right To Keep And Bear Arms, George Bell, Kate E. Altman

University of Miami Law Review

What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled in the State’s medical marijuana scheme are prohibited from lawfully owning firearms. A lawsuit currently pending before the Eleventh Circuit Court of Appeals seeks to address this constitutional conflict. This Article discusses that lawsuit, the legal framework in which it’s proceeding, and how courts may decide the appropriate balance between such fundamental questions.

What’S The Difference Without Deference: How The Eleventh Circuit Stopped Deferring To The Sentencing Commission And Shaped A New Landscape Of Federal Sentencing, Katherine Howard, Conrad Kahn

University of Miami Law Review

The Sentencing Guidelines shape nearly every federal sentence. Judges must calculate and consider the Guidelines’ recommended range before deciding how long someone goes to prison. For decades, though, courts treated the Sentencing Commission’s commentary about the Guidelines as controlling—even when the guideline’s text was clear and unambiguous.

That changed with United States v. Dupree. Sitting en banc, the Eleventh Circuit held that the Supreme Court’s decision in Kisor v. Wilkie—which limits when courts may defer to an agency’s interpretation of its own rules—applies to the Sentencing Guidelines. After Dupree, courts may not defer to the commentary unless, …

The Long Arm And The Short Stick: How Citizenship Transforms White-Collar Enforcement, Andrey Spektor, Henry B. Blaikie

Fordham Law Review Online

Transnational white-collar enforcement has expanded steadily, even amid recent Department of Justice rhetoric favoring restraint. Yet the enforcement apparatus imposes markedly different—and more costly—consequences on noncitizen defendants than on similarly situated U.S. citizens. Noncitizens are more likely to be detained pretrial and more likely to serve longer and harsher custodial terms because they are excluded from sentence-reducing mechanisms, housed in more restrictive facilities, and face an additional layer of postsentence immigration detention. These structural features convert nominally equivalent sentences into more punitive sanctions while increasing burdens on courts, prisons, the immigration system, and taxpayers.

This Essay argues that courts, as …