Criminal Law Commons^™

Mereposisi Hubungan Yudikatif Dengan Eksekutif Dan Legislatif Dalam Konteks Amandemen Uud 1945, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Pembatasan Hak Presiden Untuk Menuangkan Kebijakannya Melalui Pembuatan Keppres, Heri Tjandrasari

Jurnal Hukum & Pembangunan

Abstract

Efektivitas Dan Reorientasi Sistem Pendidikan Dalam Menciptakan Aparat Penegak Hukum Yang Terpercaya Dan Profesional, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Peranan Ketentuan More Valuable Right (Mfr) Pasal Vii (I) Dalam Pelaksanaan Konvensi New York 1958, Tineke Tuegeh Longdong

Jurnal Hukum & Pembangunan

Abstract

Masalah-Masalah Kewarganegaraan Dalam Konteks Perubahan Uu Tentang Kewarganegaraan Ri, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Penerapan Lembaga "Rechtsverwerking” Untuk Mengatasi Kelemahan Sistem Publikasi Negatif Dalam Pendaftaran Tanah, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Perbandingan Hukum Dan Pendidikan Hukum, Wahyono Darmabrata

Jurnal Hukum & Pembangunan

Abstract

A Right With No Standard: The Crisis Of Adequate Counsel In Capital Cases, Luz M. Payán

Criminal Law Society Blog

“A Right With No Standard: The Crisis of Adequate Counsel in Capital Cases,” criticizes the persistent lack of uniform standards governing legal representation in capital cases and argues that these disparities undermine the criminal legal system as a whole. It highlights the various differences in state qualification standard which allow attorneys to represent a defendant in a capital case. Even further, this Article points to the lack of mitigation specialist requirements in a majority of states. To effectively safeguard a defendant’s constitutional rights, this Article urges that the American Bar Association revise its Guidelines for the Appointment and Performance of …

You Can Be Innocent—Or You Can Be Free: Prosecutorial Power And Dark Pleas In Innocence Litigation, Tori Simkovic, Craig Trocino

University of Miami Race & Social Justice Law Review

This Article examines the phenomenon Justice Michael P. Donnelly has termed the “dark plea.” A dark plea is a post-conviction guilty plea extracted from defendants who maintain their innocence but accept freedom over exoneration. Through the lens of State of Florida v. Lawrence K. Johnson, this Article exposes how dark pleas operate at the precise moment when newly discovered evidence threatens to unravel a conviction and expose actual innocence in a nearly two decades old wrongful conviction. Johnson’s case illustrates the coercive dynamics of this type postconviction “bargaining.” After eighteen years of incarceration, compelling DNA recantation evidence, and an appellate …

Qualified Immunity: Emerging Fault Lines In The Eleventh Circuit, Ricky J. Marc

University of Miami Race & Social Justice Law Review

Qualified immunity operates as a central doctrine in federal civil rights litigation, defining the threshold between government accountability and official protection from suit. Within the Eleventh Circuit, this doctrine has developed into a highly structured yet fact-dependent framework that shapes litigation strategy and judicial outcomes. This article offers a comprehensive analysis of qualified immunity in the Eleventh Circuit from 2022 to 2025, drawing on recent precedents involving law enforcement officers and correctional officials. It examines the Circuit’s treatment of clearly established rights, the role of objective reasonableness in determining constitutional violations, and the evidentiary dynamics that influence summary judgment and …

Unsettling Settled Science: The Perils Of And Rationale Behind Blind Faith In Forensic Evidence, Jaclyn Marra

University of Miami Race & Social Justice Law Review

Science—a seemingly compelling and infallible adjudicative element—plays a pivotal role in criminal trials, serving as a cornerstone for evidence interpretation and decision-making. However, the perceived infallibility of scientific evidence often masks its inherent limitations and vulnerabilities. Forensic methods, widely regarded as objective and precise, can suffer from a plethora of inconspicuous constraints—including flawed methodologies, human error, and biases—which undermine their reliability. The American public and legal system frequently place undue trust in forensic evidence and experts, influenced by portrayals of their certainty in media and popular culture. This phenomenon has been referred to as the “Reverse CSI Effect.” This note …

Les Responsables Politiques Devant La Justice : Réflexions À Partir De L’Expérience Française, Bertrand Mathieu

Proche-Orient, Études juridiques

This article studies the liability and accountability regimes potentially applicable to political authorities in France and in Lebanon. After insisting on the specific features of liability applied to the head of State, ministers, national representatives and judges in the French system, the author tackles the same issues under Lebanese law, particularly in the difficult circumstances following the Beirut port explosion.

Penanggulangan Masalah Preman Ditinjau Dari Sudut Politik Kriminil, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Aquinas, Wilson, And Continuity On Crime And Punishment, Brian M. Murray

Catholic University Law Review

This Article compares the legal thought of James Wilson, a leading jurisprudential figure during the American Founding, and Thomas Aquinas, perhaps the most well-known medieval philosopher, on crime and punishment. It argues their theories are closer than the historical gulf between them suggests would be the case. Both limit the definition of crime to morally culpable acts involving public harm. Each considers redressing the public disorder crime causes as the primary justification for punishment. While Wilson defers to the English common law to emphasize protecting certain natural rights and to prevent crime, Aquinas points to his understanding of natural law …

Crimmigration: How It Can Protect Immigrant Rights, Aspen Griffing

Criminal Law Society Blog

“Crimmigration: How it Can Protect Immigrant Rights,” addresses the expansion of Immigration and Customs Enforcement under the Trump II Administration and its impact on the immigrant community in the United States. This Article recognizes the punitive nature that civil immigration proceedings, oftentimes posing consequences as severe as those in criminal proceedings. As such, this Article proposes a procedural concept of “crimmigration” to protect immigrant rights. A “crimmigration” framework would offer immigrants the right to Miranda warnings, prompt judicial determinations of probable cause, the right to a speedy trial, and the right to appeal, among other protections. While the harms caused …

The Judicial Police Power, Alice Ristroph

Villanova Law Review (1956 - )

No abstract provided.

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

In The Shadow Of Justice: How The Mythos Of The Batman Balances Major Ethical Theories In His Pursuit Of Ideal Justice, Camille Bewley

Ex Sapientia Loqui

For more than eighty years, the Batman character has exhibited a unique synthesis of major theories of Justice, and through his experiences as a vigilante, exemplified the pursuit of the ideal virtue of Justice. Because virtue requires a lived example to be understood, Batman is one of the foundational stories fulfilling this need for one of collective society’s prominent pillars. Within the horror of Gotham City–a hyperbolic, fictional representation of urban corruption–Batman’s actions as a vigilante, walking a tightrope to maintain morality even above the law might not only be justified, but necessary. The Batman’s nature, balancing ethical theories and …

Law School News: Rwu Names Richard "Dick" Sullivan '79 And Judge Lara E. Montecalvo As 2026 Honorary Degree Recipients 4-16-2026, Kelly Brinza

Life of the Law School (1993- )

No abstract provided.