Criminal Law Commons^™

Engle V. Second Judicial District Court, 142 Nev. Adv. Op. 30 (Apr. 16, 2026), Andre Anaya

Nevada Supreme Court Summaries

Economic hardship excuses a probation violation for failure to pay restitution, but does not satisfy the separate requirement that a defendant fulfill all probation conditions before a conviction may be set aside.

American Mercy: The Case For Clemency, Mark Osler

Akron Law Review

After months of controversial and norm-busting clemency grants by both the Biden and second Trump administrations, many are calling for the presidential pardon power to be curtailed or eliminated. The complaints are understandable, but the death of clemency- in one fell swoop, or by a thousand cuts—would be a tragedy. Such a suggestion embodies the mistake we make so often in criminal law: imposing permanent solutions to short-term problems. Clemency’s role in national reconciliation, the mitigation of harsh laws, and in holding out hope for redemption to those convicted is too dear to lose. The answer to current harms lies …

Hester's Dubious Roots And Legacy: Open Fields Doctrine Under Scrutiny, Laura K. Donohue

Texas A&M Law Review

For over a century, open fields doctrine has shaped Fourth Amendment law, denying people the right to be secure on their own property. Its impact has steadily expanded, with the result that, by some estimates, the government can now engage in warrantless surveillance of some 96% of private land and buildings regardless of fences, postings, the distance from public roads or byways, or the use to which the property is put. An originalist approach throws the doctrine into disarray: at the time of the Founding, common law protected the curtilage, which extended to the fields, barns, storehouses, and other buildings …

Evaluasi Terhadap Undang-Undang Pemilu Dan Peraturan Pelaksanaannya Kearah Penyempurnaan Sistim Pemilu, M. Riza Sihbudi

Jurnal Hukum & Pembangunan

Abstract

Children With Imprisoned Parents: Challenges And The Impact On Society, Alonzo Ortiz

SACAD: Scholarly Activities

Nearly half (47%) of incarcerated people in the United States are parents, impacting 2.7 million children at any given time. Prior to their incarceration, about 52% of these children resided with their mother, while 40% lived with their fathers. The rate of incarcerated mothers of multiple children has continued to rise over the past couple of decades. The impact of incarceration produces secondary consequences, including negative impacts on the incarcerated person’s child(ren). In fact, having an incarcerated parent is one of the known Adverse Childhood Experiences (ACE) and ACEs are directly related to later negative life outcomes (e.g., worsened health …

The Case Of Antonio Beaver, Logan D. Barron

SACAD: Scholarly Activities

The case of Antonio Beaver, a 31-year-old African American man that was affected by the collapse of the suspects identification by the detectives with the composite sketch, the Eyewitness Misidentification, and the lack of fingerprint and DNA identification technology. Antonio Beaver was convicted of First-degree Robbery in 1997 and was in Missouri prisons until 2007 when he was exonerated by DNA and fingerprint evidence, that was taken from crime scene.

Ai's Double Edged Sword: Fighting Against Synthetic Csam, Shekhinah Adra Green

Cybersecurity Undergraduate Research Showcase

The rapid advancements in generative artificial intelligence has introduced new challenges in the production and distribution of synthetic child sexual abuse material (CSAM). AI has the capabilities of creating highly realistic imagery and videos, which  raises serious legal and ethical concerns, increasing the risk of harm, exploitation, and revictimization.

This paper discusses the legal improvements needed in order to lower the change of legal loopholes, how digital forensic analyst use advanced tools to identify and investigate synthetic material, and different methods to start the reduction of synthetic CSAM.

Aspek Yuridis Pemutusan Hubungan Kerja Di Perusahaan Swasta, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Facing The Accused: The Confrontation Clause And Protecting Child Victims Of Sexual Abuse, Raquel Pearson

Idaho Law Review

The Sixth Amendment’s Confrontation Clause provides individuals the right to confront witnesses testifying against them. For decades, Idaho case law has grappled with the delicate balance between protecting victims of sexual assault and upholding defendants’ rights to cross examine their accusers. This delicate balance is further exacerbated when sexual assault cases involve minors, particularly in deciding whether victim statements implicate the Confrontation Clause. The Idaho Supreme Court considers the totality of the circumstances when evaluating whether a defendant’s right to confront a witness has been violated, but the standard for when the Clause is triggered remains unclear.

This Note seeks …

Chabot V. State [Of Nevada], 142 Nev. Adv. Op. 27 (April 9, 2026), Amanda Vaskov

Nevada Supreme Court Summaries

A victim's prior bad acts may be offered as evidence if the accused shows knowledge of them.

Smith (Sophia) V. State, 142 Nev. Adv. Op. 26, 587 P.3d 251 (Apr. 9, 2026), Karin Tidgewell

Nevada Supreme Court Summaries

In Smith (Sophia) v. State, the Nevada Supreme Court held that violations of NRS 200.5099(3) should be prosecuted as one count of elder exploitation per victim, regardless of the number of acts that occur against a single victim.

Art Battle: Perceptions Of Criminality In Rap Vs. Stand-Up Comedy, Abiodun A. Akinseye, Fabiana Alceste, Ashley N. Peters

Midwest Social Sciences Journal

Applied research on perceptions of rap music shows that it is viewed more negatively than other musical genres, such as rock or country (e.g., Dunbar et al., 2016). This is in part due to associations between rap and Blackness, including stereotypes about Black people in general and about rappers specifically (e.g., Reyna et al., 2009). In the United States, prosecutors will sometimes present a rapper’s lyrics as a form of confessionary evidence in the courtroom (e.g., State of New Jersey v. Vonte Skinner, 2012). The practice of using art as criminal evidence appears to be unique to the musical genre …

How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker

Undergraduate Theses

This study examines how gender influences mock jurors’ receptiveness to aggravating and mitigating evidence in capital trials. Drawing on prior research that highlights the critical role of mitigation in reducing death sentences and persistent gender differences in death penalty attitudes, this study addresses a gap in the literature by analyzing how gender shapes responses to specific types of evidence rather than general support for capital punishment. Using a quantitative survey of 209 participants, the research analyzes Likert-scale responses measuring how various aggravating and mitigating factors impact sentencing preferences. Results indicate a weak but consistent relationship between gender and receptivity to …

Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell

Undergraduate Theses

This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …

Delusions Of Judicial Grandeur: State V. Wierson And The Return To Statutory Sanity, Max Jordan Katz

Mercer Law Review

Georgia’s insanity defenses have long reflected tension between accountability and mental illness. The State’s statutory framework, which preserves both a “mental incapacity” and “delusional compulsion” defense, reflects this tension. Yet for decades, the Supreme Court of Georgia’s decision in Bailey v. State imposed a judicial limitation: a defendant who “brought about” her own delusion through voluntary acts or omissions could not claim insanity. The court’s recent decision in State v. Wierson marks a turning point. In Wierson, the court considered whether noncompliance with psychiatric medication preempts the defendant from invoking statutory insanity defenses. Rejecting Bailey, the court reasserted the primacy …

Deliberately Silenced, Rachel Kincaid

Mercer Law Review

The Prison Litigation Reform Act is celebrating its 30^th birthday this year. It was designed to make it harder for incarcerated people to file lawsuits challenging the constitutionality of their conditions of confinement and to restrict their remedies even when they do so successfully. It has been wildly effective at achieving those objectives. It has also propped up mass incarceration and facilitated the persistence of dismal conditions of confinement in carceral facilities in the United States.

The PLRA’s exhaustion requirement—arguably its most damaging provision—silences carceral voices without regard for the merit of their complaints. It does so by mandating …

The Evasive Epidemic Of Missing Black Children, Trinity D. Garlick

Criminal Law Society Blog

The Evasive Epidemic of Missing Black Children” brings to light the disproportionately low amount of media support for missing Black Children. It draws on examples of missing Black Children, like Adam Walsh and other Atlanta Black children, to illustrate how Black children have gone ignored by the public for too long. It discusses factors such as failure of state legislatures, lack of media exposure, unfair and racial fixed labels, and law enforcement discretionary conduct, as the leading drivers of the epidemic of missing Black children. This Article then dives into efforts to reform the American system to adequately address when …

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

Abstract

Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

Abstract

Listening To Survivors: A Community Conversation, Jonathan Jackson

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.