Criminal Law Commons^™

Criminal Liability Of Covid-19 Carriers (Lebanon), Tarteel Turki Darwish

BAU Journal - Health and Wellbeing

Since the spread of COVID-19, all governments tried to cape with this international pandemic which was classified by the World Health Organization (WHO) on March, 11 as a pandemic. Lebanese ministry of health, recommended in a statement issued on 21.03.2020 the date of the beginning of COVID-19 spread, that all of individuals with a confirmed or probable COVID-19 be quarantined at home and those who don’t follow the preventive precautions will be legally punished. On 04.03.2020 the Lebanese ministry of health issued an announcement no. 42 about “defining COVID-19 cases which are classified as transmitted and infectious diseases cases which …

A Comparison Of Gender-Based Violence Laws In Canada: A Report For The National Action Plan On Gender-Based Violence Working Group On Responsive Legal And Justice Systems, Jennifer Koshan, Janet Mosher, Wanda Wiegers

Commissioned Reports, Studies and Public Policy Documents

This report undertakes a comparison of laws related to gender-based violence across Canada with a view to identifying promising practices. We use the definition of gender-based violence from the United Nations as our frame, analyzing laws relating to “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” While the UN definition includes both intimate partner violence and sexual violence, our focus is largely on violence in the …

Criministrative Law: Developments And Challenges In Indonesia, Nathalina Naibaho, Harkristuti Harkrisnowo, Suhariyono Ar, Andri Gunawan Wibisana

Indonesia Law Review

The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those sanctioned. This paper is questioning the gray area belonging to something in between criminal and administrative law and discussing the rule and the role of criminal law and administrative law in action when the later comprehend punitive …

Manning, Powell, And The Habitual Misunderstanding Of Addiction, Matt Dean

St. John's Law Review

(Excerpt)

Bryan Manning, a homeless resident of Roanoke, Virginia, has been arrested and prosecuted more than thirty times for drinking or possessing alcohol. Although alcohol is generally legal in Virginia, Mr. Manning was forbidden for many years to “possess” it, “consume” it, or “purchase” it. On at least one occasion, police arrested him merely for “smelling like alcohol.” On another occasion, he was arrested because he happened to be shopping in a Walmart where alcoholic beverages were sold. For decades, Virginia law permitted a state circuit court to issue a civil order declaring an individual to be “an habitual drunkard” …

Can A Person's "Slate" Ever Really Be "Cleaned"? The Modern-Day Implications Of Pennsylvania's Clean Slate Act, Kimberly E. Capuder

St. John's Law Review

(Exceprt)

In 2006, Khalia was arrested for a “low-level counterfeiting charge.” While Khalia was innocent and never convicted for the charged offense, she still had a criminal record. Because she was concerned that future employers would “view her as a thief,” she never applied to any of her dream jobs. But once Khalia’s arrest record was automatically sealed, she finally had enough confidence to send in a job application to a prestigious consulting firm, and was offered the position. Khalia believes that her newly sealed criminal record “means a future without judgment.” And this future without judgment was made possible …

Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich

Chicago-Kent Law Review

No abstract provided.

Introduction To Reviving The American Jury, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta

Chicago-Kent Law Review

No abstract provided.

How To Talk So Juries Will Listen, Janet Randall

Chicago-Kent Law Review

No abstract provided.

Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System, Matthew Bender

Villanova Law Review (1956 - )

No abstract provided.

Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The Center for the Human Rights of Children (CHRC), in collaboration with signatory organizations, submits this input in response to the call for submissions made by the Special Rapporteur’s Report on the Role of Organized Criminal Groups with regard to Contemporary Forms of Slavery to inform the forthcoming report to the 76th session of the General Assembly. This input will focus upon the role of organized criminal groups with regard to child labor trafficking (forced labor), and specifically, forced criminality as a form of forced labor.1 We provide input on cases both in the interior of the United States, and …

“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché

Qualitative Criminology (QC)

"We draw from literature on penal imaginaries to examine representations at fright nights and other staged cultural scenes from across Canada and the United States that reproduce justifications for imprisonment and punishment. Based on an analysis of online content and news coverage of fright nights organized at forts, sanitoria, psychiatric institutions/asylums, and segregated schools, we demonstrate that these displays mobilize stereotypes and shame to denigrate prisoners and naturalize imprisonment. Moreover, we show that these displays invoke health tropes concerning contagion to intensify fears regarding prisoners by portraying them as a threat to the social body, further rationalizing the existence of …

Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais

Qualitative Criminology (QC)

"Since accusations went public that administrators at Pennsylvania State University ignored reports of child abuse during the Jerry Sandusky trial almost a decade ago, several educational and state agencies have reinterpreted aspects of their respective laws requiring certain persons to report suspected child maltreatment (mandatory reporting laws). These reinterpretations were possible due to the ambiguity of statutory language used in the law and, subsequently, may have exposed individuals to a legal responsibility to report to which they were previously unaware. In this study, we use a thematic content analysis to examine variation across state mandatory reporting statutes from all fifty …

Policing Perspectives Concerning Confusion And Uncertainty In Policing Practices With “Honour”- Based Crimes And Forced Marriages, Wendy Aujla

Qualitative Criminology (QC)

"Police regularly deal with various forms of violence against women and girls, such as domestic violence, family violence, and intimate partner violence in police work. However, since certain kinds of violence require a more nuanced approach to investigations, this paper reports on the experiences and challenges in policing different types of violence, such as “honour”-based crimes (HBCs), including forced marriages (FMs), within the broader Canadian discourse and political stances informing law and policy decisions. As well as what is still needed to improve responses to HBCs and FMs, it is important to consider the impact of laws and policy changes …

“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen

Qualitative Criminology (QC)

"Mass incarceration and its ill effects remains a major social problem in the United States. Those exiting the criminal justice system reenter society with the label of exconvict, a label that is permanent, highly stigmatized in American society, and has serious potential ramifications for successful reintegration, including: access to employment, higher education, and housing; acceptance in their communities; and successful personal relationships. The purpose of this study was to explore (1) anticipated stigma, (2) actual experienced stigma, and (3) the stigma management strategies that formerly incarcerated individuals employed in their personal and occupational lives. Drawing from a modified labeling theory …

The Societal Impact Of Capital Punishment And Its Future Role In Modern Day America, Laurel Lee

Honors Theses

Capital punishment has been a well-established, although extremely controversial, practice throughout American history. It has been the subject of much criticism and debate both nationally and globally, dating back to ancient times. This study intends to research the historical, legal, and social changes of capital punishment in the United States that have occurred since the dawn of the practice in order to detect any trends, and if so, whether these trends allow a realistic prediction of the future of capital punishment. The chronology of capital punishment is first examined in this study in order to indicate that the controversy surrounding …

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.

Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman

Northwestern Journal of Law & Social Policy

Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople. Nevertheless, …

Racial Racial Discrimination Within The United States Criminal Justice System, Courtney Speigal

Honors Projects

For my senior honors project, I chose the topic of discrimination within our criminal justice system. I will be attending law school next year, and this topic has inspired me to become a lawyer. 2020 has been a year with a lot of protesting against social injustice, and change in our democracy. The Black Lives Matter Movement came to light once again, because of a number of questionable cases involving African American citizens. Considering all of this, I decided to research further the discrimination in our country, in a number of areas. I also will be looking at how we …

Reconceptualizing Cannabis, Julia Peoples

Honors Theses

Inflammatory rhetoric and increasingly punitive drug policies dominated marijuana politics in the past. Today, as 36 have legalized cannabis in some form and 17 states have legalized recreational marijuana, the federal government continues to perpetuate policies of the past. The following analysis investigates rhetoric and policies that led to the War on Drugs as well as their outcomes, the dramatic shift in public opinion as states began to legalize marijuana, and the successes and failures of state cannabis programs to identify gaps within the MORE Act, the ideal policy, and politically viable incremental change. State programs are incapable of …