Criminal Law Commons^™

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

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

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 …

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …

When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession of guilt at trial—over …

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Reversing The Evils Of Federal Mandatory Minimum Sentences: Is Clemency The Only Answer?, Melissa Johnson

Journal of Civil Rights and Economic Development

(Excerpt)

Thirty-five years ago, Alice Marie Johnson lived a full life. She was a wife, a mother of five children, and a manager at FedEx. Then divorce, the death of one of her children, and job loss shattered her world. Ms. Johnson was able to find employment as a factory worker, a role which paid only a fraction of her former salary and was insufficient to support her children. Desperate and burdened, she became a telephone mule for drug dealers. She was instructed to “pass phone messages [and] [w]hen people came to town . . . [to tell] them what …

Chronic Traumatic Encephalopathy: Mental Disease Or Defect That Can Trigger A Successful Criminal Defense, Thomas Mosczczynski

Journal of Civil Rights and Economic Development

(Excerpt)

When he was a child, he was called kind, gentle and even sweet. He started playing football at a young age that ripened into a successful high school career that lasted from 2004 to 2007. He was a dominant force on the gridiron under the Friday night lights as he played both offense and defense—rarely missing a play. College scouts took notice, and suddenly, the world was his oyster. A small-town kid from Bristol, Connecticut became the talk of college recruiters across the country. In 2007, a year after the death of his father, the quiet kid from Bristol …

Sexual Misconduct By Law Enforcement: A New Meaning To Stop And Frisk?, Anastasia Cassisi

Journal of Civil Rights and Economic Development

(Excerpt)

Turn on the television at any time during the day and you are likely to find at least one channel playing an episode of Law and Order, Special Victims Unit (S.V.U.). If you catch the opening sequence, after a few moments of catchy music, an ominous narrator recites the above words. The fictional show is about a group of New York City detectives who investigate sex crimes and the attorneys who prosecute the offenders. The show portrays sex crimes as egregious offenses committed by heinous criminals. However, what the show fails to depict is what happens when these dedicated …

Editor’S Foreword, Ava Agree

Hastings Journal of Crime and Punishment

No abstract provided.

Defunding Prosecutors And Reinvesting In Communities: The Case For Reducing The Power And Budgets Of Prosecutors To Help End Mass Incarceration, Udi Ofer

Hastings Journal of Crime and Punishment

No abstract provided.

Caniglia V. Strom: Brief Of Professor Leroy Pernell And The National Association Of Criminal Defense Attorneys In Support Of Petitioner, Leroy Pernell

Amicus Briefs

No abstract provided.

Examining Scott Peterson’S Appeals, Paige Bonavito

Selected Full-Text Master Theses Collection 2018-

This works discusses the Scott Peterson case, which took place from 2002-2004. Scott Peterson was convicted of murdering his wife Laci and unborn son Conner in 2004, and was given the death penalty. Peterson has filed automatic appeals and habeas corpus appeals since his trial, which have made their way through the California court system. Peterson’s death sentence was overturned by the California Supreme Court in 2020, and the California Supreme Court ordered the San Mateo trial court to look into overturning Peterson’s conviction. This work not only discusses the Peterson case at great length, it also serves to examine …

Clamping Down On Faulty Forensics, Maneka Sinha

Maryland Carey Law

No abstract provided.

Junk Science At Sentencing, Maneka Sinha

Faculty Scholarship

Junk science used in criminal trials has contributed to hundreds of wrongful convictions. But the problem is much worse than that. Junk science does not only harm criminal defendants who go to trial, but also the overwhelming majority of defendants—over ninety-five percent—who plead guilty, skip trial, and proceed straight to sentencing.

Scientific, technical, and other specialized evidence (“STS evidence”) is used regularly, and with increasing frequency, at sentencing. Despite this, Federal Rule of Evidence 702 and its state equivalents—which help filter unreliable STS evidence at trials—do not apply at the critical sentencing stage. In fact, at sentencing, no meaningful admissibility …

Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt

Faculty Scholarship

Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness

Abstract

While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that are …

Weaving A Broader Tapestry, Mark A. Drumbl

Scholarly Articles

This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020).

Charles Jalloh delivers a comprehensive and authoritative survey of the legacy—in law—of the Special Court for Sierra Leone (SCSL). Through compendious research and considerable personal experience, Jalloh tracks the SCSL’s jurisprudential contributions and legal footprints upon a number of doctrinal areas: child soldiering, forced marriage, immunities, personal jurisdiction, and amnesties. Jalloh also examines the SCSL’s interface with Sierra Leone’s truth commission. Indeed, the SCSL is among the few …

The Unconstitutional Police, Brandon Hasbrouck

Scholarly Articles

Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial decision as unconstitutional under the Fourth Amendment. The defendant seeks to suppress the evidence against them or perhaps to recover damages for serious injuries under 42 U.S.C. § 1983. The courts subsequently constitutionalize the police officers' initial decision with little or no scrutiny. Effectively, the …

The Just Prosecutor, Brandon Hasbrouck

Scholarly Articles

As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration. This was and is by design. Prosecutorial power derives from our constitutional structure--prosecutors are given almost unfettered discretion to determine who to charge, what to charge, and, often, what the sentence will be. Within that structure, the prosecutor's duty is to ensure that justice is done. Yet, in exercising their outsized power, some prosecutors have fully embraced a secondary, adversarial role as a partisan advocate at the significant cost of seeking justice.

The necessary reforms of our …

Biden's Prosecutors, Melanie D. Wilson

Scholarly Articles

In President Biden’s inauguration speech, he offered us hope, while acknowledging America’s challenging history. He also promised progress––real progress––on racial justice. “A cry for racial justice some 400 years in the making moves us. The dream of justice for all will be deferred no longer[,]” he said.

Meaningful progress toward racial equality begins with a fairer criminal justice system. We must take an anti-racist, anti-xenophobic, anti-homophobic, and anti-classist approach to prosecutions. In turn, that type of progress demands sound leadership at the Department of Justice (DOJ) and from the ninety-three United States attorneys whom the President appoints. The lead prosecutors …

Releasing Older Prisoners Convicted Of Violent Crimes: The Unger Story, Michael Millemann, Jennifer Elisa Chapman, Samuel P. Feder

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.