Criminal Law Commons^™

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Are Anti-Corruption Sanctions The New Fcpa? A Comparison Of The Foreign Corrupt Practices Act, The Foreign Extortion Prevention Act, And Sanctions, Karen Peters-Van Essen

Faculty Law Review Articles

With the rise of globalization, international corruption has been linked to a host of economic and social ills, including inter-state conflict.  By 2021, the U.S. government had identified corruption for the first time as a national security threat that required a broader range of inter- and cross- governmental policy tools to address the identified scope of the problem.  This national security focus was reinforced with the Russian invasion of Ukraine in 2022, which has been seen as being facilitated by corrupt oligarchs.  To be sure, the U.S. had decades prior passed the Foreign Corrupt Practices Act, which prohibits U.S. businesses …

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Ex Aequo Et Bono In Indonesian Legal Practice: An Explorative Study And Critique Against Current Understanding Of The Term, Tristam Pascal Moeliono

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Doctrinal uncertainty persists regarding the extent to which judges in Indonesia may adjudicate on the basis of equity and fairness, particularly in relation to requests for decisions grounded in ex aequo et bono. This issue is especially evident in civil proceedings, where such requests are frequently articulated in pleadings and closing statements. Drawing on an analysis of regulatory frameworks and judicial practice, and employing normative and comparative legal approaches, it is argued that adjudication grounded in equity—conceptually linked to fairness, propriety, and broader considerations of justice—constitutes an inherent component of judicial obligation in Indonesia. At the same time, requests …

The Role Of Music Publishers In Managing Copyright In Musical Works In Indonesia: A Legal Analysis, Diana Silfiani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study aims to examine music publishers as managers of song and music copyrights in Indonesia. Although music publishers are legally recognized as part of the rights holders, in practice they demonstrate distinct and broader characteristics, functions, and roles compared to other rights holders. Due to the absence of clear and comprehensive regulations under Indonesian law, this study compares the legal framework governing music publishers in Indonesia with those in the United States and South Korea to seek comparable regulations. The analysis adopts a qualitative approach, using normative juridical research and a prescriptive typology to propose alternative solutions to the …

The Legal Status Of Indonesia-China Joint Statement 2024 And Its Legal Implications For Unclos Under The Law Of Treaties, Amanda Christie, Diajeng Wulan Christianti

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The legal standing of joint statements in international law remains contested, particularly with respect to their qualification as treaties under the Vienna Convention on the Law of Treaties. This issue has become increasingly relevant following the 2024 Joint Statement between Indonesia and China on Advancing the Comprehensive Strategic Partnership and the China-Indonesia Community with a Shared Future. Despite its political framing, item nine, which contains a provision on joint development in areas described as overlapping claims in the South China Sea, raises critical legal concerns that the implications may constitute a legally binding treaty. This article employs a doctrinal legal …

Implementation Of The Administrative Dispute Resolution System For Citizens' Legal Protection In Indonesia After The Enactment Of Law Number 30 Of 2014 On Government Administration, Ayi Solehudin, Zainal Muttaqin, Dewi Kania Sugiharti

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The integrated administrative dispute resolution system in Indonesia positions Administrative Proceedings as the primum remedium and the State Administrative Court as the ultimum remedium. This system is intended to provide comprehensive legal protection for citizens. However, in practice, it can lead to prolonged and ineffective dispute resolution processes, thereby limiting citizens' access to defend their rights before the the Administrative Court. This study analyses an effective integrated state administrative dispute resolution system that ensures legal protection for citizens. The legal issues addressed include the regulation of Administrative Proceedings within the integrated state administrative dispute resolution system following the enactment …

Improving Judicial Reasoning In Constitutional Rights Cases: The Case For A Structured Proportionality Test In The Indonesian Constitutional Court, Muhamad Dzadit Taqwa

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study evaluates the structured proportionality test modelled after the German approach. It argues that the Indonesian Constitutional Court should adopt this test when reviewing statutory limitations on constitutional rights under the amended 1945 Constitution. While the structurally weak protection of constitutional rights in the Constitution provides the contextual motivation for this inquiry, the central focus is instrumental: to assess the benefits and challenges of proportionality as a tool for improving judicial reasoning in constitutional rights adjudication. The analysis identifies three key benefits, including enhanced problem identification, improved justification of legislative limitations, and strengthened methodological rigor in judicial decision-making. At …

Sosiologi Perundang-Undangan Dan Pemanfaatannya, Jufrina Rizal

Jurnal Hukum & Pembangunan

Abstract

Pembaharuan Hukum Terhadap Pasal 26 Ayat (I) Uud Negara Republik Indonesia Tahun 1945, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Program Komputer Menurut Hukum Hak Kekayaan Intelektual, Afifah Kusumadara

Jurnal Hukum & Pembangunan

Abstract

Posisi Hukum Badan Pengadilan Pajak Dalam Sistem Hukum Indonesia, Tri Hayati

Jurnal Hukum & Pembangunan

Abstract

Ketentuan Forward-Statements Di Pasar Modal, Bismar Nasution

Jurnal Hukum & Pembangunan

Abstract

Kinerja Polri Pasca Polri Mandiri, Farouk Muhammad

Jurnal Hukum & Pembangunan

Abstract

Richt V. State Of Nevada, 142 Nev. Adv. Op. 32 (April 30, 2026), Vanessa Arias

Nevada Supreme Court Summaries

A defendant must establish a foundation for a self-defense claim before being allowed to bring in evidence of the victim's character. If the defendant wishes to admit evidence to support a self-defense claim it must be relevant. Lay witnesses are allowed to testify regarding their own perception.

Aspek Sosio-Kultural Pencegahan Terorisme, Thomas Sunaryo

Jurnal Hukum & Pembangunan

Abstract

Sudah Saatnya Indonesia Memiliki Kodifikasi Hukum Perdata Internasional, Mutiara Hikmah

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Hak Cipta Musik Atau Lagu Di Indonesia, Hendra Tanu Atmadja

Jurnal Hukum & Pembangunan

Abstract