Criminal Law Commons^™

Arbitrase International Mengenai Perselisihan Penanaman Modal, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Hukum Perhubungan Dalam Kaitannya Dengan Kerjasama Asean, Dr. Sunaryati Hartono, S.H.

Jurnal Hukum & Pembangunan

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Pembajakan Udara Dan Extradisi Pembajak, K. Martono S.H., Ll.M.

Jurnal Hukum & Pembangunan

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Perlindungan Hukum Bagi Pemakai Angkutan Dalam Hukum Perhubungan Indonesia, E. Suherman S.H.

Jurnal Hukum & Pembangunan

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Pengertian Keuangan Negara, A. Hamid S. Attamimi, S.H.

Jurnal Hukum & Pembangunan

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Pengoperasian Kapal Di Perairan Indonesia, Tamalia Alisyahbana

Jurnal Hukum & Pembangunan

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Mengenal Perjanjian Multifiber : Praktek Di Negara-Negara Mee, Sook Young Yeu, Felik Oentoeng Soebagjo

Jurnal Hukum & Pembangunan

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Obligasi Salah Satu Pilihan Untuk Ber-Investasi, M. Irsan Nasaruddin

Jurnal Hukum & Pembangunan

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Tindakan-Tindakan Republik Indonesia Diuji Oleh Badan-Badan Peradilan Luar Negeri, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Weaponized Bureaucracy At The Criminal Immigration Divide, Dorien Ediger-Seto

Washington Law Review

Despite deportation being entrenched as a civil consequence rather than a punishment over 100 years ago, today’s immigration enforcement and deportation scheme relies heavily on state-level criminal arrests, convictions, and data sharing systems. And immigration-based crimes have accounted for between twenty-five and fifty percent of all federal criminal charges over the past decade. But the fact that the systems are bureaucratically and doctrinally separate from each other has practical impacts that go beyond these formalized intersections. Not only do federal law enforcement actors often have dual mandates to investigate and prosecute federal crimes alongside related civil removal cases, but criminal …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

Lies That Matter: Retheorizing Rape And The Limits Of Consent, Seran Gee

Nevada Law Journal

This Article proposes a novel assent-based framework for understanding rape law, challenging the traditional focus on consent as the sole determinant of rape. It argues that rape occurs when there is an absence of assent, rather than simply a lack of consent. The Article distinguishes between assent, which reflects a feeling of willingness, and consent, which is an exercise of autonomy that waives one’s right to bodily integrity. By incorporating this distinction, the assent model provides a more nuanced approach to rape law, explaining why certain deceptions—such as misrepresenting the nature of a sexual act—constitute rape, while others do not. …

Time Out For Transfer: Youth Transfer As Punishment, Kristina Kersey

Nevada Law Journal

The confidentiality of the juvenile court, while laudable in protection of the children charged, often means that people, in general, have little understanding of the inner workings of the court. One of the opaquest practices in juvenile court is how, when, and under which circumstances youth are prosecuted as adults. The cases that do reach the headlines are the most salacious, which leads to a confirmation bias on both the need and the appropriateness of the practice of transfer.

Many scholars have discussed the undeniable impact of adolescent development research on juvenile legal jurisprudence and a general reimaging of diminished …

After Grants Pass: The Case For Recentering The Criminal Legal System And Its Constitutional Constraints, Scout Katovich

William & Mary Law Review

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit cities from punishing unhoused people for sleeping outside when they have nowhere else to go. While the holding was legally narrow, the Court’s rhetoric framed criminalization as sound policy rather than punishment, obscuring the criminal legal system implications at the heart of the case. Cities responded not to the narrow holding but to the rhetorical message: In the year following the decision, they enacted hundreds of new laws criminalizing homelessness and dramatically intensified enforcement.

This Article argues for the recentering of …

Contagious Discrimination: Why Race-Blind Justice In Courtrooms Is Not Enough, Yijia Lu, Murat C. Mungan

Faculty Scholarship

Existing theories of discrimination focus on discrimination at the individual, societal, or organizational level. We highlight the importance of the dynamic relationship between different institutional actors who jointly give rise to discriminatory outcomes. This reveals that discrimination can be contagious: discrimination that would otherwise not occur at one institutional level can arise due to discrimination at another institutional level. Therefore, discrimination by some actors can trickle down and create disparate impacts in processes that would otherwise be free of discrimination. This phenomenon, which we term “contagious discrimination,” can manifest itself in various settings such as employment and commercial trade negotiations. …

Compensation For Victims Of Crimes: Should Victims’ Financial Means And Insurance Coverage Matter? — Criminal Procedure Code 2010, S 359(1); Public Prosecutor V Ong Eng Siew [2025] Sghc 55, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Under s 359(1) of the Criminal Procedure Code 2010, the court can order an offender to compensate the victim with a sum which the victim would have been able to recover in a civil claim in tort against the offender. The courts have used this useful power extensively, though problems remain. One such problem is seen in Ong Eng Siew, where the court declined to make a compensation order. Given the purpose of the compensation system, the court was not correct to hold – in effect – that the purpose of s 359(1) is to benefit only impecunious victims, and …

Perkembangan Dan Ruang Lingkup Sosiologi Hukum, Mulyana W. Kusumah

Jurnal Hukum & Pembangunan

Abstract

Marked For Prosecution: The Use Of Tattoo Recognition Technology In Criminal Trials And The Case For Evidentiary Limits, Marc Consalo

Mercer Law Review

In recent years, tattoos have taken on a new and largely overlooked role in our criminal trial system. Once viewed primarily as personal or cultural expression, tattoos are now treated by law enforcement as biometric data which can be analyzed, codified, and then searched by artificial intelligence (“AI”). Police departments and prosecutorial offices have begun using tattoo recognition software to identify suspects, assume gang membership, and establish guilt based on imagery or symbols. Yet, despite the rapid growth of this technology, its use in the courtroom has received almost no scholarly attention and even less judicial scrutiny.

This Article seeks …