Criminal Law Commons^™

Myth Of The Attorney Whistleblower, Carliss N. Chatman

Scholarly Articles

Notwithstanding the political grandstanding and legal regimes put in place to prevent the next Enron, this article explores whether attorney whistleblower provisions provided in the Standards of Professional Conduct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer and in the Model Rules of Professional Conduct are effective. When faced with attorney involvement in Enron, Congress passed § 307 of the Sarbanes Oxley Act (Sarbanes), which required the Securities and Exchange Commission (SEC) to amend its standards governing the conduct of attorneys practicing before the SEC. In response, the SEC and the American Bar Association …

#Metoo, Meet Inclusivity: Criminal Procedure In Sexual Assault Cases Should Include People With Intellectual Disabilities, Mercy Adoga

Fordham Undergraduate Law Review

This Note explores the legal history of criminal law involving sexual assault cases of persons with intellectual disabilities from 1989 to the present day. The nuances of this legal history will be analyzed through the lens of State v. Scherzer, otherwise known as the Glen Ridge case of 1989. This Note will analyze the effect the Glen Ridge case had on later cases, and how the criminal justice system continues to treat intellectually disabled survivors of sexual assault. Statistics show that people who have intellectual disabilities are more likely to be sexually assaulted, and that the conviction rate for these …

Creating The Best: A Two-Prong Policy Approach To Improve The Quality Of Future Certified Ohio Peace Officers, Amy English

Regis University Student Publications (comprehensive collection)

This qualitative client applied study explained and explored a two-fold approach that could be used to implement policy changes that will aid small Ohio police departments in commissioning intellectually developed and psychologically suited individuals for employment in law enforcement. Several issues needed to be addressed in order to accomplish these policy changes. Criminological theories were correlated to deviant behaviors of criminally charged Ohio police officers. Past legislated police reform acts were addressed. Past studies of police officer higher education were analyzed. Finally, the implementation factors for psychological evaluations as a police academy pre-enrollment requirement were identified. This study, based on …

Second-Best Criminal Case, William Ortman

Law Faculty Research Publications

No abstract provided.

Locked Out And Locked Up: Assessing The Relationship Between Housing Instability And Recidivism For People With Criminal Drug Records Using A General Strain Theory Framework, Mark Paul Plassmeyer

Electronic Theses and Dissertations

More than 32.5 million Americans have been arrested for drug offenses since 1996 contributing to the fact that currently nearly as many Americans have a criminal record as a college degree. After an arrest for a drug offense, often regardless of whether one is convicted, people are subject to civil penalties known as collateral sanctions. These sanctions include restrictions on access to subsidized housing, financial benefits, student loans, employment, and important aspects of civic life such as voting or holding office.

Due to recent recidivism rates - over 75% for people exiting prison with a drug record - researchers and …

Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally Mcqueen

Notre Dame Law Review Reflection

This Essay, in Part I, will begin with an overview of the use of child soldiers in armed conflicts around the world. Part II will explore provisions within the Geneva Conventions, the Convention on the Rights of the Child, and the Beijing Rules that are applicable to child soldiers and can shed some light on their culpability after an armed conflict. In Part III, this Essay will then discuss the varying degrees to which international criminal tribunals and the International Criminal Court have addressed the criminal responsibility of children for war crimes and crimes against humanity. Finally, Part IV will …

Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

What Am I Really Saying When I Open My Smartphone: A Response To Prof. Kerr, Laurent Sacharoff

Sturm College of Law: Faculty Scholarship

In his forthcoming article in the Texas Law Review, Compelled Decryption and the Privilege Against Self-Incrimination, Orin S. Kerr addresses a common question confronting courts. If a court orders a suspect or defendant to enter her password to open a smartphone or other device as part of a law enforcement investigation, does that order violate the Fifth Amendment right against self-incrimination?

To answer this question, Kerr appropriately looks by analogy to existing Fifth Amendment case law as applied to document subpoenas, the “act of production” doctrine, and its mysterious cousin, the “foregone conclusion” doctrine. From these materials, he gleans a …

Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson

Intercultural Human Rights Law Review

Justice and human dignity have an organic and symbiotic relationship. The American Bar Association's Functions and Duties of the Prosecutor Standard 3-1.2(a) outlines that "[t]he prosecutor is an administrator of justice . . . [and] should exercise sound discretion and independent judgement in the performance of the prosecution function." The ABA standards further prohibit improper bias2 and proscribe a duty to report and respond to prosecutorial misconduct.3 ABA Standard 3-1.2(b) states: "The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict." 4 Although rarely openly discussed, I ask now, is …

Felon Disenfranchisement, Nora V. Demleitner

Scholarly Articles

In its broadest forms, felon disenfranchisement excludes even individuals who have long been rehabilitated. Yet they are still treated only as partial citizens. Automatic, long-term restrictions on the franchise are unnecessarily exclusionary. More importantly, they hinder reentry and rehabilitation. Citizens returning from imprisonment, who can vote, have lower rates of recidivism than those who are barred from voting. Re-enfranchisement signals a return to citizenship. It advances and confirms a returning citizen’s full participatory rights. Ultimately, that means we recognize these individuals as having lived up to the expectation of rehabilitation rather than leaving them feeling defeated.

Criminal Law: The Institutional Design Of Punishment, Aaron Rappaport

The Judges' Book

No abstract provided.

The Justice System Is Criminal, Raven Delfina Otero-Symphony

2020 Award Winners

No abstract provided.

Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino

St. Thomas Law Review

This Comment will examine the advantages and disadvantages of direct file statutes, focusing primarily on Florida. Part II of this Comment analyzes the three different types of waiver-judicial, legislative, and prosecutorial-and discusses Florida's juvenile transfer laws, specifically Florida's direct file statute. Part III discusses the issues stemming from Florida's direct file statute, particularly that the statute is arbitrary, does not deter crime, increases recidivism, and goes against the Supreme Court finding that juveniles are different from adults. Lastly, Part IV proposes to eliminate discretionary prosecutorial direct file, and how the Florida Legislature can limit prosecutors' discretionary power in the meantime.

Prosecuting Corruption After Mcdonnell V. United States, Terence A. Parker

Notre Dame Law Review

This Note proceeds in five Parts. Part I provides a background discussion of the facts and holding in McDonnell. Part II goes on to analyze McDonnell through the lens of three recent federal public corruption cases, discussing how the decision has been applied to both specific act and stream of benefits prosecutions. Part III argues that the narrower official acts definition announced by the McDonnell Court will not result in a sea change to corruption prosecutions. Part IV argues for the resilience of the stream of benefits theory of public corruption in the aftermath of McDonnell. Finally, Part …

Epitaph For Pardon Based On The Purpose Of Punishment, Eva Carracedo Carrasco

Criminal Law Practitioner

No abstract provided.

Nolo Contendere Convictions: The Effect Of No Confession In Future Criminal Proceedings, Ramy Simpson

Criminal Law Practitioner

No abstract provided.

From The Editor-In-Chief, Lisa Keshavarz

Criminal Law Practitioner

No abstract provided.

Research Resources For Michigan Criminal Law, Kate E. Britt

Law Librarian Scholarship

Few areas of the law are as consequential to the personal lives of those involved as criminal law. The law can, and does, change quickly, and attorneys need to stay abreast of the latest developments to effectively represent their clients. Thankfully, modern government bodies publish current primary law (and many useful secondary sources) online. The sites outlined below will take users to reliable sources of Michigan criminal law and procedure.

Gamble, Dual Sovereignty, And Due Process, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

The Constitution’s Double Jeopardy Clause is an analytically gnarly beast. What seems like a fairly straightforward prohibition on multiple prosecutions for the same crime turns out to be a bramble bush of doctrinal twists and snarls. At the center is the so-called “dual sovereignty” doctrine. This principle holds that separate sovereigns may prosecute for what looks like the same “offence”—to use the Constitution’s language—because they have separate laws, and those laws prohibit separate offenses, and thus the Double Jeopardy Clause’s bar on multiple prosecutions for the same offense simply does not come into play. As a doctrine that relates to …

Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio

Scholarly Articles in Law Reviews & Journals

No abstract provided.