Criminal Law Commons^™

Volume 2, Issue 2 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Fighting Drug Addiction In The Aftermath Of The War On Drugs: Rehabilitative Or Promoting Reoffending?, Haylee Beamer

Criminal Law Society Blog

This Article examines the evolution of drug control policy in the United States, arguing that although modern strategies target both supply and demand reduction mechanisms, they remain fragmented and insufficiently focused on rehabilitation. It traces the historical development of the War on Drugs and its lasting emphasis on punitive enforcement, highlighting the continued reliance on drug task forces and confidential informants. While contemporary reforms such as drug courts and prosecutorial diversion programs demonstrate measurable success in reducing recidivism and promoting recovery, their impact is undermined by inconsistent integration across the criminal justice system. This Article contends that a more cohesive, …

Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S

Indonesian Journal of International Law

The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …

Federal Prosecution In The Shadows Of Constitutional Immunity, J. Richard Broughton

Kentucky Law Journal

No abstract provided.

Somebody's Watching Me: Modern Abusers Use Modern Methods Of Control, Savannah Molyneaux

Kentucky Law Journal

No abstract provided.

Welcome To The Trump Administration’S Board Of Immigration Appeals. The Immigrant Always Loses., Jason A. Cade

Scholarly Works

The first 100 opinions in Volume 29 of the Board of Immigration Appeals’ precedential decisions—issued at more than three times the historical pace—constitute a project. The Trump Administration has used the Attorney General’s self-referral power and a reconstituted, ideologically aligned Board to engineer a body of precedents that reliably produces one result: removal. This Essay organizes these decisions, cataloged in a full Appendix, into five main categories: (1) narrowing relief for noncitizens alleging persecution; (2) expanding mandatory detention while narrowing discretionary release; (3) maximizing the immigration consequences of criminal history and related grounds while foreclosing the relief mechanisms Congress created …

Regression Dressed As Reform: Bharatiya Nyaya Sanhita And The Shifting Contours Of Political Speech, Anushka Singh

National Law School of India Review

This paper examines the shifting contours of criminal law in relation to political speech, with a focus on Section 152 of the Bharatiya Nyaya Sanhita (BNS). It advances three arguments. First, the decolonising narrative behind deleting sedition glosses over substantive continuities between colonial and post-colonial periods, with Section 152 BNS refashioning the colonial-era bifurcation between ‘sedition’ and ‘sedition-like’ activity. The BNS provision represents a backslide in the way it converges the various legal and political connotations of sedition from colonial to contemporary times, creating a new criminal category constructed through popular political-extra-legal discourses. Second, Section 152 BNS borrows from the …

People V. Goetz, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Criminal Law Society

2025–2026 Flyers

Author Elliot Williams will discuss his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation. The Goetz case will be familiar to Cardozo students from1L Criminal Law curriculum and the discussion will highlight the case's broader social and cultural impact. Five Bullets is a New York Times & Washington Post "Most Anticipated Book of 2026"

Book Talk: Cnn Legal Analyst Elliot Williams On Five Bullets, Jacob Burns Center For Ethics In The Practice Of Law, Criminal Law Society, Elliot Williams, Jessica A. Roth

2026 Event Invitations

Join the Jacob Burns Center for Ethics in the Practice of Law and the Cardozo Criminal Law Society for a conversation with Elliot Williams about his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation. This book revisits the infamous Goetz case and its broader legal and cultural impact. Mr. Williams will be joined in conversation by Professor Jessica Roth.

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle

Northwestern University Law Review

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

Litigating With No Receipts: How The Denial Of Access To Trial Transcripts Denies People The Opportunity To Access Justice, Madisen Zent

University of Cincinnati Law Review

No abstract provided.

Aspek Hukum Dari Wewenang Dan Tanggung Jawab, Dedi Soemardi

Jurnal Hukum & Pembangunan

Abstract

Kekuasaan Kehakiman Yang Merdeka : Suatu Upaya Dalam Melaksanakan Uud 1945 Secara Murni Dan Konsekuen, Budiman B. Sagala, S.H.

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Terhadap Merk Luar Negeri, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract