To Catch A Predator Abroad: A Call For Greater Extraterritorial Enforcement Of Sexual Exploitation Of Children,
2017
SJ Quinney College of Law, University of Utah
To Catch A Predator Abroad: A Call For Greater Extraterritorial Enforcement Of Sexual Exploitation Of Children, Michelle Kfoury
Utah Law Student Scholarship
What can be done do increase extraterritorial enforcement of sexual exploitation crimes? To start, it would help if the United Nations established a convention to impose an obligation on signatory nations to adopt a criminal prohibition of sexual exploitation. In her presentation to the UN Human Rights Council, Special Rapporteur Najat Maalla M’jid suggests proposing a set of laws that can be easily adopted by all states. Such a broad set of laws would need to include a legal definition of child pornography, criminalize the mere possession of child pornography, criminalize sexual exploitation crimes facilitated by computers, and require all …
Revisiting The Voluntariness Of Confessions After State V. Sawyer,
2017
University of Maine School of Law
Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos
Maine Law Review
Every individual in our society needs confidence in our criminal justice system to know that one cannot be convicted of a crime unless a fact finder is convinced of every necessary element with the highest assurances of the truth. The process of establishing facts in a criminal trial is highly dependent upon how decision-making power is allocated between the judge and the jury and upon the fairness of that allocation. This Note discusses the areas of confession law and burdens of proof in the context of how federal criminal constitutional doctrines that affect the fact-finding process offer less than clear …
Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey,
2017
University of Maine School of Law
Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey, Barbara H. Taylor
Maine Law Review
In United States v. Corey, Alvin Scott Corey was found guilty of possessing a firearm as a felon. Although Corey's possession of a Smith and Wesson shotgun violated Maine law, Corey was prosecuted in the United States District Court under the federal statute 18 U.S.C. § 922(g)(1) and its penalty statute, § 924(e). On appeal, Corey argued that one of the requirements for his conviction, proof of the statute's jurisdictional element, had not been satisfied because that proof rested on expert testimony based, in part, on hearsay. The First Circuit Court of Appeals, in a split decision, affirmed Corey's conviction, …
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance,
2017
University of Maine School of Law
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan
Maine Law Review
In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India,
2017
SIT Graduate Institute
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson
Capstone Collection
In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and …
Policy Paper: The Need To Enhance Victims’ Rights In The Florida Constitution To Fully Protect Crime Victims’ Rights,
2017
S.J. Quinney College of Law, University of Utah
Policy Paper: The Need To Enhance Victims’ Rights In The Florida Constitution To Fully Protect Crime Victims’ Rights, Paul Cassell, Margaret Garvin
Utah Law Faculty Scholarship
Given the emerging consensus concerning victims' rights as reflected in many state constitutions as well as in federal law, Florida should not simply rest on the nearly thirty-year-old provison currently in its constitution. Instead, Florida should, through its established and recognized procedures, expand the protections contained in its provision to cover the rights reflected in provisions enacted across the country and reflected in Marsy's Law.
Criminal Law,
2017
Mercer University School of Law
Criminal Law, Bernadette C. Crucilla
Mercer Law Review
The adversarial nature between prosecutors and those charged with crimes makes criminal law, in particular, be in a constant state of transformation. Thus, as in prior years, this year's survey of criminal law will include only a few of the most significant cases and statutory amendments. Due to this constant evolution, it is simply not practical to attempt to make note of every single legal development. Therefore, the discussion this period has been limited to the changes that will have the widest application or interest to criminal law practitioners from June 1, 2016 through May 31, 2017.
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors,
2017
University of Washington School of Law
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors, Jessica E. Burrus
Washington International Law Journal
In September of 2016, Ahmad Al Faqi Al Mahdi was convicted in the International Criminal Court (“ICC”) for the intentional destruction of several World Heritage sites during the 2012 conflict in Timbuktu, Mali. This conviction was hailed as a breakthrough after years of frustration with the lack of enforcement of international laws prohibiting the destruction of cultural property. It was also the first conviction of its kind, and advocates of cultural preservation have celebrated it as a much-needed general deterrent in North Africa and the Middle East, where iconoclasm has become a favorite tactic of various state and non-state actors …
Droning On: The State And Federal Legal Response To The Deregulation Of U.S. Airspace For Small Unmanned Aircraft Systems,
2017
Indiana State University
Droning On: The State And Federal Legal Response To The Deregulation Of U.S. Airspace For Small Unmanned Aircraft Systems, Lisa K. Decker
Journal of Criminal Justice and Law
With the 2012 congressional mandate that the Federal Aviation Administration promulgate rules allowing the use of small unmanned aircraft systems (commonly called drones) in U.S. airspace, many have expressed concerns about potential invasions of privacy by both private citizens and law enforcement agencies. This article provides a survey of the state and federal case law and legislative responses to such concerns through August of 2016, with a detailed focus on legislative enactments creating crimes related to civilian drone use and regulating the law enforcement use of drones to collect evidence in criminal investigations. The article also analyzes and attempts to …
Transparency Behind Bars: A History Of Kansas Jail Inspections, Current Practices, And Possible Reform,
2017
Washburn University
Transparency Behind Bars: A History Of Kansas Jail Inspections, Current Practices, And Possible Reform, Melanie K. Worsely, Amy Memmer
Journal of Criminal Justice and Law
Accountability in the corrections system is essential to protecting the well-being and safety of inmates. To provide a better understanding of the methods of ensuring the humane treatment of inmates, this article traces the history of Kansas’s jail inspection policy, beginning with passage of the state’s 1973 jail inspection statute. An examination of the legislative history of Kansas’s inspection statute and jail inspection reports, in addition to oral history interviews with corrections officials, reveals that the statute was effective in providing accountability and producing measurable improvements in jail conditions. The history of Kansas’s jail inspection statute, including its repeal in …
Grand Juries And Cases Of Police Use Of Deadly Force: Are Prosecutors Opening A Closed Door?,
2017
Edinboro University of Pennsylvania
Grand Juries And Cases Of Police Use Of Deadly Force: Are Prosecutors Opening A Closed Door?, Joseph P. Conti
Journal of Criminal Justice and Law
In recent years, considerable national attention has been focused upon cases in which police officers used deadly force that resulted in the death of private citizens. The officers often contended that the use of deadly force was justified under the circumstances. Prosecutors then presented these cases to grand juries to determine whether criminal prosecutions were warranted. Some prosecutors have elected to provide full grand jury reviews that include the presentation of exculpatory evidence or at least evidence favorable to the police. Although prosecutors have no constitutional obligation to provide such reviews, those who elect to provide full grand jury reviews …
County Judges And Cosmetologists: A Preliminary Inquiry Into “Constitutional” County Courts,
2017
University of Houston-Downtown
County Judges And Cosmetologists: A Preliminary Inquiry Into “Constitutional” County Courts, Larry Karson
Journal of Criminal Justice and Law
Since at least the days of Prohibition there has been a discussion regarding the professionalism of the individuals involved in the American criminal justice system. From the police officers being required to have some college education along with months of academy training in the law and procedures of the justice system to attorneys being mandated, after college, to complete a 3 year program of formalized academic training in the law and passing a state administered exam of competence, the requirements that determined competency have increased as society and the law have become more complex.
Federalism And Constitutional Criminal Law,
2017
Villanova University Charles Widger School of Law
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Faculty Publications
A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …
Due Process Abroad,
2017
University of Georgia
Due Process Abroad, Nathan Chapman
Scholarly Works
Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up to now, …
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment,
2017
Texas Southern University
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
This article is an excerpt American Prisons: A Critical Primer on Culture and Conversion to Islam. The central aim of this chapter is to examine the post-civil rights push toward harsh punishment through the cultural lens of ritual. The United States is one of the most punitive countries on the planet--the country is the world leader in imprisonment and is one of the top five that executes capital defendants. However, determining the catalysts of this turn to harsh punishment has proved vexing. Scholars have adequately explained how the end of the welfare state, followed by a proliferation of drug laws, …
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition,
2017
Thurgood Marshall School of Law
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
In Texas, the legislature meets every 2 years and at the end of a regular legislative session, hundreds of passed bills will have been sent to the governor for approval. The large number of bills and the wide range of topics they cover can make it difficult to gain an understanding of all the new laws that were passed. At the close of each legislative session the Earl Carl Institute publishes, for the benefit of its constituents, highlights from the session in a bi-annual legislative report. In this year’s publication entitled Report on the Texas Legislature, 85th Session: An Urban …
Brief On The Investigation Of Canadian Nationals For War Crimes And Crimes Against Humanity In Afghanistan,
2017
Osgoode Hall Law School of York University
Brief On The Investigation Of Canadian Nationals For War Crimes And Crimes Against Humanity In Afghanistan, Craig Scott
Commissioned Reports, Studies and Public Policy Documents
Acting Director of the Nathanson Centre, Professor Craig Scott, has submitted a brief to Prosecutor Fatou Bensouda of the International Criminal Court providing evidentiary reasons why Canadians in the military and civilian chain of command during Canada ‘s presence in the war in Afghanistan should fall within the scope of the Prosecutor’s efforts to investigate the “situation in Afghanistan” with respect to war crimes committed by the Taliban, the CIA and Afghan National Security Forces. Potential criminal responsibility arises from Canada ‘s policy and practices on the transfer of captives to both the US and Afghanistan. The brief also highlights …
Bradley V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 92 (Nov. 22, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Bradley V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 92 (Nov. 22, 2017), Brianna Stutz
Nevada Supreme Court Summaries
The Court held that the district court erred when it ordered J.A.’s juvenile and delinquency records be turned over to the defense in Hudson’s criminal case. The Court held that Dr. Bradley’s confidential records pertaining to J.A. are privileged, and no exception or waiver applies.
Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly,
2017
University of Maine School of Law
Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly, Nancy Gertner
Maine Law Review
Sentencing is different from almost all functions of the government and surely different from the other functions of the judiciary. It is the moment when state power meets an individual directly. It necessarily involves issues that are distinct from those in other areas of the law. It requires a court to focus on the defendant, to craft a punishment proportionate to the offense and to the offender. It should come as no surprise that in countries across the world, common law and civil code, totalitarian and free, judges have been given great discretion in sentencing. To be sure, that power …
Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice,
2017
University of Maine School of Law
Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice, Richard J. Goldstone
Maine Law Review
The Thirteenth Annual Frank M. Coffin Lecture on Law and Public Service was held in the fall of 2004. Justice Richard J. Goldstone, former Justice of the Constitutional Court of South Africa and pioneer for international justice and human rights, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law.
