Criminal Law Commons^™

Book Review: The Killing Of Death: Denying The Genocide Against The Tutsis, Kee En Chong

Genocide Studies and Prevention: An International Journal

No abstract provided.

A Legal Approach To Combating Terrorist Organization Funding Through The Counterfeit Market, Amanda Kusnierz

Cardozo International & Comparative Law Review

The note argues that counterfeiting has become a critical funding mechanism for terrorist organizations, particularly radical Islamic jihadist groups, due to its profitability and relative anonymity. Current legal frameworks, such as the Anti-Counterfeiting Trade Agreement (ACTA) and material support laws like section 2339B of the USA PATRIOT Act, are insufficient to address this threat effectively. The analysis highlights the need for stricter penalties, increased consumer awareness, and international cooperation to disrupt the financial networks supporting terrorism through counterfeiting.

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll

Fordham Law Review

A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals. By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize it. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …

A Theory Of Differential Punishment, Jack Boeglin, Zachary Shapiro

Vanderbilt Law Review

A puzzle has long pervaded the criminal law: why are two offenders who commit the same criminal act punished differently when one of them, due to circumstances beyond her control, causes more harm than the other? This tradition of result-based differential punishment the practice of varying offenders' punishment based on whether or not they cause specific "statutory harms"-has long stood as an intractable problem for scholars and jurists alike.

This Article proposes a solution to this long-standing conceptual problem. We begin by introducing a dichotomy between two broad and exhaustive categories of ideological justifications for punishing criminal offenders. The first …

Fifty Years Later And Miranda Still Leaves Us With Questions, Nicole Langston, Bernice B. Donald

Vanderbilt Law School Faculty Publications

This affords the suspect safeguards to make an informed choice between speech and silence and prevents involuntary statements. Although Miranda warnings are seemingly standard, the Miranda decision did not come without criticism.' Now, on the fiftieth anniversary of the Supreme Court's decision, the topic still garners intense debate.' Even after all of these years, there are still critics who do not support Miranda warnings, and now they rely on long-term studies about the effectiveness of Miranda warnings to support their positions. Yet, even with these new studies, there still remains some ambiguity about the effectiveness of Miranda rights concerning whether …

The Miranda Custody Requirement And Juveniles, Paul Marcus

Faculty Publications

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …

Humanizing The Corporation While Dehumanizing The Individual: The Misuse Of Deferred-Prosecution Agreements In The United States, Andrea Amulic

Michigan Law Review

American prosecutors routinely offer deferred-prosecution and nonprosecution agreements to corporate defendants, but not to noncorporate defendants. The drafters of the Speedy Trial Act expressly contemplated such agreements, as originally developed for use in cases involving low-level, nonviolent, noncorporate defendants. This Note posits that the almost exclusive use of deferrals in corporate cases is inconsistent with the goal that these agreements initially sought to serve. The Note further argues that this exclusivity can be attributed to prosecutors’ tendency to only consider collateral consequences in corporate cases and not in noncorporate cases. Ultimately, this Note recommends that prosecutors evaluate collateral fallout when …

Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger

St. Mary's Journal on Legal Malpractice & Ethics

In 1966, Professor Monroe Freedman authored Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, a work that occupies an important place in the cannon of legal ethics. Freedman believed that the three hardest questions facing a criminal defense attorney relate to whether it is ethical to discredit a truthful witness; whether it is proper to knowingly allow a client to testify falsely; and whether a lawyer may provide a client with legal advice when the lawyer suspects the client may use that advice to commit a crime. Beyond Freedman’s queries there are other important, yet largely unaddressed, …

Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh

All Faculty Scholarship

After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a way …

"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.

Human Torts, Lisa J. Laplante

Cardozo Law Review

Human Torts is the first article to describe how ordinary municipal tort lawsuits in the United States provide essential remedies for human rights abuses. Despite the rising level of hate crimes, bullying, corporate malfeasance, and other private acts that result in great harm and can lead to civil litigation, American scholars have never explored how everyday tort claims grounded in purely domestic common law doctrine between private, non-state actors are in fact human rights claims even if never pleaded as such in U.S. courts. Framing tort litigation as a form of human rights protection may appear to be a novel …

False Massiah: The Sixth Amendment Revolution That Wasn't, Wayne A. Logan

Scholarly Publications

No abstract provided.

Your Bodies, Ourselves: Legal Protection Of Potential Human Life, Jeffery A. Parness

The Catholic Lawyer

No abstract provided.

People V. Eulo: New York Adopts The Brain Death Standard For Homicide Cases

The Catholic Lawyer

No abstract provided.

Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Stein V. United States Of America (U.S. September 15, 2017) (No. 17-250)., Janet Moore

Faculty Articles and Other Publications

Petitioner’s case asks a basic but fundamental question: Will our criminal justice system permit convictions obtained through the knowing use of false testimony, simply because the prosecutor has not also suppressed evidence indicating the testimony was false? The Eleventh Circuit answered this question in the affirmative, but for decades this Court has known a very different justice system, one in which the knowing, uncorrected use of false testimony by the prosecutor could never be countenanced. And for good reason. As this Court has long recognized, the knowing use of false testimony is “as inconsistent with the rudimentary demands of justice …

The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani

Washington and Lee Law Review Online

In Matters of Strata: Race, Gender, and Class Structures in Capital Cases, Professor Phyllis Goldfarb examines the ways in which race, class, and gender affect the American criminal justice system generally, and its death penalty system in particular. This Response focuses on one of Goldfarb’s observations: The relationship between slavery and the death penalty. This relationship helps to explain why, over the past four decades, the thirteen states that comprised the former Confederacy have been responsible for nearly all of this nation’s executions. Although the U.S. Supreme Court has repeatedly failed to address the death penalty’s roots in slavery, …

The Welfare Effects Of Civil Forfeiture, Michael Preciado, Bart J. Wilson

ESI Publications

Using a laboratory experiment we explore competing claims on the welfare effects of civil forfeiture. Experiment participants are tasked with making trade-offs in allocating resources “to fight crime” with and without the ability to seize and forfeit assets. It is an open question whether the societal impact of reducing crime is greater in a world with or without civil forfeiture. Proponents of civil forfeiture argue that the ill-gotten gains of criminals can be used by law enforcement to further fight crime. Opponents claim that the confiscation of assets by law enforcement distorts the prioritization of cases by focusing attention, not …

The Federal Government's Role In Securing Justice In Domestic Abuse Cases, Margaret Groban

Maine Law Review

Domestic Violence is a national crime problem that knows no boundaries—it impacts people of all races, colors, creeds, nationalities, religions, and sexual orientation. It impacts the rich and the poor and the middle class. It is clearly an equal opportunity crime. From 1980-2008, over two-thirds of victims murdered by a spouse or ex-spouse were killed by guns. In 2008, 53% of these victims were killed with guns. When a gun was in the house, an abused woman was six times more likely than other abused women to be killed. The domestic violence problem in Maine is equally stark and tragic …