Criminal Law Commons^™

Unspoken Immunity And Reimagined Justice: The Potential For Implementing Restorative Justice And Community Justice Models In Police-Related Shootings, Hannah Walker

Pace Law Review

The purpose of this Note is to analyze the limitations of the criminal legal system when faced with cases of police-related shootings. Specifically, I will discuss two instances of police (mis)conduct that captured the attention of the nation in the past three years: the non-indictment of Cleveland Police Officer Timothy Loehmann and the conviction of NYPD Officer Peter Liang. First, by assessing the circumstances and responses to those two cases, I will argue that the criminal legal system is inherently incapable of responding to and remedying the violence that occurs in situations laced with power, privilege, and emotional trauma. Second, …

Criminal Law: Clarifying “Wrongfulness” In Insanity Cases, Kate E. Bloch, Jeffrey Gould

The Judges' Book

No abstract provided.

Digital Surveillance And Preventive Policing, Manuel A. Utset

Scholarly Publications

No abstract provided.

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Violating Victims’ Right To Privacy And Personal Autonomy Under Virginia’S New Mandatory Reporting Requirements, Anne P. Steel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The House Always Wins: Systemic Disadvantage For Criminal Defendants And The Case Against The Prosecutorial Veto, Evan G. Hall

Cornell Law Review

No abstract provided.

Genealogy Of The Concept Of "Hate Crime": The Cultural Implications Of Legal Innovation And Social Change, Roslyn Myers

Dissertations, Theses, and Capstone Projects

The term "hate crime" is new to legislative and public discourse, as well as legal and social science scholarship. A decade after the concept of a "hate crime" was introduced in Congress, the 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act (HCPA), to punish criminal actors who target victims because of their characteristics (race, color ethnicity, sexual orientation, religion, gender, gender identity, or disability). Using relevant archival sources, this project uses genealogical qualitative methods to examine the interplay of cultural elements manifested in this provocative term, which reflect dominance and subjugation among social groups (In- and Out-Groups) …

Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman

Nevada Law Journal

No abstract provided.

Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens

Nevada Law Journal

No abstract provided.

Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona

West Virginia Law Review

No abstract provided.

The Nature Of The Crimes In The African Criminal Court, Charles C. Jalloh

Articles

This article examines the distinction between 'international' and 'transnational' crimes in contemporary international legal literature. It considers this traditional division through the lens of the African Union (AU) s Malabo Protocol, adopted in June 2014, which seeks to establish the first regional penal court with material jurisdiction over 14 crimes. The author argues that, while the international/transnational crimes distinction may be analytically convenient for scholars, the codification of both types of prohibitions into a regional treaty illustrates that some states are less concerned about adherence to crime categories and more interested in proscribing whatever conduct pose threats to their peace …

Individual Levels Of Bias And Immigration Policies In The United States: A Test And Extension Of The Dual Processing Model Of Bias, Lorraine Phillips

Dissertations, Theses, and Capstone Projects

The present study was a test and extension of the Dual Process Model of bias on attitudes toward immigrants and immigration policy in the United States. The Dual Process Model predicts that people who score higher on either the Social Dominance Orientation scale or the Right Wing Authoritarian scale will hold more negative attitudes toward immigrants, particularly if immigrants are viewed as a threat. A sample of 315 participants from across the United States was recruited using Amazon’s M Turk site. This study used a combination of attitudinal measures, policy scales, and experimental vignettes. The study found that the Dual …

Brady Violations And The Due Diligence Rule In Montana, Kathryn Brautigam

Montana Law Review

Brady Violations and the Due Diligence Rule in Montana

Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the …

Section 5: Criminal Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail

Pepperdine Law Review

For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have led to devastating …

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Legal Dualism And Inconsistency Regarding Inmates’S Rights: A Review Toward Implementation Of Government Regulation Number 99 Of 2012, Feby Mutiara Nelson

Indonesia Law Review

In 1999, the Government of Indonesia established Government Regulation (GR) 32/1999 on the Procedures for the Implementation of the Rights of Inmates which has been most recently amended by GR 99/2012. However, the establishment of GR 99/2012 creates complication and unfairly discriminates against inmates committing extraordinary crimes (terrorism, drug abuse, corruption, crimes against the security of the state, crimes against humanity and other transnational organized crimes) impeding such inmates to file for remission and parole. This paper examines the consistency between the implementation of GR 99/2012 and the concept of criminal punishment in Indonesia. It is a summary of empirical …

Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly

Faculty Scholarship

A recent federal appellate court ruling of first impression permits the resolution of allegations of serious corporate criminal wrongdoing by way of an Alternative Dispute Resolution mechanism called Deferred Prosecution, without appropriate judicial review. This Article describes why this ruling is ill-advised, and suggests how other courts might address these same legal issues while arriving at different conclusions. This Article argues that if federal prosecutors are going to continue using Deferred Prosecution Agreements (“DPAs”) in addressing allegations of corporate criminal misconduct, then that discretionary power must be confined and checked through meaningful judicial review. The overriding concern with the appellate …

Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Law School Blogs

No abstract provided.