Criminal Law Commons^™

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Faculty Scholarship

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system. This paper examines the rise of the school-to-prison pipeline through …

Abortion And Penal Law, Joseph T. Tinnelly, C.M.

The Catholic Lawyer

No abstract provided.

Rape And Mental Health Outcomes Among Women: Examining The Moderating Effects Of “Healthy” Fear Levels, Ryan E. Spohn, Emily M. Wright, Johanna C. Peterson

Criminology and Criminal Justice Faculty Publications

This study examined the mediating and moderating impact of fear of victimization on the relationships between forcible and vicarious rape on depression and PTSD among college women. Forcible and vicarious rape positively affected PTSD and depression symptomology, but fear did not mediate these relationships. Fear moderated the impact of forcible rape on PTSD, but was not a moderator for depression. Findings suggest that there may be “healthy” levels of fear in the aftermath of victimization where having too little fear may leave women unnecessarily vulnerable to victimization, while having too much fear may lead to social isolation and withdrawal.

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …

Implementing Change In Sentencing And Corrections: The Need For Broad-Based Research, Nora V. Demleitner

Scholarly Articles

None available

Constitutional Retroactivity In Criminal Procedure, Alex Stein, Dov Fox

Faculty Scholarship

No abstract provided.

The Right To Be Virtually Clothed, Peter W. Cooper

Washington Law Review

Nonconsensual pornography, also known as, “revenge pornography” or “cyber exploitation,” is the publication of a person’s nude image or video online by a third party. It is a privacy violation that can ruin a person’s social and professional life. Although advocates and lawmakers have done substantial work addressing this problem, current legal remedies fall short. This Comment argues that two privacy protections developed abroad, the “right to be forgotten” and the “right to delete,” should be applied domestically to nonconsensual pornography. One aspect of the “right to be forgotten,” i.e., the ability to remove nonconsensually posted images from search engine …

Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller

Nevada Law Journal

No abstract provided.

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

When Is A Trafficking Victim A Trafficking Victim? Anti-Prostitution Statutes And Victim Protection, Michele Boggiani

Cleveland State Law Review

Victims of sex-market trafficking are often criminalized under anti-prostitution statutes rather than protected under anti-trafficking laws. As a result, trafficking victims suffer ramifications resulting from both the exploitation of their captors and the social stigma of criminalization. The combined hardships make it exponentially more difficult for victims to overcome their past and safely reintegrate into society. This Article first identifies the sources of the double-victimization problem, including the perpetuated stereotypes regarding trafficking victims and the methods of exploitation, inadequate law enforcement training, and statutes that conflate sex-market victims with prostitution. Having identified the source of the problem, the author proposes …

Law Library Blog (June 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Yamar V. State Of Israel, Hanan Melcer, Daphne Barak-Erez, Uri Shoham

Translated Opinions

This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

This is an appeal on a verdict, and alternatively, on the severity of the sentence. The background: On the evening of the fatal event, the Decedent and the Appellant met by chance. The Decedent demanded that the Appellant pay him NIS 1000. Later, the Decedent took the Appellant to a dark parking lot, threatened to beat him if he did not pay the said …

The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski

Reports

Studying the Irish Constitutional Law, requires the understanding of how the Irish Political System was evolved. Montesquieu's tripartite system, adopted by the Republic of Ireland is the judiciary[1] has a particular place in the Irish Constitution in articles 34 - 37[2].

The main purpose of this essay is to analyse the balance between the jurisdiction of the Irish Courts in the protection of the constitutional rights of a person accused of a crime and the functioning of the criminal justice system in protecting Society`s general interest. The first section presents a brief summary of the courts functions …

Insanity As A Defense In Criminal Law, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.

Defense Problems Under The Durham Rule, Hugh J. Mcgee

The Catholic Lawyer

No abstract provided.

Prosecution Problems Under The Durham Rule, Oliver Gasch

The Catholic Lawyer

No abstract provided.

Mental Disease And Criminal Responsibility: Ii, Joseph T. Tinnelly, C.M.

The Catholic Lawyer

No abstract provided.

Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon

Journal of Legislation

No abstract provided.

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School Of Law, Jack Brook

Life of the Law School (1993- )

No abstract provided.