Criminal Law Commons^™

اقتراح قانون تعديل قانون العقوبات: هل يلتزم حقوق الإنسان المكرّسة في الاتفاقات الدولية؟, دريد بشراوي

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

اختصاص المجلس الأعلى في محاكمة رئيس الوزراء والوزراء في التشريعين اللبناني والفرنسي, دريد بشراوي

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates

Maine Law Review

Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …

The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam

Maine Law Review

When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …

Foreword, Adam Fortier-Brown

Maine Law Review

Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …

United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor

Ocean and Coastal Law Journal

In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits …

High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim

Ocean and Coastal Law Journal

In Spring, Texas, there is a house that has flooded twenty times due to heavy rain and flooding, resulting in National Flood Insurance Program (NFIP) payouts totaling over $912,000 to cover the repairs. This house’s current value is $42,000, so the payouts have dwarfed its value by over nineteen times. The story of this home is indicative of an ongoing crisis regarding the NFIP, but also a larger crisis of how we manage the risks of flooding in the United States. Flooding causes more damage in the United States than any other severe weather-related event, costing an average of $5 …

Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng

Ocean and Coastal Law Journal

Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Le Champ De Compétence De La Cour Pénale Internationale, Doreid Becheraoui

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Stopping Child Pornography And Csam Online: Act Local, Unite Global, Hon. Anne-Christine Massullo, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

Presidential Immunity: Before And After Trump, Thomas P. Schmidt

Faculty Scholarship

“All the officers of government,” the Supreme Court said long ago, “from the highest to the lowest, are creatures of the law, and are bound to obey it.” Despite that ringing and categorical language, however, the Court has held that the President — the “highest” and most powerful of all government officers — is “immune” from judicial oversight in several respects. Indeed, when the Court held last Term that former presidents are presumptively immune from criminal prosecution for officials acts, the dissenters warned: “In every use of official power, the President is now a king above the law.”

This Article …

Taking The Thumb Off The Scale: Rebalancing Parental And Children’S Rights To Empower Child Protective Services, Sebastian Wagner

Utah Law Review

This Note provides background on the current legal framework of state prevention of child maltreatment in the United States. It discusses parental rights and the Parental Rights Doctrine, child rights in the United States, and how states prevent child maltreatment through child protective service agencies.

This Note also explores the legal landscape surrounding the balance of parental rights and children’s rights in child welfare cases. One of the central issues in the current framework is how the Parental Rights Doctrine can significantly limit the state’s ability to intervene in cases where children are at risk. State intervention, governed by vague …

Treatment Sentences, Evelyn Lia Malavé

BYU Law Review

One of the most common mandates of a non-incarceratory sentence is to submit to treatment. Across the criminal legal system, from problem-solving courts to probation, millions of defendants sentenced to non-incarceratory sentences—including people not diagnosed with a substance abuse disorder—are required to attend drug treatment programs. After decades of policies that criminalized drug use, non-incarceratory sentences that match people with treatment may appear to be a step forward—or at least not the most pressing problem.

But criminal law scholarship has not fully reckoned with the harms of treatment sentences, including the harms of mandated treatment itself. Analysis of treatment sentences …

Causey V. Eighth Jud. Dist. Ct., 142 Nev. Adv. Op. 43 (June 18, 2026), Madeleine Langhoff

Nevada Supreme Court Summaries

Child abuse can be a continuing offense warranting only a single court or can be multiple, individual counts depending on the circumstances.

Perceptions Of Legitimacy In Three Forms Of Probation Supervision For People With Serious Mental Illness, Sophia Sarantakos, Emily Claypool

Qualitative Criminology (QC)

"In the context of criminal-legal community supervision, standard and specialized probation officers are often tasked with coordinating services for adults diagnosed with serious mental illness (SMI) on their caseloads. The coordination of services varies across different programs including traditional probation, specialty probation, and mental health court. Given the proliferation of programs focused on mental health in the criminal-legal system, the perspectives of front-line workers or street-level bureaucrats in criminal-legal agencies are a rich source of information about what is happening on the ground and could provide insights into the potential translational barriers of policy to practice. A deeper examination of …