Criminal Law Commons^™

Book Review Of Lizzie Borden On Trial: Murder, Ethnicity, And Gender, Linda K. Tesar

Library Staff Publications

No abstract provided.

San Antonio 4 Win Declaration Of Innocence, Arthur S. Leonard

Other Publications

No abstract provided.

75 Years For Poz Man’S Unprotected Sex With Gay Teen Upheld, Arthur S. Leonard

Other Publications

No abstract provided.

The Sexual Assault Of Older Women: Criminal Justice Responses In Canada, Isabel Grant, Janine Benedet

All Faculty Publications

This article examines sexual violence against older women, a problem that has been largely hidden from view in the societal and legal discussion of sexual assault. The article identifies a significant disconnect between the social science description of sexual assault against older women, on the one hand, and the available case law, on the other. The social science literature suggests that older women are most likely to be sexually assaulted by somebody they know and that a disproportionate number of the sexual assaults against older women take place within care facilities. The case law, however, paints a very different picture …

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott

Articles

The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …

Schofield V. State, 132 Nev. Adv. Op. 26 (Apr. 21, 2016), Kristian Kaskla

Nevada Supreme Court Summaries

The Court determined that (1) Nevada’s first-degree kidnapping statute NRS 200.310(1)'s "intent to keep" language is ambiguous; (2) NRS 200.310(1) requires proof that the accused intended to keep the minor for a protracted period of time or permanently; and (3) reversal is warranted because there is insufficient evidence to support appellant's first-degree kidnapping conviction under the proper legal standard.

Harte V. State, 132 Nev., Adv. Op. 40 (June 2, 2016), Brandonn Grossman

Nevada Supreme Court Summaries

The Court reaffirmed Flanagan v State, holding that the district court has discretion to admit evidence of a codefendant’s sentence in penalty hearings and affirming the district court’s sentence in the matter.

Justin V. Second Jud. Dist. Ct., 132 Nev. Adv. Op. 47 (June 30, 2016), Paul George

Nevada Supreme Court Summaries

The plain language of NRS § 178.509 does not provide for automatic exoneration of a surety bond when a defendant is remanded to custody or convicted.

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

Loyola of Los Angeles Law Review

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 …

The Death Knell For The Death Penalty: Judge Carney's Order To Kill Capital Punishment Rings Loud Enough To Reach The Supreme Court, Alyssa Hughes

Loyola of Los Angeles Law Review

No abstract provided.

Brumfield V. Cain: Developing A Matter Of Disability And Death, Stesha Turney

Loyola of Los Angeles Law Review

No abstract provided.

Juvenile Justice Reform And The Myth Of The Superpredator, Frank E. Vandervort

Other Publications

In the 1980s and 1990s, driven to a moral panic by a sudden escalation in juvenile homicide rates, Michigan lawmakers enacted tougher laws with the intention of cracking down on all juvenile crime. That was the era of the “superpredator” (a term that has recently resurfaced in the presidential contest), a term coined by John Dilulio ,a Princeton professor who later became the Director of Faith Based Initiatives in George W. Bush’s administration, and was spread far and wide by a number of self-serving reform advocates who predicted an onslaught of psychopathic juvenile predators.

Here in Michigan, then-Governor John Engler …

Empirical Methods And Critical Race Theory: A Discourse On Possibilities For A Hybrid Methodology, Mario L. Barnes

Articles

No abstract provided.

Challenging The "Criminal Alien" Paradigm, Angélica Cházaro

Articles

Deportation of so-called “criminal aliens” has become the driving force in U.S. immigration enforcement. The Immigration Accountability Executive Actions of late 2014 provide the most recent example of this trend. Even for immigrants’ rights advocates, conventional wisdom holds that if deportations must occur, “criminal aliens” should be the first to go. A voluminous “crimmigration” scholarship notes the ever-growing entwinement of criminal and immigration enforcement, but does not challenge this fundamental premise.

This Article calls for a rejection of the formulation of the “criminal alien”—the figure used to increasingly justify the preservation and expansion of a harmful immigration regime. It thus …

Police Stories, Helen A. Anderson

Articles

As lawyers and judges know, the facts, and the stories created with those facts, make the law: “[A] case well stated is more than half argued.” The police narrative is one of the most common narratives in legal writing, simply because there are so many criminal cases, as well as numerous civil cases, involving police. For the most part, these narratives tell the familiar story of the hardworking, careful police officer in a challenging situation with dangerous criminals.

These narratives do much of the work of an appellate argument, just as Chief Justice Robert’s story about Officer Devlin makes the …

2015 Survey Of Rhode Island Law: Cases And Public Laws Of Note, Roger Williams University Law Review Staff

Roger Williams University Law Review

No abstract provided.

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Roger Williams University Law Review

No abstract provided.

Whither Reasonable Suspicion: The Supreme Court's Functional Abandonment Of The Reasonableness Requirement For Fourth Amendment Seizures, Steven P. Grossman

All Faculty Scholarship

Although the United States Supreme Court’s approach to issues governing application of the probable cause requirement of the Fourth Amendment has mutated over the years, at least one aspect of its approach has remained constant. Before information leading to probable cause or its lesser iteration of reasonable suspicion is found to exist, the government must demonstrate in some meaningful way the reliability of the person providing the information or of the information itself. Lacking such reliability, no search or seizure based on probable cause or reasonable suspicion is permitted. In its recent decision in Navarette v. California, the Court largely …

Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan

All Faculty Scholarship

The movement to reduce over-prosecution and mass incarceration has focused almost exclusively on non-violent offenders despite data showing that over half of all prisoners incarcerated within the United States are sentenced for crimes of violence. As a consequence of the focus on nonviolent offenses, the majority of current and future defendants will not benefit from initiatives offering alternatives to criminal prosecution and incarceration.

A discussion of alternatives to the criminal justice system in cases of violent crime must begin by acknowledging that violent crime is not monolithic. Many incidents meet the statutory elements of a violent crime, that is, the …

Transforming The System, India Thusi, Robert L. Carter

Books & Book Chapters by Maurer Faculty

Our criminal justice system must keep all communities safe, foster prevention and rehabilitation, and ensure fair and equal justice. But in too many places, and in too many ways, our system is falling short of that mandate and with devastating consequences. The United States is saddled with an outdated, unfair, and bloated criminal justice system that drains resources and disrupts communities.

The U.S. prison population has swelled to unprecedented levels and unequal, unjustified treatment based on race and ethnicity is well documented. People of color, particularly Native American, African American, and Latino people, have felt the impact of discrimination within …