Criminal Law Commons^™

Content Analysis Of Pre- And Post-Jones Federal Appellate Cases: Implications Of Jones For Fourth Amendment Search Law, James A. Purdon

Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects

This study examines the state of Fourth Amendment search law in relationship to the decision in the recent, landmark case of United States v. Jones. This study focused on the effects of the Jones decision, trespass doctrine, relative to the former precedent of Katz v. United States, reasonable expectation of privacy doctrine, and the rates of searches being found under these two tests (or a combination of both). This study used a qualitative content analysis of federal appellate cases which cited Jones and/or Katz to answer the following questions: Which tests were being used in federal appellate cases …

Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch

Seattle University Law Review

Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …

Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt

Seattle University Law Review

On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified to …

Alternative Courts And Drug Treatment: Finding A Rehabilitative Solution For Addicts In A Retributive System, Molly K. Webster

Fordham Law Review

    Sentencing drug crimes and treating drug-addicted defendants often stem from contradictory theories of punishment. In the late twentieth century, courts traded rehabilitation for retributive ideals to fight the “War on Drugs.” However, beginning with the Miami-Dade Drug Court, treatment and rehabilitation have returned to the forefront of sentencing policy in traditional and alternative drug courts.

    Jurisdictions have implemented a variety of policies designed to treat addiction as opposed to punishing it. Community courts, such as the Red Hook Community Justice Center in Brooklyn, New York, community-panel drug courts, such as the Woodbury County Community Drug Court in Iowa, and Hawaii’s …

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

University of Richmond Law Review

No abstract provided.

Consequences Of Reform: Penny Pether On Rape Law In Illinois And Australia, Mark Sanders

Villanova Law Review (1956 - )

No abstract provided.

Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan

Faculty Scholarship

An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing the previously intended offense. However, the same regime may induce offenders to initiate criminal plans more often by reducing the expected costs associated with such plans. The former effect is called the marginal deterrence effect and the latter is called the ex-ante deterrence effect of the abandonment defense. This Article formalizes a …

How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew

BYU Law Review

No abstract provided.

Willful Ignorance, Culpability, And The Criminal Law, Alexander F. Sarch

St. John's Law Review

(Excerpt)

The overriding aim of this Article is to shore up the normative basis for the willful ignorance doctrine and to clarify what is needed to arrive at a version of this doctrine that adequately respects its normative foundations.

The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry

St. John's Law Review

(Excerpt)

Part I discusses the development of the Court's ' kids are different" decisions. Part II argues that the rationale behind Graham applies not only to life-without-parole sentences but also to lengthy term-of-years sentences for juvenile non-homicide offenders. Part III suggests a constitutional mandate as to when states must provide a meaningful opportunity for release and explores other legislative action states can employ to comply with Graham.

A Picture Says A Thousand Words: Applying Foia's Exemption 7(C) To Mug Shots, Rebecca Rosedale

St. John's Law Review

(Excerpt)

This Note argues that Exemption 7(C) of the Freedom of Information Act ("FOIA"), which exempts from disclosure information compiled for law enforcement purposes that "could reasonably be expected to constitute an unwarranted invasion of personal privacy," should be categorically applied to mug shots. Part I of this Note explores the recognition of a privacy right and the regulation of public records in the United States, with a focus on FOIA. Part II discusses the conflicting viewpoints held by the circuit courts that have decided whether or not Exemption 7(C) applies to mug shots. Each court analyzed whether a personal …

Ensuring Protection Of Juveniles' Rights: A Better Way Of Obtaining A Voluntary Miranda Waiver, Yekaterina Berkovich

St. John's Law Review

(Excerpt)

Part I provides background information about the evolution of judicial treatment of juveniles and the admissibility of confessions. Part II analyzes the different approaches applied by federal and state courts to determine whether a juvenile's waiver of rights was voluntary and examines the flaws in those approaches. Part III proposes a new approach to remedy the problems courts have faced with the existing approaches and to provide consistent outcomes at the federal level.

Autism And The Criminal Defendant, Christine N. Cea

St. John's Law Review

(Excerpt)

Part I discusses autism spectrum disorders, including the diagnosis and characteristics of autism, and whether autism is linked to criminal behavior. Part II examines whether autism should be an affirmative defense to a crime, and concludes that it should not. However, Part II does propose that autism should be an affirmative defense to specific minor crimes. Part III analyzes potential prejudicial demeanor evidence that might occur when autistic defendants testify in their own defense at a trial. This Part argues that evidence of autism should be admitted in a trial to explain to the jury why an autistic individual …

Reconciling The Sex Offender Registration Act And The Family Court Act: Why The New York Legislature Should Allow Consideration Of Prior Juvenile Delinquency Adjudications In Sora Risk Level Determinations, Samuel J. Bazian

St. John's Law Review

(Excerpt)

This Note argues that advisory boards should not be prevented from considering juvenile delinquency proceedings in determining an adult offender's risk level. While one of the FCA's goals is to protect children from the stigma associated with a criminal conviction, the harm caused by the blanket prohibition against disclosing an offender's juvenile delinquency history outweighs its benefits. That is, despite the legislature's mandate that a juvenile's records be kept confidential, it is nonetheless time to revisit that decision. As currently constituted, the FCA adversely affects the ability of officials to make appropriate recommendations for the safety of the community. …

Defending The Black Sheep Of The Forensic Dna Family: The Case For Implementing Familial Dna Searches In Minnesota, Amy Liberty

Hamline Law Review

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Criminal Justice And The 2013-2014 United States Supreme Court Term, Madhavi M. Mccall, Michael A. Mccall, Christopher E. Smith

Hamline Law Review

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Holding On To Clarity: Reconciling The Federal Kidnapping Statute With The Trafficking Victims Protection Act, Benjamin Reese

Michigan Law Review

In recent decades, the international community has come to recognize human trafficking as a problem of epidemic proportions. Congress responded to this global crisis in 2000 by passing the Trafficking Victims Protection Act (TVPA) and has since supplemented that comprehensive enactment. But, in light of the widespread use of psychological rather than physical coercion in trafficking cases, a long-standing split among federal courts regarding the scope of the federal kidnapping statute raises significant concerns about the United States’ efforts to combat traffickers. In particular, the broad interpretation adopted by several circuits threatens effective enforcement of statutes designed to prosecute traffickers, …

Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.