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"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli 2015 Mitchell Hamline School of Law

"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli

William Mitchell Law Review

No abstract provided.


Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo 2015 Mitchell Hamline School of Law

Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo

William Mitchell Law Review

No abstract provided.


A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi 2015 Mitchell Hamline School of Law

A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi

William Mitchell Law Review

No abstract provided.


Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie 2015 Florida International University College of Law

Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie

Faculty Publications

When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …


A Silver Bullet: Should The Mere Presence Of Ammunition Create A Reasonable Suspicion Of Criminal Activity?, 48 J. Marshall L. Rev. 843 (2015), Kyle Gruca 2015 UIC School of Law

A Silver Bullet: Should The Mere Presence Of Ammunition Create A Reasonable Suspicion Of Criminal Activity?, 48 J. Marshall L. Rev. 843 (2015), Kyle Gruca

UIC Law Review

No abstract provided.


Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner 2015 University at Albany, State University of New York

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …


The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski 2015 Univeristy at Albany, State University of New York

The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski

Psychology Faculty Scholarship

Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This “rape culture” is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research …


The Online Sex Sting, Michael Cryan 2015 Bridgewater State University

The Online Sex Sting, Michael Cryan

Undergraduate Review

The Youth Internet Safety Surveys are indicative of a small subset of minors who have had contact with sexual offenders in person. Internet sex stings serve to target these adults through the use of police deception, but their use has been on the decline. Sexual offenders are a heterogeneous group; laws often mistakenly lump these various members together. This paper discusses different sources that can take responsible action to prevent online predators from reaching minors and the issue of vigilantism against offenders. Our current laws on sexual predators do not reflect the deeper, more prevalent issue of acquaintance rape.


Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos 2015 University of Baltimore Law

Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by …


Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard 2015 Nelson Mullins Riley & Scarborough

Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard

Criminal Law Practitioner

No abstract provided.


Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg 2015 George Washington University Law School

Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg

Criminal Law Practitioner

No abstract provided.


Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin 2015 American Bar Association

Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin

Criminal Law Practitioner

No abstract provided.


Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill 2015 Law Offices of Sara Elizabeth Dill

Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill

Criminal Law Practitioner

No abstract provided.


Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo 2015 Forbes

Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo

Criminal Law Practitioner

No abstract provided.


From The Editors, Trevor Addie 2015 American University Washington College of Law

From The Editors, Trevor Addie

Criminal Law Practitioner

No abstract provided.


'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston 2015 Michigan State University

'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston

Criminal Law Practitioner

No abstract provided.


Visualizing Dna Proof, Nicholas L. Georgakopoulos 2015 Indiana University

Visualizing Dna Proof, Nicholas L. Georgakopoulos

Criminal Law Practitioner

No abstract provided.


Why Capital Punishment Is No Punishment At All, Jason Iuliano 2015 Villanova University

Why Capital Punishment Is No Punishment At All, Jason Iuliano

American University Law Review

Capital punishment has generated an incredible amount of public debate. Is the practice constitutional? Does it deter crime? Is it humane? Supporters and opponents of capital punishment disagree on all of these issues and many more. There is perhaps only one thing that unites these two camps: the belief that the death penalty is society's most severe punishment. In this Article, I argue that this belief is mistaken. Capital punishment is not at the top of the punishment hierarchy. In fact, it is no punishment at all. My argument builds from a basic conception of punishment endorsed by the Supreme …


From The Editors, Raleigh Mark, Trevor Addie 2015 American University Washington College of Law

From The Editors, Raleigh Mark, Trevor Addie

Criminal Law Practitioner

No abstract provided.


An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen 2015 George Washington University Law School

An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen

Criminal Law Practitioner

No abstract provided.


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