Criminal Law Commons^™

Reframing Domestic Violence As Terrorism Or Torture, Isabel Marcus

Journal Articles

No abstract provided.

When Is A Youtube Video A "True Threat"?, Pedro Celis

Washington Journal of Law, Technology & Arts

In United States v. Jeffries, the Sixth Circuit upheld a defendant’s conviction under 18 U.S.C. § 875(c) for transmitting a threat through interstate commerce after the defendant posted a music video on YouTube. The video threatened a local judge presiding over the defendant’s child custody proceedings. Circuits have split on whether § 875(c) and other similar federal threat statutes require the defendant to possess a subjective intent to threaten. This Article argues that the “true threat” test courts use to apply § 875(c) essentially incorporates a subjective intent to threaten. The Article then applies the subjective intent requirement to …

We Are Not Who We Pretend To Be: Odr Alternatives To Online Impersonation Statutes, Kori Clanton

Cardozo Journal of Conflict Resolution

This Note focuses on how online dispute resolution ("ODR") processes, as opposed to litigation, offer a more efficient and effective legal solution to resolving online impersonation disputes. The purpose of this Note is to analyze the measures state legislatures and social media websites have implemented to combat online impersonation cases, and to propose a practical ODR solution that will eliminate the burdens of litigation and provide a cost-efficient and time-effective remedy. Section I provides an introduction to the current relevance and rising incidents of online impersonation via social media websites such as Facebook and Twitter. Section II explores the historical …

Prosecutor V. Taylor, Charles Chernor Jalloh, David P. Stewart

Articles

No abstract provided.

Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson

Kentucky Law Journal

No abstract provided.

Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman

Kentucky Law Journal

No abstract provided.

Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case

Kentucky Law Journal

No abstract provided.

Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Further Reflections On The Pardoning Power: Reply To Hoskins And Drinan, Chad Flanders

All Faculty Scholarship

Galifianakis: "First question. In 2013, you pardoned a turkey. What do you have planned for 2014?"

Obama: "We'll probably pardon another turkey". ¹

First, let me express my gratitude to the incisive comments of Zach Hoskins and Cara Drinan. I have long been a fan of Hoskins' s work, and his forthcoming book on the collateral consequences of punishment promises to be pathbreaking.² The influence of Drinan's scholarship on the pardoning power³ is evident in my original essay⁴ and her newer work on the Graham case has again inspired me in new directions in my research.^{5 …}

Judging Leaders Who Facilitate Crimes By A Foreign Army: International Courts Differ On A Novel Legal Issue, Mugambi Jouet

Vanderbilt Journal of Transnational Law

In one of the most significant cases in the history of international criminal law, Prosecutor v. Perisic, the International Criminal Tribunal for the Former Yugoslavia (ICTY) effectively addressed an issue of first impression: may a military or political leader be convicted for knowingly facilitating crimes by another state's army? The influential tribunal answered this question in the negative--knowledge that the recipients of military assistance are perpetrating crimes is essentially irrelevant absent evidence that the facilitator specifically intended that crimes occur. The ICTY Appeals Chamber thus acquitted Serbian General Momilo Peridid, who had been convicted at trial of knowingly aiding and …

Manifest Illegality And The Icc Superior Orders Defense: "Schuldtheorie" Mistake Of Law Doctrine As An Article 33(1)(C)Panacea, Lydia Ansermet

Vanderbilt Journal of Transnational Law

While the Anglo-American and international legal systems adhere to the rule that "a mistake of the law excuses no one," German Schuldtheorie mistake of law doctrine provides for a mistake of law excuse if a defendant's mistaken belief in the lawfulness of his conduct was unavoidable. In a distinct but increasingly overlapping area of law, domestic and international legal systems provide defenses for subordinates acting in obedience to superior orders. At the international level, the Rome Statute of the International Criminal Court allows defendants charged with war crimes to invoke the defense of superior orders if the command obeyed was …

Criminal Law Pays: Penal Law's Contribution To China's Economic Development, Margaret K. Lewis

Vanderbilt Journal of Transnational Law

China's rapid rise to become the second largest economy in the world is nothing short of extraordinary. When economic reforms took off in the late 1970s, China had been without formal criminal law for three decades. China's economic development since the launch of the reform period has occurred directly alongside the development of its criminal law, but the academic literature has failed to ask what role criminal law plays in China's impressive growth. This Article argues that not only has the People's Republic of China leadership historically used criminal law in service of economic ends but also, going forward, criminal …

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …

The Problem Of Deterring Extraterritorial White-Collar Crime, Andrew B. Spalding

Law Faculty Publications

Recent reports of egregious labor practices in China and Bangladesh have called public attention to the potential harms of foreign direct investment (FDI) in developing countries. The best, or at least most obvious, tool for reducing destructive overseas business practices would seem to be the extraterritorial application of white-collar criminal law. The "holy grail" of contemporary criminal law is deterrence, and the deterrence literature is largely shaped by the paradigm of law and economics. Prominent within that literature is Polinsky and Shavell's "enforcement authority," which seeks to maximize social utility through the efficient deterrence of crime.a Guided by the principles …

Lethal Injection Chaos Post-Baze, Deborah W. Denno

Faculty Scholarship

In 2008, with Baze v. Rees, the Supreme Court broke decades of silence regarding state execution methods to declare Kentucky’s lethal injection protocol constitutional, yet the opinion itself did not offer much guidance. In the six years after Baze, legal challenges to lethal injection soared as states scrambled to quell litigation by modifying their lethal injection protocols. My unprecedented study of over 300 cases citing Baze reveals that such modifications have occurred with alarming frequency. Moreover, even as states purportedly rely on the Baze opinion, they have changed their lethal injection protocols in inconsistent ways that bear little …

The Hidden Daubert Factor: How Judges Use Error Rates In Assessing Scientific Evidence, John B. Meixner Jr., Shari Seidman Diamond

Scholarly Works

In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court provided a framework under which trial judges must assess the evidentiary reliability of scientific evidence whose admissibility is challenged. One factor of the Daubert test, the “known or potential rate of error” of the expert’s method, has received considerably less scholarly attention than the other factors, and past empirical study has indicated that judges have a difficult time understanding the factor and use it less frequently in their analyses as compared to other factors. In this paper, we examine one possible interpretation of the “known or potential rate of …

تأثير مجلس الأمن عمل المحكمة الجنائية الدولية, عاتقة عوض عبدالعزيز الكثيري

Theses

No abstract provided.

Moral Touchstone, Not General Deterrence: The Role Of International Criminal Justice In Fostering Compliance With International Humanitarian Law, Chris Jenks

Faculty Journal Articles and Book Chapters

This article contends that international criminal justice provides minimal general deterrence of future violations of international humanitarian law (IHL). Arguments that international courts and tribunals deter future violations – and that such deterrence is a primary objective – assume an internally inconsistent burden that the processes cannot bear, in essence setting international criminal justice up for failure. Moreover, the inherently limited number of proceedings, the length of time required, the dense opinions generated, the relatively light sentences and the robust confinement conditions all erode whatever limited general deterrence international criminal justice might otherwise provide. Bluntly stated, thousands of pages of …

Double Take: The Law Of Embezzled Lives, Joanna L. Grossman, Lawrence M. Friedman

Faculty Journal Articles and Book Chapters

This essay is about double lives and role-playing in law and society when and why it occurs, how the law responds to it, and its social meaning or significance.

The authors discuss situations in light of many examples, where it is (or was) considered wrong or illegal to live two lives; or where the "false" life is a lie of the type that would be considered gravely and impermissibly deceptive.

The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn

Publications and Research

After decades of stability from the 1920s to the early 1970s, the rate of incarceration in the United States more than quadrupled in the past four decades. The Committee on the Causes and Consequences of High Rates of Incarceration in the United States was established under the auspices of the National Research Council, supported by the National Institute of Justice and the John D. and Catherine T. MacArthur Foundation, to review evidence on the causes and consequences of these high incarceration rates and the implications of this evidence for public policy.

Our work encompassed research on, and analyses of, the …