Criminal Law Commons^™

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

Articles

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley

Psychology Faculty Scholarship

Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …

Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, The Pilpg

War Crimes Memoranda

No abstract provided.

Piracy Definitions In Domestic And Regional Systems, The Pilpg

War Crimes Memoranda

No abstract provided.

Obligations Of A Country Where Trafficking For Ransom Occurs, Morgan Kearse

War Crimes Memoranda

No abstract provided.

Adverse Inference From Silence Of Accused, Jiefei Yang

War Crimes Memoranda

No abstract provided.

A Comparative Study Of Sentencing In In Absentia Trials, Heather Lee

War Crimes Memoranda

No abstract provided.

Comparative Study On The Qualifications And Testimonies Of Expert Witnesses, Jonathan Slomski

War Crimes Memoranda

No abstract provided.

Comparative Analysis Of Global Domestic Terrorism Sentencing Laws, Evan Charles Pelecky

War Crimes Memoranda

No abstract provided.

Response To Comments By Professors Baer, Candeub, Medwed, Painter, And Prentice, Manuel A. Utset

Scholarly Publications

No abstract provided.

Utah's Children Need A Tourniquet, Not A Band-Aid: Why Utah Should Adopt A Separate Involuntary Civil Commitment Statute For Incompetent Sexual Offenders, Tara Pincock

Utah OnLaw: The Utah Law Review Online Supplement

Utah needs to close the loophole that allows ISOs to be released by adopting a separate civil commitment statute. Utah should model its statute after similar statutes passed in Kansas and Washington, except Utah’s statute should only apply to incompetent individuals who are unlikely to regain competency. This separate civil commitment procedure will ensure that the ISO is sequestered until such a time that he is no longer a threat to society. The state could house those committed under this statute at a secure facility, such as the Utah State Hospital. The state could then use the sex-offender-treatment program used …

Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Victimless Sex Crime: The Case For Decriminalizing Consensual Teen Sexting, Joanna R. Lampe

University of Michigan Journal of Law Reform

As teenagers' access to cellular phones and the internet has increased over the past two decades, so has their ability to harm themselves and others through misuse of new technology. One risky behavior that has become common among teenagers is "sexting"--the digital sharing of sexually suggestive images. To combat the dangers of teen sexting, many states have criminalized the act. Criminalization does not resolve the issue of teen sexting, however, and in many cases it may cause additional harm. This Note reviews existing state laws related to teen sexting, and critiques these laws on constitutional and policy grounds. It then …

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Cardozo Journal of Conflict Resolution

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984 the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye, the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, 50 Cal. W. L. Rev. 31 (2013), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As this article proposes, law school criminal defense clinics provide an excellent environment to design and implement a non-capital mitigation investigation protocol based on the techniques used in death penalty cases. From a pedagogical perspective, such a model promotes student development of foundational lawyering skills and values, especially in the vital area of “narrative thinking characteristic of everyday practice.” From a pragmatic standpoint, creation of a mitigation investigation model benefits clinic clients and boosts the likelihood that similar investigative methods will become a staple of the student's post-graduate practice.

Part I charts the evolution of capital mitigation investigation and highlights …

Carter V. Canada (Attorney General): Canadian Courts Revisit The Criminalization Of Assisted Suicide, 59 Wayne L. Rev. 561 (2013), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Losing All Sense Of Just Proportion: The Peculiar Law Of Accomplice Liability, 87 St. John’S Law Rev. 129 (2013), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

Toward A Conceptual Framework For Trauma-Responsive Practice In Courts, Shawn C. Marsh, Joan Byer

Criminal Law Practitioner

No abstract provided.