Criminal Law Commons^™

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

The Continuing Unevolving Model Of Decency, Kennedy V. Louisiana In Peril, Patrick S. Metze

Criminal Law Practitioner

Professor Metze reflects on Kennedy v. Louisiana in its part in the development of Eighth Amendment jurisprudence and how the Supreme Court initially used Kennedy to further our understanding of the limits of the Eighth Amendment. The Court recently avoided a meaningful discussion of how our society is maturing and evolving by acknowledging a purposeful effort of some to reflect modern beliefs in opposition to those who would interpret everything through an 18th-century prism. After a case-by-case analysis of how the Court has used Kennedy, it is apparent the conservative majority now on the Court has decided there is no …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Beautiful Means For Nefarious Ends, Eric Wahoff

Notre Dame Journal of International & Comparative Law

This note will attempt to address the laws of art dealers and banks in a way that draws parallels with the past struggles of banks and today’s struggle in the art world to keep bad actors out. It will begin with surveying how art is currently used as a tool of criminals and the current regulatory regimes in the EU, New York, and California – the states with the most art brokers.Then the note will analyze relevant laws from the US banking industry. Finally, the note will discuss ways that banking laws that have been used to address money -laundering …

Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15

Notre Dame Journal of International & Comparative Law

No abstract provided.

“17 Going On 23”: Sentencing Young People To Life In Canada, Debra Parkes

Dalhousie Law Journal

Canada is one of 67 countries worldwide that allows young people—those under the age of 18—to be sentenced to life imprisonment. In 2008, the Supreme Court of Canada recognized the presumption of diminished moral blameworthiness of young people as a constitutional principle of fundamental justice and invalidated a law that presumed youth should be sentenced as adults for some serious crimes, including murder. The burden is, therefore, always on the Crown to rebut the presumption and prove that a youth sentence would not be long enough to hold the young person accountable for their behaviour. Where the presumption can be …

Criminal Law, Thomas D. Church, Whitney Baker

Mercer Law Review

This Article provides a brief examination of the United States Court of Appeals for the Eleventh Circuit’s most important criminal law opinions in 2024. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from only the most noteworthy, published decisions. Section II of this Article addresses substantive criminal offenses, such as economic crimes, drug offenses, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the federal sentencing guidelines and other sentencing issues, and …

The Emerging Danger Of Ai-Generated Child Sexual Abuse Material And An Unprepared Criminal Code, Jessica L. Terkovich

Northern Illinois University Law Review

The development and dissemination of child sexual abuse material (“CSAM”) using artificial intelligence (“AI”) is becoming easier and easier with technological advancements. This Article argues that traditional child pornography statutes should be extended to encompass fully AI-generated images. The Article outlines the history of the nation’s current federal CSAM laws and details the results of a nationwide survey of statutes which determined that few states have effective laws on the books regarding AI-generated CSAM. This Article also offers recommendations for constructing effective laws against AI-generated CSAM and concludes that harm comes from the very existence of CSAM, no matter how …

All-American Crime: Reflections On Welcome The Wretched By César Cuauhtémoc García Hernández, Kit Johnson

University of Arkansas at Little Rock Law Review

In his 2024 book, Welcome the Wretched, Professor César Cuauhtémoc García Hernández questions why it is that non-citizens who have committed crimes are slated for removal from this country. After all, he notes, “Migrants don’t bring crime here. It’s already here. It always has been and always will be.”

We may not readily admit it, but crime in the United States is truly All-American. Section I of this Essay tries to shed light on the widespread nature of criminality in the United States by recounting my own crimes and those of family and friends, with the goal of pushing the …

Criminalization Of Immigration Through State Enforcement: Lessons From Texas’S Latest Efforts To Criminalize Immigration Through Senate Bill 4, A. Regenold Bright

University of Arkansas at Little Rock Law Review

No abstract provided.

Immigration Interference: How Immigration Law Creates A Shadow Criminal Legal System, Matthew Vogel

University of Arkansas at Little Rock Law Review

No abstract provided.

The Wretched All Around, César Cuauhtémoc García Hernández

University of Arkansas at Little Rock Law Review

No abstract provided.

Punitive Desire, Belief In Redeemability, And Support For Rehabilitation: A Comparison Of Victimized And Non-Victimized Individuals' Attitudes Toward Criminal Offenders, Caleb Linder

Student Theses

This study examined the attitudes of victimized and non-victimized individuals toward criminal offenders, investigating whether the supportive attitudes observed in Spoo et al. (2018) extend beyond sexual offenses to other types of crime. The study also explored how the perpetrator’s relationship to the victim (family member vs. stranger) and participants’ previous exposure to the justice system influenced their perceptions of offenders. Contrary to our hypothesis, punitive attitudes did not differ between participants with a history of victimization and those without. Additionally, there was no significant difference in punitive attitudes toward stranger offenders compared to offenders known to the victim. Furthermore, …

Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools, Miguel Rodriguez

Dissertations, Theses, and Capstone Projects

The U.S. education system perpetuates structural inequities that disproportionately affect Black students with the School-to-Prison Pipeline (STPPL) criminalizing them through Zero-Tolerance policies. Transfer schools are often a last resort for students pushed out of traditional schools provide a lens to examine the impact of Restorative Justice Practices (RJP) and Black student representation on belonging. This quantitative dissertation study analyzes secondary data from the NYC Department of Education using multivariate models to explore the relationship between RJPs and sense of belonging (SOB). Model 1 found that discussing feelings and emotions at school (Tier 1 RJP) had the strongest association with SOB …

Law Enforcement Privilege, Rebecca Wexler

Faculty Scholarship

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …

Culpable Kids, Cara H. Drinan

Texas A&M Law Review

When a child commits a crime, how do states determine if that child is culpable? There are procedural rules that determine the forum for a minor’s trial and doctrines that limit children’s exposure to the most severe sentencing. But when it comes to culpability, states employ the same substantive law whether the defendant is 50 or 15. As this Article explains, that approach is profoundly flawed. In the early 21st century, in a series of cases known as the Miller trilogy, the United States Supreme Court established that youth are fundamentally different from adults and state sentencing practices must recognize …

The Real Impact Of General Deterrence: Empirical Insights From The Robbery Data Of Three American Cities, Andrew W. Eichner

Catholic University Law Review

General deterrence theory relies on the critical assumption that prospective offenders will be deterred from committing crimes when they are aware of the apprehension and punishment of others. This idea has been reiterated across thousands of years of Western political thought and has significant implications in modern American criminal sentencing, though it has not been historically subjected to rigorous testing. The recent availability of voluminous crime data permits a deeper examination of the real impact of sentencings on crime trends and allows the opportunity for previously impossible analyses regarding the efficacy of general deterrence.

To examine whether there is evidence …

Utilizing Equitable Remedies Via The Defend Trade Secrets Act's Extraterritorial Reach To Enforce Judgments Against Foreign Defendants, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.

Law School News: From The State House To The Court House 4-22-2025, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Deterrence Dilemma: Is It Time For Canada To Abandon General Deterrence As A Sentencing Objective?, Caitlin Salvino

Dalhousie Law Journal

When Canada first codified its sentencing framework in the Criminal Code, Parliament included deterrence as a sentencing objective. The sentencing objective of deterrence encompasses two aspects: specific deterrence for the individual offender and general deterrence for other potential offenders. I engage with the concept of general deterrence and its incorporation into Canadian sentencing law throughout this article. I argue that Parliament should abandon general deterrence as a sentencing objective under the Criminal Code. After reviewing the jurisprudence on general deterrence and conducting a systematic review of its current application in Ontario sentencing decisions, I argue that general deterrence should be …