Criminal Law Commons^™

Extraterritorial Jurisdictions: Implementation Of Foreign Public Officials In United States, United Kingdom, And Indonesia, Jamin Ginting, Raden Febriarto Fadjar, Patrick Talbot

Indonesian Journal of International Law

Cross-border business transactions have the potential to be corrupted, especially in the form of bribery committed by actors from different countries and within different jurisdictions. The Indonesian Corruption Law has not regulated how to criminalize Indonesian public officials or certain private companies who bribe officials in other countries or vice versa. Although Indonesia has ratified the United Nation Convention Against Corruption, it has not adopted provision on bribery of foreign public officials. Among the international community, the regulations for bribery of foreign public officials have been started by the US Foreign Corrupt Practices Act of 1977. The United Kingdom also …

A Half Century Of Criminalizing Serious Mental Illness: Observations And Considerations, Arthur J. Lurigio

DePaul Journal of Health Care Law

This article describes the difficulties of working with people with serious mental illnesses (PSMIs) at every stage of the criminal justice process—from arrest to post- incarceration release from prison. The needs of PSMI for mental health and social services are complex and require different case management plans and strategies at various points in the process. Severe mental illnesses (SMIs), such as schizophrenia, major depression, and bipolar disorder, stem from abnormalities in the brain structure and neuroprocessing that cause significant distress and dysfunction. People with serious mental illnesses typically suffer from a variety of other related problems (e.g., addiction) that can …

Mental Health Courts: Is There Any Hope For Mental Illness In An Outdated Criminal Justice System?, Brock Imel

DePaul Journal of Health Care Law

Mental health awareness is an ever-growing field of study that has garnered more attention in America after the COVID-19 pandemic. As far back as colonial America, mental illness was considered taboo in society and often reprimanded with punishable crimes. This article seeks to divulge into the history of mental health and its relation to the law, as well as how the creation of mental health courts has led to a decrease in recidivism.

This article aims to provide the reader with an understanding of the evolving field of mental health courts and provide state legislatures foundational knowledge for creating and …

Prescription For Failure: Public Nuisance Claims Against The Opioid Industry, Francis A. Citera, Julia Steiner

University of Miami Law Review

Opioids have been used both medicinally and recreationally since ancient times. While their recreational functions have long since been denounced, their medicinal value remains legitimate. Yet, since the pain management revolution began in the mid-1990s, many Americans have become opioid-dependent—fueling an illicit drug market and costing many lives. The tragedy that is today’s opioid epidemic has prompted robust federal and state legislative and regulatory interventions in both the legal and illicit opioid markets—albeit with mixed success. As these initiatives have been slow to quell the opioid crisis, public nuisance claims have taken center stage. After the Big Tobacco litigation invoked …

Two Piecemeal Treatments For A System Addicted To Punishment, Myles Crandall

University of Miami Law Review

For decades, the American criminal legal system has failed to curtail illicit drug use and overdose deaths through punitive and selective enforcement. The federal government has prosecuted people and succeeded in securing many long prison sentences based on drug crimes. In the past two years, two amendments by the United States Sentencing Commission offered a measured reprieve through sentence reductions. Amendment 821 offered the possibility for sentence reductions based on recalculating the guidelines associated with certain prior offenses. Amendment 814 updated policy statements for assessing “extraordinary and compelling reasons” for a sentence reduction. These changes are not revolutionary; however, the …

Perttu V. Richards: Brief Of Law Professors As Amici Curiae In Support Of Respondent, Margo Schlanger

Appellate Briefs

Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.

Modern Research Issues And Problems Of The Sociology Of Crime And Future Visions: An Analytical Study, Samah Mohamed Abd Allatif

Journal of Police and Legal Sciences

The current study aimed to attempt to monitor the most important modern research issues and problems raised at the Arab and Western levels in the field of sociology of crime by identifying and classifying them and identifying the most important global theoretical and methodological trends used in studying and interpreting crime and presenting a critical vision of global studies and research in the field of sociology of crime. The study relied on the content analysis approach in its (qualitative) aspect in addressing all Arab and foreign research and studies published in local and Arab periodicals and magazines by using the …

Cyber Crimes And Mechanisms To Confront Them - The United Arab Emirates As À Model, Aicha Kada Benabdallah, Mohammed Samir Ayad

Journal of Police and Legal Sciences

The technological factor is a double-edged sword; It is a factor of strength for the state as a result of the development it achieves through exploiting modern technologies and information system, and a factor of weakness for it through exploiting modern technology against it to achieve special interests aimed at destabilizing the security and stability of states.

This research paper attempts to shed light on cybercrimes' various forms and characteristics. Today's crimes are different from yesterday's crimes. Considering that it is rapidly spreading and more complex; This is what puts countries in constant search for ways out and …

Evidence In Cybercrime, Maryam Ghanem Al Kaabi

Journal of Police and Legal Sciences

The research aims to clarify the rules of evidence in cybercrimes, and the importance of the research lies in that it deals with the rules for evidence in cybercrimes, by demonstrating the effectiveness of the application of the general rules of evidence contained in the Federal Code of Criminal Procedure on evidence in cybercrimes, and research on the adequacy of the rules of evidence in cybercrimes brought by the UAE legislator, and the research is important as it deals with a very important topic that benefits jurists and judicial officers. This study identifies the legal framework for proving cybercrime based …

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Betsy Ginsberg

Amicus Briefs

Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Ira P. Robbins

Amicus Briefs & Court Filings

INTRODUCTION AND SUMMARY OF ARGUMENT: "The right to trial by jury is 'of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right' has always been and 'should be scrutinized with the utmost care." SEC v. Jarkesy, 144 S. Ct. 2117, 2128 (2024) (quoting Dimick v. Schiedt, 293 U.S. 474, 486 (1935)). The Seventh Amendment reflects and enshrines that tradition, providing that in "[s]uits at common law ... the right of trial by jury shall be preserved." U.S. Const. amend. VII (quoting Dimick; see also City of …

Decriminalizing Disease: A Health Justice Approach To Infectious Diseases And Criminal Law, Sean E. Bland

Arkansas Law Review

Infectious diseases, also called communicable diseases, are largely a public health issue and should not be criminalized. This Article seeks to re-frame the discussion around the legal framework for infectious diseases in a way that moves beyond a punishment mindset and toward a health justice mindset. The focus in this Article is on health justice rather than traditional understandings of public health, defined as the science and practice of improving the health of people and their communities. The Article makes three novel contributions. First, it applies a health justice framework to the critique of infectious disease criminalization. Second, the Article …

The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward, Colton Gregg

American Indian Law Journal

No abstract provided.

The Effect Of Corona Pandemic On Crime Within The Family From The Researchers’ Point Of View In The Ministry Of Social Development In The Southern West Bank, Kifah Manasra, Muhammad Okkeh

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The study aimed to identify the extent to which the family crimes in the Palestinian society are spread due to the Corona pandemic. It also aimed to reveal the psychological, economic and social effects of the Corona pandemic on the crimes within the family in the Palestinian society in the Southern West Bank. The researcher s used a questionnaire to collect the data and the descriptive approach to analyze it. The purposive sample consisted of (74) researchers from the total population which was (120) researchers from the Ministry of Social Development in the governorates of Hebron and Bethlehem in the …

The Role Of Criminal Mediation In Achieving Criminal Justice For Juveniles (A Comparative Analytical Study Between Palestinian And Jordanian Legislations), Issam Al-Atrash

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aimed to identify the role of criminal mediation in achieving criminal justice for juveniles. To achieve this purpose, the researcher used the descriptive analytical approach, the comparative approach and the historical approach. The study also addressed the provisions of criminal mediation in the Palestinian Juvenile Law No. 4 of 2015, and the Jordanian Juvenile Law No. 32 of 2014 regarding the parties of the criminal mediation of the juveniles, the conditions of criminal mediation for the juveniles, and the consequences thereof. The study concluded that the most prominent result was that the criminal mediation of juveniles in the …

Law School News: Community Building Third-Year Gina George Takes Helm Of Student Bar Association 01-06-2025, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Book Review, Jens Meierhenrich, The Violence Of Law: The Formation And Deformation Of Gacaca Courts In Rwanda (2024)., Mark A. Drumbl

Scholarly Articles

In The Violence of Law, Jens Meierhenrich—currently professor of international relations at the London School of Economics and Political Science—offers a detailed, erudite, and encyclopedic analysis of the gacaca system.

The Eighth Amendment’S Paper Tiger: Pain, Executions, And The Cruel And Unusual Punishment Clause, Alexandra L. Klein

Scholarly Articles

The Eighth Amendment prohibits “cruel and unusual punishments.” This prohibition applies to the way states carry out executions: states may impose capital punishment but may not do so in a way that is unconstitutionally cruel. Over a trilogy of cases that began with Baze v. Rees in 2008, the Court developed a test for analyzing whether a state’s proposed method of execution violated the Eighth Amendment. Under Baze/Glossip/Bucklew, a person challenging a state’s method of execution must show that the method of execution poses a severe risk of “superadded” pain and suffering that can be alleviated by a readily …

Criminal Caselaw Notebook 2025, Hon. Ronald Kessler

Washington State Books

This publication from King County Superior Court judge Ronald Kessler is updated semi-annually and is distributed free of charge. It includes citations to Washington state case law on a variety of criminal law topics.

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Sturm College of Law: Faculty Scholarship

Although competency to stand trial holds a vaunted position among the due-process rights in our criminal justice system, its current application is a mere shadow of the original promise articulated in Dusky v. United States. The competency-to-stand-trial requirement is supposed to protect the mentally ill and the mentally impaired from criminal trial, but the requirement has been continually chipped away, both doctrinally and practically. As a result, it no longer protects the most vulnerable. People with dementia, most often elderly with cognitive impairments, face a perilous ordeal when caught in the criminal justice system. And, as dementia rates increase, more …