Criminal Procedure Commons^™

Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov

ProAcademy

Correct, that is, consistent with the principles of criminal law and criminal law, qualification of a crime ensures accurate and full application of the complex of norms of criminal and criminal procedure laws. Depending on the qualification of the crime, criminal law issues are resolved about punishment, release from criminal liability and punishment, parole, calculation of convictions, amnesty. The qualification of crimes is important for initiating a criminal case, determining the subject of proof, ensuring the rights of the accused and applying other criminal procedural norms. This scientific and practical article is devoted to the prosecutor's supervision over the correct …

Procedural Legitimacy Between The Rights Of The Victim And The Accused, Khalid Mustafa Hamid

UAEU Law Journal

This research deals with the subject of procedural legitimacy between the rights of the victim and the accused.

» The convergence of criminal procedures with the concept of rights of the victim is not that surprising, since the ultimate goal of criminal proceedings is to protect the rights recognized by international conventions and national laws to the victim as a human being. Since individuals are not allowed to resort to a private judiciary and the victims are denied the right to retaliation, the State undertook the commitment to enforce justice in society and to ensure its fair distribution to citizens. …

Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

When Is Police Interrogation Really Police Interrogation? A Look At The Application Of The Miranda Mandate, Paul Marcus

Catholic University Law Review

Decades after the Supreme Court’s decision in Miranda v. Arizona, questions abound as to what constitutes interrogation when a suspect is in custody. What appeared a concise, uniform rule has, in practice, left the Fifth Amendment waters muddied. This article addresses a potential disconnect between law enforcement and the courts by analyzing examples of issues arising from Miranda’s application in an array of case law. Ultimately, it attempts to clarify an ambiguity by offering a standard for what conduct classifies as an interrogation.

Clarifying The Probable Cause Standard In The Internet Age For Crimes Involving Child Pornography, Justin Kenyon

Catholic University Law Review

Since the rise of the Internet Age in the early 1990s the distribution of child pornography has increased at a staggering rate. In response Congress has repeatedly enacted legislation with the goal of eliminating the child pornography industry however, to date, a uniform probable cause standard to find evidence of these crimes remains elusive. This article explores the various approaches used to establish a sufficient basis of probable cause to search for evidence of child pornography. Within the last decade a clear divide has formed around the question of whether a prior conviction of child molestation can contribute to a …

Criminal Liability Of Internet Service Providers, Suppliers And Publishers: A Comparative Study (Jordan - United Arab Emirates, Ibrahim Suleiman Alqataunah, Mohamed Amin Al-Khersheh

UAEU Law Journal

The Internet is considered a rich virtual space for electronic crime when used illegally. For instance, the dissemination of information and data that is not legitimate, making it available to users of the internet through incitement to commit crimes, dissemination of films and pornographic images, and anything that could lead to sexual exploitation of children and people with special needs. In addition, dissemination of information and graphics can lead to compromising the freedom and the lives of private individuals, incitement to human trafficking or prostitution and debauchery, acts which consider to be the contrary of public morals, public safety, violation …

Criminal Procedures In The Inquiry And Preliminary Investigation Stages In The Saudi And French Systems: A Comparative Study, Abdulhamid Al-Hargan

UAEU Law Journal

Given that the newly established Saudi criminal procedural system was influenced by the French criminal procedural system, one of the most advanced and experienced systems in the world, this paper has sought to identify the similarities and differences between the two systems within the context of the inquiry and preliminary investigation stages. Particularly, the study focused on the criminal procedures, the competent authority responsible for exercising them and the rights of the accused. The aim of this paper is to assess the ability of the two systems to achieve the twin goals of the criminal procedural system of protecting the …

Revoking Supervised Release In The Age Of Legal Cannabis, Zachary J. Weiner

St. John's Law Review

(Excerpt)

Supervised release—part of the original sentence following a guilty verdict—is a system by which federal probation officers monitor prisoners released from federal prison. In imposing supervised release, sentencing judges set conditions that each supervisee must comply with, or risk reincarceration at the discretion of the sentencing judge. Certain conditions of supervised release are prescribed by statute and others are crafted by judges.

If a defendant violates the terms of supervised release by possessing cannabis products, the statutory regime provides the sentencing judge with two options: revoke the defendant’s supervised release and reincarcerate her or, alternatively, release the defendant from …

The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide

Journal of African Conflicts and Peace Studies

At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. …

Facial Recognition And The Fourth Amendment In The Wake Of Carpenter V. United States, Matthew Doktor

University of Cincinnati Law Review

No abstract provided.

Police Reform Through A Power Lens, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Screening And Charging Practices Of Three Mid-Sized Jurisdictions, Deason Criminal Justice Reform Center

Deason Center Reports

Understanding how prosecutors make their screening and charging decisions is essential to criminal legal reform. This preview report is the first in a series of publications that explores the screening and charging practices of prosecutors in three mid-sized jurisdictions. Through an innovative mixed-methods empirical study, the series provides a holistic account of prosecutors’ charging practices.

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi

Department of Justice Studies Faculty Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …

The Guiding Hand Of Counsel, For A Price: Juvenile Public Defender Fees And Their Effects, Hannah R. Gourdie

William & Mary Law Review

When he was thirteen, Jonathan, a teenager from New Hampshire, was charged with simple assault after a fight with his father. During his hearing in juvenile court, his father refused to pay the $275 New Hampshire public defender fee, and Jonathan—unable to afford the price of counsel—waived his right to an attorney. He was placed on probation and struggled to meet his probation requirements, resulting in his arrest for probation violations. Because the court was deciding whether to detain Jonathan, Jonathan was appointed a juvenile defender. The attorney brought Jonathan’s unstable home life to the judge’s attention, and the judge …

The Political Economy Of Enforcer Liability For Wrongful Police Stops, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This article questions whether excessive policing practices can persist in an environment where law enforcement policies are subject to political pressures. Specifically, it considers a setting where the police decide whether to conduct stops based on the suspiciousness of a person's behavior and the potential liability for conducting a wrongful stop. We establish that the liability level that results in a voting equilibrium is smaller than optimal, and consequently, that excessive policing practices emerge in equilibrium.

Transparency In Plea Bargaining, Jenia I. Turner

Notre Dame Law Review

Plea bargaining is the dominant method by which our criminal justice system resolves cases. More than ninety-five percent of state and federal convictions today are the product of guilty pleas. Yet the practice continues to draw widespread criticism. Critics charge that it is too coercive and leads innocent defendants to plead guilty, that it obscures the true facts in criminal cases and produces overly lenient sentences, and that it enables disparate treatment of similarly situated defendants.

Another feature of plea bargaining—its lack of transparency—has received less attention, but is also concerning. In contrast to the trials it replaces, plea bargaining …

Discovering Racial Discrimination By The Police, Alison Siegler, William Admussen

Northwestern University Law Review

For decades, it was virtually impossible for a criminal defendant to challenge racial discrimination by the police or prosecutors. This was because in United States v. Armstrong, 517 U.S. 456 (1996), the Supreme Court set an insurmountable standard for obtaining discovery in support of a selective prosecution claim. Equating the roles of prosecutors and law enforcement officers, lower courts applied this same standard to claims alleging racial discrimination by the police. This high standard led courts to deny discovery and stifle potentially meritorious claims. Recently, criminal defendants have initiated a wave of challenges to “fake stash house” operations, in which …

When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession of guilt at trial—over …

Reversing The Evils Of Federal Mandatory Minimum Sentences: Is Clemency The Only Answer?, Melissa Johnson

Journal of Civil Rights and Economic Development

(Excerpt)

Thirty-five years ago, Alice Marie Johnson lived a full life. She was a wife, a mother of five children, and a manager at FedEx. Then divorce, the death of one of her children, and job loss shattered her world. Ms. Johnson was able to find employment as a factory worker, a role which paid only a fraction of her former salary and was insufficient to support her children. Desperate and burdened, she became a telephone mule for drug dealers. She was instructed to “pass phone messages [and] [w]hen people came to town . . . [to tell] them what …