Criminal Procedure Commons^™

Dampak Berlakunya Trips Agreemen Terhadap Pelaksanaan Konvensi Keanekaragaman Hayati, F.X. Adji Samekto

Jurnal Hukum & Pembangunan

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Pengesahan Norma Transnasional Sebagai Upaya Harmonisasi Masyarakat Global, Eman Suparman

Jurnal Hukum & Pembangunan

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Gagasan Pengadilan Pemllihan Umum Dalam Perspektlf Sejarah Hukum Penyelenggaraan Pemilu 1999, Satya Arinanto

Jurnal Hukum & Pembangunan

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Dinamlka Konflik Di Papua Pasca Orde Baru, M. Sofyan Puiungan

Jurnal Hukum & Pembangunan

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Dukungan Budaya Terhadap Kondisi Vlktimisasi Anggota Masyarakat Pendukung Budaya, Adrianus Meliala

Jurnal Hukum & Pembangunan

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Sejarah Dan Perkembangan Pemikiran Pluralisme Hukum Dan Konsekuensi Metodologlsnya, Sulistyowati Lrianto

Jurnal Hukum & Pembangunan

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Desentralisasl Dengan Sistem Federal Dan Pengaruhnya Terhadap Pelaksanaan Fungsl Negara, Edie Toet Hendratno

Jurnal Hukum & Pembangunan

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Beberapa Catatan Mahkamah Pidana Internasional Dalam Kaitannya Dengan Perserikatan Bangsa-Bangsa (Pbb), Sri Setianingsih Suwardi

Jurnal Hukum & Pembangunan

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What Is A House?: Searching For The Meaning And Scope Of Curtilage At Common Law, Mitchell A. Del Bianco

Fordham Law Review Online

No abstract provided.

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …

A Meta-Analysis On Joinder Effects: Do They All Have The Same Magnitude?, Amelia M. Tisk

Student Theses

The present meta-analysis examined whether different forms of joinder and procedural consolidation produce varying levels of prejudice in adjudicative decision-making. Although joinder procedures improve judicial efficiency, psychological research has suggested that combining charges, defendants, or plaintiffs within a single proceeding may increase conviction likelihood, liability judgments, and broader perceptions of wrongdoing. A random-effects meta-analysis was conducted across 22 independent study effects examining charge joinder, defendant consolidation, plaintiff consolidation, multiple-complainant procedures, and related aggregation paradigms. Effect sizes were converted to Pearson’s r whenever possible. Overall, procedural aggregation produced a moderate effect on adjudicative outcomes, r = .27, 95% CI [.22, .32]. …

Saying What The Law Might Be? Courts, Geofence Warrants, And The Fourth Amendment Labyrinth, Ciara Lavin

Cardozo Law Review

Since 2016, Google has received thousands of geofence warrant requests from law enforcement, requesting Google to scan through its vast database of users to identify who and what devices entered into, or exited out of, a set of coordinates in a specified period of time. Several cases began making their way through the federal courts to delineate the legality of such warrants—with challenges spanning the vast amount of data they search, their relative accuracy, and whether they comported with the Fourth Amendment. Then, in the summer of 2024, two federal appellate courts handed down decisions just weeks apart: the Fourth …

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira M. Diner

Faculty Scholarship

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Sosiologi Perundang-Undangan Dan Pemanfaatannya, Jufrina Rizal

Jurnal Hukum & Pembangunan

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Pembaharuan Hukum Terhadap Pasal 26 Ayat (I) Uud Negara Republik Indonesia Tahun 1945, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

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Perlindungan Program Komputer Menurut Hukum Hak Kekayaan Intelektual, Afifah Kusumadara

Jurnal Hukum & Pembangunan

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