All Articles tagged crime

• General
  January 17, 2020 EDT
  THE SANCTUARY OF PROSECUTORIAL NULLIFICATION
  Zohra Ahmed

  This article examines the role local prosecutors can play to isolate cities and states from the federal immigration enforcement regime.

• Justice Commentaries
  May 28, 2019 EDT
  WHEN A PLEA IS NO BARGAIN AT ALL: COMPARING SENTENCING OUTCOMES FOR MASSACHUSETTS DEFENDANTS IN NON-SEXUAL AND SEXUAL CRIMES
  Annabelle Frazier

  This study addresses gaps in research relating to sexual and violent crime prosecution by following up on Abrams’s conclusion that plea-bargaining does not result in sentence reductions for defendants.

• Justice Commentaries
  May 28, 2019 EDT
  AN ANALYSIS OF ISSUES AT PRE-TRIAL PROCEEDINGS LEADING TO WRONGFUL CONVICTIONS IN “NO CRIME” CASES: THERE WAS NO CRIME, BUT THEY DID THE TIME
  Irina Zakirova

  This paper defines the no crime phenomenon and further explains how an accident, suicide, or a fabricated crime can be wrongly determined to be a crime before adjudication.

• General
  December 12, 2018 EDT
  SHOULD MISPRISION OF A FELONY BE CONSIDERED A CRIME INVOLVING MORAL TURPITUDE?
  Elyssa Klein

  While there are few convictions for misprision of a felony, it is important to examine the circuit split because it demonstrates the current lack of uniformity in our immigration system.

• New York Appeals
  October 12, 2018 EDT
  FINANCIAL CRIMES AGAINST THE ELDERLY AS A HATE CRIME IN NEW YORK STATE
  Irene Byhovsky

  This paper addresses issues of financial crimes against the elderly on both federal and state levels, with a particular focus on New York State.

• New York Appeals
  October 12, 2018 EDT
  THE MAYHEM OF WRONGFUL LIBERTY: DOCUMENTING THE CRIMES OF TRUE PERPETRATORS IN CASES OF WRONGFUL INCARCERATION
  Frank R. BaumgartnerAmanda GriggRachelle RamírezJ. Sawyer Lucy

  This paper presents an account of wrongful liberty and a first-of-its-kind documentation of all known crimes of wrongful liberty in a single state, North Carolina.

• Justice Commentaries
  December 17, 2016 EDT
  INNOCENCE PROJECT: DNA EXONERATIONS, 1989-2014: REVIEW OF DATA AND FINDINGS FROM THE FIRST 25 YEARS
  Emily WestVanessa Meterko

  This report offers a first-time comprehensive review of data collected by the Innocence Project on DNA exonerations.

• Justice Commentaries
  December 17, 2016 EDT
  ELEPHANTS IN THE STATION HOUSE: SERIAL CRIMES, WRONGFUL CONVICTIONS, AND EXPANDING WRONGFUL CONVICTION ANALYSIS TO INCLUDE POLICE INVESTIGATION
  Marvin ZalmanMatthew Larson

  In this article the authors advocate that the study of miscarriages of justice be expanded to view the entirety of police crime investigation as a source of wrongful convictions.

• New York Appeals
  February 13, 2015 EDT
  WHAT “TOUGH ON CRIME” LOOKS LIKE: HOW GEORGE PATAKI TRANSFORMED THE NEW YORK STATE COURT OF APPEALS
  Benjamin Pomerance

  This article considers Governor Pataki's appointments for the New York Court of Appeals and how the selections related to Pataki's vision of being tough on crime.

• Justice Commentaries
  October 16, 2014 EDT
  ONLINE PROSTITUTION AND TRAFFICKING
  Melissa FarleyKenneth FranzblauM. Alexis Kennedy

  The use of Internet technologies to traffic women and children to prostitution is described in this article.

• Justice Commentaries
  June 11, 2013 EDT
  LENIENCY AS A MISCARRIAGE OF RACE AND GENDER JUSTICE
  Aya Gruber

  This article argues that liberals‘ focus on leniency in cases of extraordinary violence against minorities and proposals for greater prosecution might not, in the end, further the anti-subordination agenda.

• Justice Commentaries
  March 04, 2011 EDT
  MANAGING MISCARRIAGES OF JUSTICE FROM VICTIMIZATION TO REINTEGRATION
  Brian Forst

  This article considers the nature of miscarriages of justice, the role of each major category of criminal justice official, and the social costs associated with each major type of miscarriage.

• Justice Commentaries
  March 04, 2011 EDT
  JUSTICE DENIED?: THE EXCEPTIONAL CLEARANCE OF RAPE CASES IN LOS ANGELES
  Cassia SpohnKatharine Tellis

  This paper investigates the use of the exceptional clearance in sexual assault cases using data on sexual assaults reported to the LAPD and the LASD from 2005 through 2009.

• State Constitutional Commentary
  August 08, 2009 EDT
  WE’RE FROM VERMONT AND WE DO WHAT WE WANT: A “RE”-EXAMINATION OF THE CRIMINAL JURISPRUDENCE OF THE VERMONT SUPREME COURT
  Nathan Sabourin

  This article aims to demonstrate that things have not changed since 1997 when it comes to the Vermont Supreme Court’s decision-making trends.

• General
  May 08, 2009 EDT
  JUDICIAL ACTIVISM AND PROGRESSIVE LEGISLATION: A STEP TOWARDS DECREASING HATE ATTACKS
  Kathleen A. Bantley

  This Article focuses on the impact that judicial decisions and legislative acts increasing the rights of gays and lesbians have on “hate crimes.”

• General
  January 08, 2009 EDT
  NUREMBERG’S LEGACY CONTINUES: THE NUREMBERG TRIALS’ INFLUENCE ON HUMAN RIGHTS LITIGATION IN U.S. COURTS UNDER THE ALIEN TORT STATUTE
  Gwynne Skinner

  This article traces the Nuremberg trials' influence on human rights litigation in the U.S. under the Alien Tort Statute.

• General
  January 01, 2005 EDT
  WARTIME SECURITY AND CONSTITUTIONAL LIBERTY
  James Thuo Gathii

  Foreword introducing the symposium that was organized to honor Justice Robert Jackson.