Articles Posted in Criminal Law

Cardozo law professor Marci Hamilton reviews 2014 in terms of the developments (both forward and backward) in child protection issues. Hamilton concludes that while there are some good reasons to celebrate 2014, we should not slow down the fight for child protection in 2015.

Guest columnist and Cornell University visiting professor of law Joseph Margulies continues his discussion of the American criminal justice system and describes basic principles upon which we could build superior alternatives to the present system.

Cornell University law professor Sherry Colb discusses a case currently before the U.S. Supreme Court, Elonis v. United States, in which the Court will consider what constitutes a “true threat.” Specifically, Colb considers whether the First Amendment right of free speech prevents criminalization of threatening speech only if the speaker intended to bring about fear of bodily harm or death, or if it is enough that a reasonable person uttering those words would have anticipated they would be interpreted as such a threat.

Guest columnist and Cornell University visiting professor Joseph Margulies discusses how the Ferguson grand jury’s decision not to indict reflects the present ideology of American justice. Margulies argues that unless policymakers are willing to change that ideology that pits “us” against “them,” meaningful change will be impossible.

Cornell University law professor Sherry Colb comments on the new California law defining rape as the absence of affirmative consent, rather than as the presence of indicators of non-consent. Colb praises the law and addresses some of the arguments in opposition to it.

U.C. Davis law professors Vikram David Amar and Alan E. Brownstein discuss a case the U.S. Supreme Court that will be argued in the coming months, which presents the issue how courts should define “true threats” that fall outside First Amendment protection and thus are subject to punishment.

Chapman University law professor Ronald Rotunda critically discusses civil forteiture laws in Philadelphia, which he argues are unnecessarily harsh and extend beyond their intended purposes.

In light of recent events in Ferguson, Missouri, Cornell University law professor Michael Dorf weighs the benefits and costs of equipping police officers with wearable cameras to record encounters with citizens. Dorf concludes that while there are some risks inherent in the practice, it would be a good first step toward reducing the frequency of tragedies resulting from police–citizen confrontations.

John Dean, former counsel to the president, comments on the recent indictment of Texas Governor Rick Perry. Dean cautions against falling for Perry’s and even some Democrats’ quick dismissal of the indictment as politically motivated and lacking sufficient basis. Dean argues that only Perry, not his special prosecutor, may have abused his power.

Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s decision in Paroline v. United States, in which the Court considered how much restitution a victim of sexual abuse should be able to recover from a single perpetrator. Colb explains the reasoning used by the majority and the two diametrically opposed dissenting opinions, and she extends the discussion to an important narrative the Court’s opinions fail to consider.

Guest columnist Courtney Minick comments on a recent decision by a federal district court judge striking down California’s death penalty. Minick describes the court’s reasoning and considers its possible implications.

Cardozo law professor Marci Hamilton responds critically to a column by George Will recently published in the Washington Post in which Will belittled a Swarthmore rape victim and implied that college women are responsible for their rapes. Hamilton provides three examples of how society’s handling rape is improving and argues that Will and others should educate themselves about rape before writing columns that ignore facts.

Justia columnist and Cardozo law professor Marci Hamilton describes two recent disappointing developments for survivors of sex abuse in the ultra-Orthodox Jewish community. The first is the plea deal for the man who threw bleach in the face of a venerated advocate of sex abuse survivors, and the second is a community’s celebration of the prison release of a man who attempted to bribe a victim to drop charges against her abuser.

Justia columnist and Cardozo law professor Marci Hamilton comments on the recent shooting incident by a white supremacist in Overland Park, Kansas. She describes the suspect’s religious beliefs and explains how the Kansas RFRA, federal RFRA, and RLUIPA can be used if not to protect a murderer acting due to his beliefs, then at least other wrongdoers similarly motivated.

Justia columnist and U. Washington law professor Anita Ramasastry describes two new “cryptocurrency” competitors, PotCoin and DopeCoin. Ramasastry explains how these new ventures purport to operate and predicts whether there will be a sustained demand for such services. Finally, she considers some of the legal issues these new models present.

Justia columnist and Cornell law professor Sherry Colb continues her analysis, in the third of three columns on the topic, of the Supreme Court's decision in Burrage v. United States. There, the Court interpreted the eligibility of a heroin-distributing defendant for a sentencing enhancement under the penalty-enhancement provision of the Controlled Substances Act for selling drugs from the use of which death resulted. Colb explains how a defendant would qualify for the enhancement.

Justia columnist and Hofstra law professor Joanna Grossman, and Justia guest columnist and Stanford law professor Lawrence Friedman comment on the law regarding “upskirting,” in which a man is surreptitiously videotaping up the skirt of a woman who is sitting, facing him, across the aisle of a bus or subway (or in another situation that lends itself to the practice). Grossman and Friedman note that Massachusetts’s legislature now has an anti-upskirting criminal law. Other states may follow soon too, for old laws are poorly fitted to address the very modern practice of upskirting, and unless legislatures move quickly, culprits may walk away scot-free.

Justia columnist and Cardozo law school professor Marci Hamilton comments on recent stories about the mishandling of reports of sex abuse and assaults at two fundamentalist colleges: Patrick Henry College and Bob Jones University. Hamilton also covers the Catholic Church’s ongoing issues with clergy sex abuse, and cautions these colleges not to follow the Church's lead. Hamilton notes that President Obama has been silent on the epidemic of sex abuse and assaults in religious entities in the United States. She argues that it is high time now, nearing the end of his last Term, for him to step up for all victims, and to stop pandering to religious entities.

Justia columnist and Cardozo law professor Marci Hamilton comments on the topic of college campus sexual assault, which is disturbingly frequent—so much so that the Obama Administration is now focusing on it. Hamilton considers ways to protect college women, especially women in college sports; notes how college men can help in rape prevention; and argues that worries about false accusations by women are overblown.

Justia guest columnist and Northwestern law professor Joseph Margulies explains why American criminal justice appears to be coming out of its prior, punitive turn in criminal justice. With even the Attorney General acknowledging that our criminal justice system is, in many ways, broken, Margulies suggests strong evidence that the punitive turn is waning, and may well be superseded with new and better approaches to criminal justice.