News and information useful to Cleveland-Marshall College of Law students, faculty and staff.


Table on Culpable Mental State for Ohio Criminal Law

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Culpable mental state, or mens rea, is an important concept of criminal law. Many criminal statutes include a description of the culpable mental state, but some sections of Title 29 in Ohio criminal law do not. The Ohio Criminal Sentencing Commission has made suggestions for culpable mental state for those times when the statute does not specify a mens rea. You can review these suggestions in table format in Anderson’s Ohio Manual of Criminal Complaints and Indictments, in Appendix A in the table “Assigning A Culpable Mental State to Fill Statutory Voids.” An example from the table: for gambling offenses, knowingly is added as the culpable mental state.

This Just In: Crimmigration Law

crimmigrationCrimmigration Law describes the convergence of two distinct bodies of law: criminal law and procedure with immigration law and procedure. Crimmigration Law lays out crimmigration law’s contours. It tracks the legal developments that have created crimmigration law and explains the many ways in which the stark line that once appeared to keep criminal law firmly divided from immigration law has melted away. In doing so, it highlights crimmigration law’s most salient features—its ability to substantially raise the stakes of criminal prosecutions by dramatically expanding the list of crimes that can result in removal from the United States, its willingness to freely rely on crimes that apply only to migrants, and its vast dependence on detention as a means of policing immigration law.

The author, César Cuauhtémoc García Hernández is a visiting professor at the University of Denver Sturm College of Law. He has been tracking crimmigration law develompents twice a week on crImmigration.com since 2009.

Defense Lawyers’ Role in Helping Youth Offenders through Positive Criminology

In a book chapter from the recent book Positive Criminology (Routledge, 2015), author Dana Segev explores how defense lawyers can contribute to rehabilitation and smooth reentry for their clients by incorporating techniques from positive criminology and therapeutic justice into their client interactions. The article focuses on youth in the juvenile justice system. Positive criminology is “a field of criminology that focuses on positive experiences that individual encounter that can influence these individuals and distance them from self-centeredness, crime, and deviance.”

The author suggests that defense lawyers can cultivate a positive relationship, allow for meaningful participation, and foster the client’s voice through techniques such as:

  • Active listening
  • Criticizing the act, but not the actor
  • Showing warmth, empathy, and openness
  • Praising positive steps forward, such as successfully completing a rehabilitation program
  • Helping the client prepare for the future post-incarceration
  • Allowing youth defendants to express their thoughts and feelings in court
  • Providing questionnaires to encourage youth to reflect on sentencing issues

By incorporating techniques such as these into their client interactions, defense lawyers can expand their traditional roles as legal actors and act as social workers, education advocates, substance abuse counselors, or family therapists.

See Dana Segev, Positive Criminology and Therapeutic Jurisprudence: Relevant Techniques for Defense Lawyers, in Positive Criminology (Natti Ronel & Dana Segev, eds., 2015) [Full text on SSRN]

Recent Statistics on Internet Harassment

A recent report from the Pew Research Internet Project indicates that 73% of adult internet users have seen someone be harassed online and 40% have experienced online harassment themselves. Six types of online harassment were examined: being called offensive names, purposefully embarrassing someone, physical threats, harassment over a sustained period of time, sexual harassment, and stalking. Young adults, and especially young women ages 18 to 24, were most likely to experience online harassment. Young women were disproportionately the victims of the most severe forms of online harassment, with 26% of young women having been stalked, and 25% having experienced sexual harassment.

You can find research materials on cyberbullying and other forms of online crime in the library. Some recent titles include:

  • Cyber Crime and Digital Evidence: Materials and Cases [Find it]
  • Confronting Cyber-Bullying: What Schools Need to Know to Control Misconduct and Avoid Legal Consequences [Find it]
  • Placing the Suspect Behind the Keyboard: Using Digital Forensics and Investigative Techniques to Identify Cybercrime Suspects [Find it]

You have the right to Remain Silent…Check out our Criminal Law and Procedure Guide

arrest-recordsOur Criminal Law and Criminal Procedure Research Guide is the place to go for information you need when researching a Criminal Law and/or Criminal Procedure Issue. Students take note: The guide has a whole page devoted to study aids and CALI lessons too!