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Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby

University of Baltimore Law Review

Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively equal. Further, individuals with lower economic means were dually susceptible to conviction as a result of less vigorous legal representation.

Now, laws have legalized marijuana for medicinal purposes in twenty-six states, along with a small portion of states (seven) legalizing marijuana for recreational use. Yet retroactive ameliorative relief is not widely available to those who were convicted under circumstances that are now legal, and …

Comment: Solving The Depraved Heart Murder Problem In Maryland: A Suggestion For Successful Prosecution Of Police Officers, Rachele Norfolk

University of Baltimore Law Review

Currently, there is no statutory framework for depraved heart murder in Maryland. Additionally, there is a problem with prosecuting this specific kind of murder because Maryland’s common law provides very vague and somewhat flimsy guidance. While prosecuting police officers may prove to be a challenging feat itself, it may be even harder when an officer fails to follow certain procedures or act in certain ways through “acts of omission.”

This Comment will proceed in four parts following this introduction. Part II will provide background information on the Freddie Gray case and the common law in Maryland on depraved

heart murder …

Comments: When Psychology Answers Constitutional Questions: The Eighth Amendment And Juvenile Sentencing, Emily M. Steiner

University of Baltimore Law Review

While weighing whether or not to turn himself in for murder and surrender to prison, a 23-year-old law student questions the high premium placed on imprisonment as a rehabilitative measure. After finally submitting to imprisonment, however, Rodion Raskolnikov comes to understand the value of atoning for his crimes and how his punishment correlates with societal justice. The balance struck between an appropriate amount of suffering and society’s need for justice is at the heart of Raskolnikov’s character development.

Despite Raskolnikov’s imprisonment and accompanying character transformation, one important question remains unanswered by Fyodor Dostoevsky’s novel: at what point does a punishment …

Maryland's Medical Marijuana Law: Transactional And Ethical Perspectives For Real Estate Practitioners, Nicole M. Lacoste Folks, Lawrence F. Haislip, Matthew L. Kimball

University of Baltimore Journal of Land and Development

The congruence between Federal and state laws relating to marijuana, 2 which has existed for generations, is unraveling. In recent years a number of states have reduced or eliminated criminal penalties for the possession or use of small amounts of marijuana;3 twentythree states have established a state law exception for medical marijuana; 4 and Colorado, Washington, Alaska and Oregon now authorize the retail and personal growth, sale and possession of marijuana as a matter of state law.5 Maryland has lately joined the list of states purporting to create exceptions or safe harbors for those wishing to engage in the manufacture, …

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …

The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act: A Criminal Perspective, Meredith Boram

University of Baltimore Law Review

[H]ate crimes ... leave deep scars not only on the victims, but on our larger community. They weaken the sense that we are one people with common values and a common future. They tear us apart when we should be moving closer together. They are acts of violence against America itself.. . As part of our preparation for the new century, it is time for us to mount an all-out assault on hate crimes, to punish them swiftly and severely, and to do more to prevent them from happening in the first place. We must begin with a deeper understanding …

Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by …

Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi

University of Baltimore Journal of International Law

Professor Bessler’s The Birth of American Law offers a contribution to the research on Cesare Beccaria of extraordinary value for legal historians and for legal scholars in general. Not only is the book extremely fascinating, but it gives us an enormous mass of information about the “celebrated Marquis” and his influence on the developments of the law and the legal jurisprudence in Europe and outside Europe over the last 250 years. Here follows a brief summary of Professor Bessler’s book

Foreword, J. Amy Dillard

University of Baltimore Law Review

No abstract provided.

Serial: The Presumption Of Guilt, Staff Editors

University of Baltimore Law Review

Below is a transcript of a panel discussion with key participants in the defense of Adnan Syed which inspired the popular Serial podcast. The Student Bar Association of the University of Baltimore School of Law hosted the event on February 12, 2015.

First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root

University of Baltimore Journal of International Law

The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …

Comments: Maryland Is Dying For A Slayer Statute: The Ineffectiveness Of The Common Law Slayer Rule In Maryland, Tara L. Pehush

University of Baltimore Law Review

No abstract provided.

Notes: Criminal Law — Constitutional Law — Maryland's "Son Of Sam" Statute Does Not Compel A Criminal Defendant To Turn Over Notoriety Of Crimes Contracts To The Attorney General. Curran V. Price, 334 Md. 149, 638 A.2d 93 (1994), Danielle B. Gibbs

University of Baltimore Law Review

No abstract provided.

Notes: Crimes And Punishments — Child Selling — Maryland's Statute Prohibiting The Sale, Barter, Or Trade Of A Child Is Not Limited To Proscribing For-Profit Adoptions, But Also Covers The Transfer Of The Custody Of A Child In Exchange For Money. State V. Runkles, 326 Md. 384, 605 A.2d 111 (1992), Randi Alyce Klein

University of Baltimore Law Review

No abstract provided.

Notes: Criminal Law — Evidence — Evidence Of Refusal To Submit To Chemical Breath Test For Alcohol Admissible Only When Relevant To Matters Other Than Defendant's Innocence Or Guilt. Krauss V. State, 322 Md. 376, 587 A.2d 1102 (1991), Howard S. Cohen

University of Baltimore Law Review

No abstract provided.

Notes: Criminal Law — The Court Of Appeals Of Maryland Turns To Statutory Construction To Avoid Constitutional Right-To-Privacy Issue. Schochet V. State, 320 Md. 714, 580 A.2d 176 (1990), Thomas F. Mckeon

University of Baltimore Law Review

No abstract provided.

Book Review: Crème De Crime: Techniques For Interviewing White-Collar Criminals, Jonathan J. Rusch

University of Baltimore Law Review

No abstract provided.

Casenotes: Constitutional Criminal Law — Sentencing — Mandatory Sentencing Statute Requiring Life Imprisonment Without Parole For Habitual Offenders Of Violent Crimes Satisfies The Eighth Amendment's Proportionality Principle When Applied To A Fourth Conviction Of Daytime Housebreaking. State V. Davis, 310 Md. 611, 530 A.2d 1223 (1987), Thomas Patrick Ott

University of Baltimore Law Review

No abstract provided.

When Constitutions Collide: A Study In Federalism In The Criminal Law Context, Michael R. Braudes

University of Baltimore Law Review

No abstract provided.

Casenotes: Criminal Law — Maryland Adopts The Model Penal Code's Substantial Step Test For Criminal Attempt. Young V. State, 303 Md. 298, 493 A.2d 352 (1985), A. Dean Stocksdale

University of Baltimore Law Review

No abstract provided.

Casenotes: Criminal Law — Accessoryship — An Accessory Before The Fact May Be Convicted Of A Greater Crime Or Degree Of Crime Than The Principal. Jones V. State, 302 Md. 153, 486 A.2d 184 (1985), Michael Carlis

University of Baltimore Law Review

No abstract provided.

Casenotes Criminal Law — Evidence — Expert Testimony That Rape Victim Suffered Post Traumatic Stress Disorder Is Admissible To Rebut A Defense Of Consent. State V. Allewalt, 308 Md. 89, 517 A.2d 741 (1986), Robert C. Sanders

University of Baltimore Law Review

No abstract provided.

Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton

University of Baltimore Law Review

In 1971, the Maryland General Assembly and court of appeals adopted the prompt trial provisions. It was not until the court's 1979 decision in State v. Hicks, however, that the "teeth" were put into the provisions, by supplying dismissal as the sanction for violation of the defendant's rights under the prompt trial provisions. Since that time, there has been an abundance of litigation in an attempt to clarify the applicability of the provisions and the sanction. In this article, the author presents a practical guide to the Maryland prompt trial provisions, analyzing the provisions and the wealth of recent case …

Casenotes: Constitutional Criminal Law — Life Sentence Without Parole Imposed On Recidivist Guilty Of Seven Non-Violent Crimes Constitutes Cruel And Unusual Punishment Under The Eighth Amendment Proportionality Test — Solem V. Helm, 103 S.Ct. 3001 (1983), Elizabeth Gilbert Osterman

University of Baltimore Law Review

No abstract provided.

Casenotes: Criminal Law — Admission Into Evidence Of Defendant's Refusal To Submit To Blood-Alcohol Test Does Not Violate The Fifth Amendment Privilege Against Self-Incrimination. South Dakota V. Neville, 103 S. Ct. 916 (1983), Richard Kelley Reed

University of Baltimore Law Review

No abstract provided.

Casenotes: Bar Admissions — Applicant's Failure To Fully Disclose Armed Robbery Conviction Deemed Insufficient To Deny Admission To Bar Upon Demonstration Of Good Moral Character. In Re Application Of G.L.S., 292 Md. 378, 439 A.2d 1107 (1982), Michael Thomas Murphy

University of Baltimore Law Review

No abstract provided.

Misprision Of A Federal Felony: Dangerous Relic Or Scourge Of Malfeasance?, Royal G. Shannonhouse Iii

University of Baltimore Law Review

The federal crime of misprision of felony exists in the face of interpretive, enforcement and constitutional problems. This peculiar crime is analyzed in terms of its elements, related crimes and defenses. The author concludes that misprision of felony should not be permitted to continue in its present form.

The Trial Of Petty Offenses By Federal Magistrates: Collision With Amendment Vi

University of Baltimore Law Review

The author discusses the trial of petty offenses by federal magistrates under the newly promulgated Rules of Procedure for the Trial of Minor Offenses in light of the sixth amendment guarantees of trial by jury and right to counsel.