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Articles 1 - 30 of 40
Full-Text Articles in Entire DC Network
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Challenges and potential solutions during the 87th Texas Legislative session.
Justice Delayed Is Not Justice Denied: Considerations And Concerns For Addressing The National Sexual Assault Kit Backlog, Bryan Schwartz
Justice Delayed Is Not Justice Denied: Considerations And Concerns For Addressing The National Sexual Assault Kit Backlog, Bryan Schwartz
University of Cincinnati Law Review
Across the nation, many states have started clearing their backlogs of thousands of untested sexual assault kits. Most states have also implemented legislative and procedural safeguards to improve sexual assault investigation and prevent future backlogs. This article first posits that states seeking to address their sexual assault kit backlog should consider Nevada’s approach, which successfully eliminated the backlog and simultaneously reformed its sexual assault investigation procedures. However, this article primarily argues that, without allocating reoccurring future funding to support the recent legislative and procedural changes, states run the risk of future backlogs of sexual assault cases. State legislatures and policymakers …
Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder
Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder
Dickinson Law Review (2017-Present)
Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.
In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations. …
How The Gun Control Act Disarms Black Firearm Owners, Maya Itah
How The Gun Control Act Disarms Black Firearm Owners, Maya Itah
Washington Law Review
Through 18 U.S.C. § 924(c), the Gun Control Act (GCA) outlaws the possession of a firearm “in furtherance of” a drug trafficking crime. The statute’s language is broad, and federal courts have interpreted it expansively. By giving prosecutors wide discretion in charging individuals with § 924(c) violations, the language enables the disproportionate incarceration of Black firearm owners.
This Comment addresses this issue in three parts. Part I discusses the ways early gun control laws overtly disarmed Black firearm owners. Additionally, Part I provides context for the passage of the Gun Control Act of 1968, which coincided with the backlash to …
Standing By To Protect Child Abuse Victims: Utilizing Standby Counsel In Lieu Of Personal Cross-Examination, Claire Murtha
Standing By To Protect Child Abuse Victims: Utilizing Standby Counsel In Lieu Of Personal Cross-Examination, Claire Murtha
Dickinson Law Review (2017-Present)
Child abuse is a pervasive problem in the United States. Often, the abused child’s word is the only evidence to prove the abuse in court. For this reason, the child’s testimony is critical. Testifying can pose a challenge for the abused child who must face her abuser in the courtroom, especially if that abuser personally questions her.
The United States Supreme Court has recognized the legitimate and strong interest the state has in protecting the psychological and physical well-being of children. When a child will face significant trauma and cannot reasonably communicate in the courtroom, the child can be questioned …
"Send Freedom House!": A Study In Police Abolition, Tiffany Yang
"Send Freedom House!": A Study In Police Abolition, Tiffany Yang
Washington Law Review
Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian …
Ending Injustice: Solving The Initial Appearance Crisis, Pamela R. Metzger, Janet C. Hoeffel, Kristin Meeks, Sandra Sidi
Ending Injustice: Solving The Initial Appearance Crisis, Pamela R. Metzger, Janet C. Hoeffel, Kristin Meeks, Sandra Sidi
Deason Criminal Justice Reform Center
Most Americans expect that if they are arrested, they will quickly appear before a judge, learn about the charges, and have an attorney assigned to defend them. The reality is vastly different. After arrest, a person can wait in jail for days, weeks, or even months before seeing a judge or meeting an attorney. This report chronicles the resulting initial appearance crisis and highlights its devastating consequences. More importantly, it provides policymakers and advocates with actionable recommendations.
Blood In The Water: Why The First Step Act Of 2018 Fails Those Sentenced Under The Maritime Drug Law Enforcement Act, Lauren R. Robertson
Blood In The Water: Why The First Step Act Of 2018 Fails Those Sentenced Under The Maritime Drug Law Enforcement Act, Lauren R. Robertson
Washington and Lee Law Review
For some, the open ocean is prison. The Maritime Drug Law Enforcement Act (MDLEA) prohibits individuals from knowingly or intentionally distributing a controlled substance or possessing it with the intent to distribute. Empowered by the MDLEA, the United States Coast Guard arrests and detains foreign nationals hundreds of miles outside of U.S. territorial waters. After months shackled to Coast Guard ships, these individuals face the harsh reality of American mandatory minimum drug sentencing, judged by the kilograms of drugs on their vessels. But the MDLEA conflates kilograms with culpability. More often than not, those sentenced are fishermen-turned-smugglers due to financial …
U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams
U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams
Department of Justice Studies Faculty Scholarship and Creative Works
U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to foreground new …
Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher
Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher
Master of Arts in Criminal Justice Leadership
The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …
The Intersection Of Reducing Recidivism And Spurring Inclusive Economic Recovery, Scott B. Astrada, Israel X. Nery
The Intersection Of Reducing Recidivism And Spurring Inclusive Economic Recovery, Scott B. Astrada, Israel X. Nery
Legislation and Policy Brief
No abstract provided.
The Unintentional Cost Of A Free Public Sex Offender Registry, Rebekah E. Leavitt
The Unintentional Cost Of A Free Public Sex Offender Registry, Rebekah E. Leavitt
Intuition: The BYU Undergraduate Journal of Psychology
This literature review analyzes the efficacy of modern legislation guiding public access to sex offender registries and draws on research utilizing surveys, interviews, and statistical observations of convicted sex offenders to determine sources of ineffective practices at the legislative level. By utilizing Braithwaite’s reintegrative shaming theory (1989), in which stigmatizing shame is significantly less efficient in criminal contexts, current legislation and its impact on common issues experienced by sex offenders (including sexually addictive behaviors and childhood sexual abuse) are examined. The discerned prevalence of stigmatizing shame in modern legislation, which focuses on the individual rather than the undesirable behavior, indicates …
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
University of New Orleans Theses and Dissertations
No abstract provided.
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley
DePaul Journal for Social Justice
No abstract provided.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango
Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango
Catholic University Law Review
Technology may be created by humans, but we are dependent on it. Look around you: what technology is near you as you read this abstract? An iPhone? A laptop? Perhaps even an Amazon Echo. What do all these devices have in common? They store data in the cloud. And this data can contain some of our most sensitive information, such as business records or medical documents.
Even if you manage this cloud storage account, the government may be able to search your data without a warrant. Federal law provides little protection for cloud stored data. And the Fourth Amendment may …
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne
All Faculty Scholarship
Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.
After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay …
Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom
Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom
Michigan Journal of Race and Law
This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.
An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii
An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii
DePaul Journal for Social Justice
No abstract provided.
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
Articles
No abstract provided.
Improving Police Officer Accountability In Minnesota: Three Proposed Legislative Reforms, Jim Hilbert
Improving Police Officer Accountability In Minnesota: Three Proposed Legislative Reforms, Jim Hilbert
Mitchell Hamline Law Review
No abstract provided.
American Edibles: How Cannabis Regulatory Policy Rehashes Prohibitionist Fears And What To Do About It, Connor Burns, Jay Wexler
American Edibles: How Cannabis Regulatory Policy Rehashes Prohibitionist Fears And What To Do About It, Connor Burns, Jay Wexler
Seattle University Law Review
Why can’t we buy a cannabis muffin with our morning coffee? For much of the past century, the answer was simple: cannabis was illegal. Now, however, with more and more states legalizing cannabis for adult use, the answer is far less clear. Even in those states that have legalized cannabis, the simple action of buying and eating edibles at the same location has somehow remained a pipe dream despite consumer demand. Digging a little deeper, we can see how contemporary alarmism—by rehashing the same prohibitionist rhetoric demonizing cannabis for over eighty years—has once again arisen with a new target: cannabis-infused …
Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson
Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson
Faculty Works
A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …
Offenders And Sorn Laws, Amanda Agan, J.J. Prescott
Offenders And Sorn Laws, Amanda Agan, J.J. Prescott
Book Chapters
Chapter 7 describes what we know about the effects of SORN laws on criminal behavior. A coherent story emerges from this review: there is virtually no evidence that SORN laws reduce recidivism or otherwise increase public safety. The chapter first delineates the various ways registration and notification alter the legal environment not only for registrants but also for nonregistrants, the public, and law enforcement. There are many channels through which SORN laws might impact the frequency of sex offenses, including some that would produce an increase in overall offending. The chapter assesses these possibilities in light of a large body …
Prosecuting Executive Branch Wrongdoing, Julian A. Cook, Iii
Prosecuting Executive Branch Wrongdoing, Julian A. Cook, Iii
University of Michigan Journal of Law Reform
Attorney General William Barr’s handling of Robert Mueller’s Report on the Investigation into Russian Interference in the 2016 Presidential Election was undeniably controversial and raised meaningful questions regarding the impartiality of the Department of Justice. Yet, Barr’s conduct, which occurred at the conclusion of the Mueller investigation, was merely the caboose at the end of a series of controversies that were coupled together from the outset of the investigation. Ensnarled in dissonance from its inception, the Mueller investigation was dogged by controversies that ultimately compromised its legitimacy.
Public trust of criminal investigations of executive branch wrongdoing requires prosecutorial independence. To …
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner
Dickinson Law Review (2017-Present)
Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Courts Beyond Judging, Michael C. Pollack
Courts Beyond Judging, Michael C. Pollack
Faculty Articles
Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …
Blind Justice: Virginia’S Jury Sentencing Scheme And Impermissible Burdens On A Defendant’S Right To A Jury Trial, Mitchell E. Mccloy
Blind Justice: Virginia’S Jury Sentencing Scheme And Impermissible Burdens On A Defendant’S Right To A Jury Trial, Mitchell E. Mccloy
Washington and Lee Law Review
This Note argues that Virginia’s mandatory jury sentencing scheme, which bars juries from reviewing state sentencing guidelines, impermissibly burdens a defendant’s Sixth Amendment right to a jury trial. By analyzing both judge and jury sentencing guidelines compliance rates from the past twenty-five years, this Note demonstrates that in Virginia, a defendant has a significantly higher chance of receiving a harsher sentence after a jury trial than after a bench trial or a guilty plea. Given that judges rarely modify jury sentences, the defendant is effectively left with a choice between two different sentences before plea negotiations can even begin.
Because …