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Criminal Law—Dreaming Of A Drug War Reckoning, Luke Ryan, Molly Ryan Strehorn
Criminal Law—Dreaming Of A Drug War Reckoning, Luke Ryan, Molly Ryan Strehorn
Western New England Law Review
Day after day, government officials across the United States make public statements celebrating various “victories” in our never-ending War on Drugs. These shallow statements overlook the true cost of this “war” and perpetuate the binary idea that there will eventually be a winner and a loser. If we continue down the path of war, nobody wins. The following article assesses the impact of this war by imagining a public official having a moment of contrition and acknowledging the errors of our ways.
Criminal Law—Under The Gun Of Rehaif V.United States: How State Legislatures And Courts Must Blunt The Effect Of Knowledge, Meaghan E. Collins
Criminal Law—Under The Gun Of Rehaif V.United States: How State Legislatures And Courts Must Blunt The Effect Of Knowledge, Meaghan E. Collins
Western New England Law Review
For well over thirty years, courts across the nation maintained an interpretational unanimity in applying 18 U.S.C. § 922(g) in thousands of cases. This law specifies that a defendant commits a crime if they were previously convicted of a felony and then later possess a firearm in or affecting commerce. Under the original statutory interpretation, the government was only required to prove that a person knew of their possession of a firearm. However, in 2019, the Supreme Court of the United States overturned that traditional understanding. Under the more recent interpretation, the government is required to prove not only that …
Criminal Law—Give Me Freedom!: How Ambiguous Federal Supervised Release Conditions Undermine The Purpose Of The Sentencing Reform Act, Igor V. Bykov
Criminal Law—Give Me Freedom!: How Ambiguous Federal Supervised Release Conditions Undermine The Purpose Of The Sentencing Reform Act, Igor V. Bykov
Western New England Law Review
Vagueness, as the word suggests, is inherently uncertain. This Note addresses the issues of vagueness presented by unclear supervised release conditions, as well as discusses the split of authority pertaining thereto. Specifically, the condition discussed throughout the Note prohibits defendants from frequenting places where controlled substances are illegally present. Because federal appellate courts differ as to the condition’s meaning and its application, the existing circuit split will be thoroughly discussed. The main issues with the condition demonstrate a lack of attentiveness and forethought of the sentencing judges that ultimately impose undue hardships onto the defendants wishing to enter back into …
Immigration Law—The $2 Cost Of Deportation For Black Immigrants, Aisatou Diallo
Immigration Law—The $2 Cost Of Deportation For Black Immigrants, Aisatou Diallo
Western New England Law Review
The United States is a nation with protected borders and in order to protect the immigration laws control who may or may not come into the country. One way this is done is been by excluding individuals who have been convicted of crimes involving moral turpitude. There is no single definition of what a crime involving moral turpitude is, but over time the types of crimes held to involve moral turpitude have expanded. This article describes how this expansion of the types of crimes that are categorized as crimes involving moral turpitude have had a drastic impact on black immigrants …
Criminal Law—Words Matter: Discouraging Suicide Through The Aid Of Legislation, Nicole Belbin
Criminal Law—Words Matter: Discouraging Suicide Through The Aid Of Legislation, Nicole Belbin
Western New England Law Review
Scholars criticized the manslaughter conviction of Michelle Carter almost as soon as the case was decided. Much of the criticism surrounding the case called for legislative action as the appropriate course of action. Fast forward a few years and Massachusetts is prosecuting another girlfriend for encouraging her boyfriend to kill himself. In response, Massachusetts has proposed legislation during the 2021 session aimed at criminalizing encouraging or assisting suicide, seeking to join several states that already have taken this approach. This Article considers the cause of suicide, recognizing it as a mental illness, and examines the societal harm associated with suicide. …
Constitutional Law—Penalizing The “Unsightly”: An Argument For The Abolishment Of Laws Criminalizing Life-Sustaining Behaviors Among The Homeless, Carli Ross
Western New England Law Review
Thousands of people across the country suffer from homelessness. Instead of funding more shelters or dealing with the lack of subsidized housing, cities have chosen to rely on the criminal justice system to regulate homeless behavior. Homeless individuals are being punished with fines and potential jail time for sleeping, sitting, gathering, and camping in public. Not only does this practice contribute to the homelessness crisis in the United States, but it also creates an additional obstacle for homeless individuals. Additionally, relying on the criminal justice system is more costly than helping homeless individuals find a permanent shelter. The Ninth Circuit …