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Federal Sentencing Reform: Determining The Scope Of The Retroactive Application Of The First Step Act Of 2018, Alexa Brown

Western New England Law Review

The First Step Act of 2018 was signed into law by President Trump in December of 2018. This Act sought to adopt a less-retributive approach on sentencing while advancing criminal justice reform toward reducing excessively long federal sentences. This Note will specifically focus on section 403 of the Act. Section 403 was created to eradicate stacking sentences from second or subsequent convictions within the same indictment. Following the enactment of the First Step Act, only defendants with a prior conviction from a separate, prior indictment would be subject to the imposition of the higher mandatory minimum sentence.

The issue that …

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 …

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—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—Mirroring The Trial: Making Sense Of The Law Of Closing Argument In Criminal Cases, Alex J. Grant

Western New England Law Review

The law of closing arguments in criminal cases has proven to be a minefield for prosecutors and judges. Whereas criminal convictions can be overturned because of improper argument by the government, acquittals obtained through improper argument by defense counsel cannot be reviewed because of the Double Jeopardy clause. Two rules, the prohibition against vouching and the proscription against the expression of personal opinions, have proven to be very difficult to apply in a coherent manner, to the point that argument about the credibility of witnesses has been prohibited in some jurisdictions. Jury nullification arguments by the defense tend to creep …

Criminal Law--Invisible In The Courtroom Too: Modifying The Law Of Selective Enforcement To Account For White Privilege, Mara Shulman Ryan

Western New England Law Review

In this Note, the Author asserts that, although Massachusetts courts never formally acknowledged white privilege, Commonwealth v. Vassell (HSCR 2008-00056) illustrates that white privilege plays a very real role in the administration of criminal laws and contributes to many instances of selective enforcement. Specifically in the context of selective enforcement claims, courts focus on whether people of color are arrested or prosecuted for belonging to a racial minority group (a result of racism) rather than on whether people evade arrest or prosecution for being white (a result of white privilege). This Note examines the development of the law of selective …

Undoing Time: A Proposal For Compensation For Wrongful Imprisonment Of Innocent Individuals, Muhammad U. Faridi, Hillel Hoffman, Paul A. Montuori

Western New England Law Review

This Article identifies the shortcomings in the American justice system relating to the inadequate compensation for innocent individuals wrongfully imprisoned for crimes they did not commit and for which they were later exonerated. Fairness and justice is considered a cornerstone of the justice system and the Authors contend that a just government cannot deny its citizens of life, liberty, or property without adequate compensation. Studies cited conclude that hundreds of individuals were exonerated after spending decades in prison for crimes they did not commit. The number of similar cases is on the rise due to advances in DNA testing.

While …

Illich (Via Cayley) On Prisons, Giovanna Shay

Western New England Law Review

This Article considers whether, more than a dozen years after publication of Cayley’s book The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives, Illich’s theories help us to make sense of America’s “prison-industrial complex.” The Author concludes that our current situation reflects in part the dynamics of his theory of “counterproductivity,” but that Illich did not take sufficient account of the salience of race and class in American criminal punishment.

Criminal Law—"But I Didn't Know Who He Was!": What Is The Required Mens Rea For An Aider And Abettor Of A Felon In Possession Of A Firearm?, James O'Connor

Western New England Law Review

No abstract provided.

Federal Drug Sentencing—What Was Congress Smoking? The Uncertain Distinction Between "Cocaine" And "Cocaine Base" In The Anti-Drug Abuse Act Of 1986, Spencer A. Stone

Western New England Law Review

No abstract provided.

Criminal Law—The Meaning Of Violence: An Interpretive Analysis On Whether A Prior Conviction For Carrying A Concealed Weapon Is A "Crime Of Violence" Under The United States Sentencing Guidelines, Neal Eriksen

Western New England Law Review

No abstract provided.

Criminal Law—The Crucible Of Adversarial Testing: Ineffective Assistance Of Counsel And Unauthorized Concessions Of Client's Guilt, Heidi H. Woessner

Western New England Law Review

No abstract provided.

Criminal Law—Prosecutorial Discretion Or Contract Theory Restrictions?--The Implications Of Allowing Judicial Review Of Prosecutorial Discretion Founded On Underlying Contract Principles, Justin H. Dion

Western New England Law Review

No abstract provided.

Criminal Law—Retroactive Law Or Punishment For A New Offense?—The Ex Post Facto Implications Of Amending The Statutory Provisions Governing Violations Of Supervised Release, Ryan M. Zenga

Western New England Law Review

No abstract provided.

The Role Of Counsel And The Courts In Addressing Foreign Language And Cultural Barriers At Different Stages Of A Criminal Proceeding, Richard W. Cole, Laura Maslow-Armand

Western New England Law Review

No abstract provided.

Criminal Law—The Husband's Rape Exception: An Equal Protection Alternative—State V. Smith, 148 N.J. Super. 219, 372 A.2d 386 (Essex County Ct. 1977), Stuart M. Litoff

Western New England Law Review

No abstract provided.