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Articles 1 - 30 of 5419
Full-Text Articles in Law
The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani
The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani
William & Mary Journal of Race, Gender, and Social Justice
This Article explores the ways in which RJ [restorative justice] has been co-opted, argues that RJ’s core principles can never coexist with the criminal punishment system, and analyzes how RJ co-optation is a barrier to abolitionist goals. It proceeds in three parts. In Part I, I present the fundamental principles upon which RJ processes should be based. While many scholars and practitioners have identified the lack of a consistent RJ definition by which to guide the work, I propose that there are fundamental principles that serve to guide RJ, and these are in stark contrast with the principles and realities …
Just Me, Myself, And I: Georgia Trial Courts May Consider Pro Se Motions Filed By Represented Criminal Defendants, Mckayla A. Doss
Just Me, Myself, And I: Georgia Trial Courts May Consider Pro Se Motions Filed By Represented Criminal Defendants, Mckayla A. Doss
Mercer Law Review
For decades, Georgia’s trial courts have applied the absolute rule that pro se motions filed by represented (or presumably represented) criminal defendants were a legal nullity. In essence, hybrid representation was not permitted—legal representation precluded criminal defendants from acting as “co-counsel” or filing their own pro se motions.The application of this absolute rule substantially affected the time-sensitive period that follows a criminal conviction, as defendants in Georgia have a limited period of time to file a notice of appeal or a motion for new trial before the window of direct appeal closes. Failure to file these motions results in the …
Proprietors Beware: Recent Changes In Negligent Security Cases Involving Third-Party Criminal Acts And The State Of The Law Moving Forward After The Supreme Court Of Georgia’S Most Recent Decision In Georgia Cvs V. Carmichael, Blake Williamson
Mercer Law Review
The burgeoning surge in criminal activity within the United States has precipitated a corresponding increase in legal actions aimed at ascertaining the liability of business proprietors for crimes that transpire on their premises. Although the legal and factual questions surrounding the attribution of liability for the criminal acts of third parties often prove intricate, the crux of the matter remains consistent with that encountered in other premises liability actions—namely, did the proprietor possess superior knowledge of the danger that injured the plaintiff?
Can Too Much Clarity Cause Confusion? A Case Study Of Mccalop V. State, Sutton M. Eggena
Can Too Much Clarity Cause Confusion? A Case Study Of Mccalop V. State, Sutton M. Eggena
Mercer Law Review
In criminal trials, few elements wield as much influence over the outcome as expert testimony. Expert testimony serves as the bridge between complex subject matter and the understanding of lay jurors, often occupying a pivotal position in the pursuit of justice. Indeed, expert testimony can be the lynchpin on which a jury’s verdict turns. Picture a courtroom filled with jurors, each presumed to lack a deep understanding of the intricate dynamics of domestic abuse and the profound effects of battered person syndrome on individuals trapped in violent relationships. In pursuit of justice, these jurors lean on a singular source—an expert …
Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr
Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr
The University of New Hampshire Law Review
Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.
That the United States has well over fifty-one independent criminal legal systems frustrates efforts …
Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall
Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall
Barry Law Review
No abstract provided.
The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter
The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter
Georgia State University Law Review
This Note examines Georgia’s application of harmless error review to constitutional errors and proposes a new standard to remedy deficiencies.
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
University of Cincinnati Law Review
Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …
“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox
“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox
Washington and Lee Law Review Online
This essay is directly responsive to one of the most pressing issues currently before the courts of the United States: the question of whether former Presidents enjoy immunity from criminal prosecution for acts they committed in office. Building upon the recent ruling of the United States Court of Appeals for the D.C. Circuit in United States v. Trump, 91 F.4th 1173 (D.C. Cir. 2024) this essay argues that the clear answer to that question is a resounding “no”.
Former President Trump, who has now appealed the D.C. Circuit’s ruling to the Supreme Court, contends that post-presidential criminal immunity is …
Successive But Not Successful: Does The Aedpa Allow Federal Prisoners To Reassert Previously Presented Claims For Habeas Relief?, Michael P. Bitgood
Successive But Not Successful: Does The Aedpa Allow Federal Prisoners To Reassert Previously Presented Claims For Habeas Relief?, Michael P. Bitgood
Texas A&M Law Review
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) unequivocally bars state prisoners from reasserting previously presented claims for habeas relief. Currently, the circuits are embroiled in a disagreement regarding whether the AEDPA also bars federal prisoners in the same way, and federal prisoners’ potentially viable claims for habeas relief hang in the balance. Prior to the Ninth Circuit’s decision in Jones v. United States, six circuits agreed that the AEDPA does bar federal prisoners’ previously asserted habeas claims, but the Sixth Circuit alone disagreed. Now, the Jones decision aligns the Ninth Circuit with the Sixth Circuit’s position. …
A Federal Inmate’S Right To Stay Home, Jordan Thorn
A Federal Inmate’S Right To Stay Home, Jordan Thorn
Texas A&M Law Review
Since the start of the COVID–19 pandemic, the Federal Bureau of Prisons (“BOP”) has, for the first time in history, placed tens of thousands of inmates onto home confinement. Likely due to the unprecedented nature and rapid release of inmates to contain the virus, the BOP failed to timely update their policies and procedures surrounding the disciplinary system of inmates on home confinement. This failure to update resulted in the BOP removing inmates from home confinement and placing them back in prison for minor violations. Furthermore, when the BOP chose to remove an inmate from home confinement, it did so …
The Inadequacy Of Constitutional And Evidentiary Protections In Screening False Confessions: How Risk Factors Provide Potential For Reform, Nicole Tackabery
The Inadequacy Of Constitutional And Evidentiary Protections In Screening False Confessions: How Risk Factors Provide Potential For Reform, Nicole Tackabery
UC Irvine Law Review
The admission of a criminal defendant’s confession into evidence is almost always fatal to a defendant’s case. And this is no surprise: common sense advises that a confession is particularly incriminating and definitive in establishing a defendant’s guilt. But while a confession’s persuasiveness is not inherently problematic, its unique ability to convey guilt poses a problem when a confession happens to be false. This problem is wrongful conviction. In fact, false confessions are one of the leading causes of wrongful conviction, and individuals who are at risk due to their age, intellectual disability, and/or mental health are especially susceptible.
While …
Impeaching With An Alleged Prior False Accusation, Erin Murphy
Impeaching With An Alleged Prior False Accusation, Erin Murphy
Fordham Law Review
The Court’s categorical recognition of bias as a constitutionally protected, and therefore rape-shield recognized, exception to the general bar on evidence of sexual history has led to questions about whether other forms of impeachment might also evade rape shield restrictions. In particular, courts have grappled with the admissibility of impeachment by evidence of a prior false accusation (PFA).
The current treatment of PFAs is inconsistent and controversial for several reasons. First, as explained further in Part I, there is a lack of clear guidance in the rules about how such evidence should be treated. Second, of course, there are the …
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado
St. Mary's Law Journal
No abstract provided.
Good Policing Practices Are Difficult, Even For The Avengers, Melanie Reid
Good Policing Practices Are Difficult, Even For The Avengers, Melanie Reid
Cleveland State Law Review
Policing, as a topic, is complicated. Many have strong views as to what police should or should not be doing and how effectively they are doing it. Too often policing has become polarized with various perspectives disagreeing as to the future of policing. Black Lives Matter, Defund the Police, and Policing Abolition movements are on one spectrum compared to the Blue Lives Matter Movement or other mayoral or police union initiatives. This is clearly a time to collaborate and learn from the various perspectives to bring hope and change in the future. Lawyers, academics, community members, and police officers alike …
Pleading For Justice: Analyzing Ohio’S Wrongful Conviction Compensation Statute And The Guilty Plea Disqualification Provision, Paige Betley
Pleading For Justice: Analyzing Ohio’S Wrongful Conviction Compensation Statute And The Guilty Plea Disqualification Provision, Paige Betley
Cleveland State Law Review
Innocent until proven guilty? For some who have walked through the criminal justice system, this American adage did not seem to ring true. The criminal justice system has produced many wrongful convictions, which is an unthinkable injustice. These individuals must then fight for compensation to get back on their feet in society after spending years, if not decades, unjustly behind bars. Ohio’s wrongful conviction compensation statute perpetuates this injustice by categorically excluding exonerees who pled guilty to a crime they did not commit from receiving compensation from the State, with no exceptions. This Note critically analyzes the inherent harms from …
Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Pepperdine Law Review
Crimes make for compelling stories. So juries make for an eager audience. Jurors want to—indeed, expect to—learn what the defendant did, how they did it, and why they deserve punishment. Capable prosecutors know how to deliver. Trial narratives empower jurors to link discrete pieces of evidence and infer facts from circumstantial proof. Only then can they render a verdict consistent with their sense of justice. Federal courts thus afford wide leeway for prosecutors to present their case as they please, with the evidence at their disposal. The Federal Rules of Evidence delineates the scope of that discretion. Under Rule 404(b), …
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott
Public Land & Resources Law Review
No abstract provided.
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Indonesia Law Review
Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …
Quit Using Acquittals: The Unconstitutionality And Immorality Of Acquitted-Conduct Sentencing, Brenna Nouray
Quit Using Acquittals: The Unconstitutionality And Immorality Of Acquitted-Conduct Sentencing, Brenna Nouray
Pepperdine Law Review
This Comment examines the phenomenon of acquitted-conduct sentencing—a practice that allows a sentencing judge to enhance a criminal defendant’s sentence due to conduct for which he has already been acquitted. Seventeen-year-old Dayonta McClinton is one of many criminal defendants who have unjustly suffered at the hands of this practice when he received a thirteen-year enhancement because of conduct for which he already received a verdict of not guilty from a jury. This Comment argues that acquitted-conduct sentencing is unconstitutional, as it violates both the reasonable doubt standard required under the Due Process Clause of the Fifth Amendment and the jury …
The Nonexistent Speedy Trial Right, Colleen Cullen
The Nonexistent Speedy Trial Right, Colleen Cullen
Pepperdine Law Review
The United States Constitution and all fifty states guarantee a speedy trial right for individuals accused of crimes. The controlling United States Supreme Court case, decided over fifty years ago, described the Sixth Amendment as a fundamental right with Fourteenth Amendment Due Process implications. Although the right to a speedy trial is a universally recognized right, this Article compellingly demonstrates the right is actually nonexistent throughout the United States. The COVID-19 pandemic highlighted and exacerbated this previously unrecognized problem in courthouses across the country, which has led to news outlets finally covering the issue of the nonexistent speedy trial. This …
Lgbtq+ Youth In The Juvenile Justice System, Matthias B. Pearce, April Terry
Lgbtq+ Youth In The Juvenile Justice System, Matthias B. Pearce, April Terry
SACAD: John Heinrichs Scholarly and Creative Activity Days
Many experts agree that the juvenile justice system has flaws, resulting in the need for different modifications. One area of particular concern within the juvenile justice system is the involvement of LGBTQ+ youth. LGBTQ+ youth are grossly overrepresented in both the juvenile and adult systems, including those who are incarcerated. This rate is highest for queer women and trans, non-binary, and gender non-conforming individuals (Buist, 2020; Donohue et al., 2021; Hereth & Bouris, 2020). This known pathway clearly depicts a systemic issue—one that warrants attention and remediation. This poster provides background information on the disparities that exist for LGBTQ+ youth …
Burden Of The Bargain: Ineffective Assistance Of Counsel Claims In The Absence Of A Plea Offer, Sriram H. Ramesh
Burden Of The Bargain: Ineffective Assistance Of Counsel Claims In The Absence Of A Plea Offer, Sriram H. Ramesh
Fordham Law Review
The modern criminal justice system in the United States is a “system of pleas.” Plea bargains have largely supplanted trials as the primary method of resolving criminal proceedings in this country. Acknowledging their prevalence, the U.S. Supreme Court has held that the Sixth Amendment right to effective assistance of counsel extends to the plea-bargaining process. Thus, defendants may bring ineffective assistance of counsel (IAC) claims for alleged ineffectiveness during the plea-bargaining phase.
In two companion cases, Missouri v. Frye and Lafler v. Cooper, the Court held that its two-pronged test for IAC, laid out in Strickland v. Washington, …
Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook
Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook
Journal of Law and Health
This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating …
The Right To Violence, Sean Hill
The Right To Violence, Sean Hill
Utah Law Review
Scholars have long contended that the state has a monopoly on the use of violence. This monopoly is considered essential for the state to assure the safety and security of its citizens. Whereas public officers have the broadest authority to deploy violence, in order to make arrests or to inflict punishment, private citizens allegedly have severe restrictions on their use of force. Specifically, the state is said to only authorize private violence when civilians face an imminent threat of unlawful force or when civilians are attempting to prevent a crime.
Yet the state explicitly authorized private violence against enslaved people …
Victor Hugo Was Right All Along: Les Misérables, The Tragedy Of A Punitive Parole System, And A Modern Path Forward, Sarah Gerwig
Victor Hugo Was Right All Along: Les Misérables, The Tragedy Of A Punitive Parole System, And A Modern Path Forward, Sarah Gerwig
Mercer Law Review
Les Misérables, Victor Hugo’s tragic novel, was published over 160 years ago and yet it continues to capture imaginations and sympathies worldwide. It was made into an award-winning film over a decade ago. But before that, Les Misérables was one of the most popular Broadway musicals ever produced, having been viewed by over sixty million people, even beyond the viewership of other popular renditions in film and television. Despite (or perhaps because of) its heartbreaking themes, audiences sympathize with the main characters’ quest for redemption. How easy, in the story, to see the struggles and barriers Jean Valjean encounters—and …
Sticks And Stones May Break My Bones, But Words Will Never Hurt Me. Or Will They? The Eleventh Circuit Expands The “Extreme Cruelty” Definition In 8 U.S.C. §1229b(B)(2) To Encompass Mental And Physical Abuse In Ruiz V. United States Attorney General, Sydnie N. Winter
Mercer Law Review
The Violence Against Women Act (VAWA), originally passed in 1994, was the first federal legislation acknowledging domestic violence as a crime. As part of this Act, Congress enacted 8 U.S.C. § 1229b(b)(2), a rule that allows battered spouses (or children) who are not citizens or nationals of the United States of America to seek the discretionary cancellation of the government’s removal of them from the country. The VAWA special-rule was enacted as a way to enable abuse victims to obtain discretionary deportation relief, allowing them to leave their abusers without fear of deportation or other immigration-related consequences. ...
The United …
Manufactured State Immigration Emergencies As State Vigilantism, Kate Huddleston
Manufactured State Immigration Emergencies As State Vigilantism, Kate Huddleston
Texas A&M Law Review
President Trump shattered norms when he declared a national emergency at the U.S.–Mexico border to build a border wall. State governors have now followed that lead in taking up what Justice Jackson, dissenting in Korematsu v. United States (1944), called the “loaded weapon” of emergency—doing so, like Trump, in the context of the border. Governors of Texas, Arizona, and Florida have all issued state declarations of emergency based on (1) migration, and (2) the Biden administration’s purported failure to engage in immigration enforcement. These state emergency declarations have not been studied or even identified in legal literature as a state …
What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber
What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo
UMKC Law Review
The idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not new. In 1947, the Judicial Conference of the United States met to make recommendations for the first diversion programs focusing on youthful offenders. Approximately fifteen years later, states began to explore diversion as an option for some adult lawbreakers.
The birth of diversion generated a novel approach to addressing criminal activity. However, before any individual could participate in a diversion program, law enforcement arrested the person which imposed a host …