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Articles 1 - 22 of 22
Full-Text Articles in Law
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
There is near-universal agreement that the engine of the modern American criminal justice system is plea bargaining.'Given the ubiquity of plea bargaining, the Supreme Court and the rest of the legal community have begun setting their sights on how the practice might be better regulated. At the same time, many hold the view that the grand jury has outlived its usefulness in the administration of criminal justice and is a relic of a time gone by. Even before recent calls for the abolition of the grand jury in the wake of high-profile cases that seemed to cast the institution in …
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Reports
Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required …
Is That A Kielbasa In Your Pocket? Applying A Hybrid Standard To The Federal Bank Robbery Act When Bank Robbers Wield Objects As Weapons During A Bank Robbery, Cory A. Hutchens
Is That A Kielbasa In Your Pocket? Applying A Hybrid Standard To The Federal Bank Robbery Act When Bank Robbers Wield Objects As Weapons During A Bank Robbery, Cory A. Hutchens
American University Law Review
No abstract provided.
Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi
Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi
Reports
The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to …
Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates The International Covenant On Civil And Political Rights, Layla Medina
American University International Law Review
No abstract provided.
Talking Foreign Policy: The Iran Nuclear Accord, Paul Williams, Milena Sterio, Avidan Cover, Mike Newton
Talking Foreign Policy: The Iran Nuclear Accord, Paul Williams, Milena Sterio, Avidan Cover, Mike Newton
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Death Penalty And Mental Illness In International Human Rights Law, Richard Wilson
The Death Penalty And Mental Illness In International Human Rights Law, Richard Wilson
Articles in Law Reviews & Other Academic Journals
Introduction: This symposium primarily focuses on the extraordinary legal and personal saga of one man, Joe Giarratano, his decades-long heroic struggle to overturn his death sentence and, ultimately, to obtain his release and exoneration. Prior to the conference, my only acquaintance with the Giarratano case was the decision in Murray v. Giarratanol-the U.S. Supreme Court decision holding that the Sixth Amendment right to appointed counsel does not extend to the post-conviction stages of death penalty litigation. The symposium provided a much broader perspective on the saga of Joe Giarratano, whose own legal skills parallel those of the many lawyers involved …
From The Editors, Kieley Sutton
What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels
What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels
Criminal Law Practitioner
No abstract provided.
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Criminal Law Practitioner
No abstract provided.
Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy
Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy
Criminal Law Practitioner
No abstract provided.
On The Effects And History Of Stand-Your-Ground Laws, E. Dimitri Hasandras
On The Effects And History Of Stand-Your-Ground Laws, E. Dimitri Hasandras
Criminal Law Practitioner
No abstract provided.
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
Contributions to Books
No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …
State-Enabled Crimes, Rebecca Hamilton
State-Enabled Crimes, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …
What Is "Colonial" About Colonial Laws?, Arudra Barra
What Is "Colonial" About Colonial Laws?, Arudra Barra
American University International Law Review
No abstract provided.
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Training For Bargaining, Jenny M. Roberts, Ronald F. Wright
Training For Bargaining, Jenny M. Roberts, Ronald F. Wright
Articles in Law Reviews & Other Academic Journals
While plea bargaining dominates the practice of criminal law, preparation for trial remains central to defense attorneys’ training. Negotiation is still peripheral to that training. Defense lawyers enter practice with little exposure to negotiation techniques and strategies in the plea bargaining context, the most significant skills they use every day.
Empirical research on plea negotiations has concentrated on outcomes of negotiations rather than the process itself. Our multi-phase field study examines the negotiation techniques that attorneys use during plea bargaining, as well as their preparation and training for negotiation. This Article explores the data on the training aspects of our …
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican
The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican
Criminal Law Practitioner
No abstract provided.
Ohio V. Clark: The Primary Purpose Of The Mandatory Reporting Provisions & Child Testimonial Statement In Relation To The Confrontation Clause, Eun Jin Kim
Criminal Law Practitioner
No abstract provided.
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Criminal Law Practitioner
No abstract provided.
Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann
Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann
Criminal Law Practitioner
No abstract provided.