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Full-Text Articles in Law

Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos Dec 2017

Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos

Maine Law Review

Every individual in our society needs confidence in our criminal justice system to know that one cannot be convicted of a crime unless a fact finder is convinced of every necessary element with the highest assurances of the truth. The process of establishing facts in a criminal trial is highly dependent upon how decision-making power is allocated between the judge and the jury and upon the fairness of that allocation. This Note discusses the areas of confession law and burdens of proof in the context of how federal criminal constitutional doctrines that affect the fact-finding process offer less than clear ...


Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran Aug 2017

Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran

21st Century Social Justice

This report conceptualizes the effectiveness and benefits of utilizing the restorative justice model of Victim Offender Mediation (VOM) within the criminal and juvenile justice systems to serve the rights of victims, offenders, and society more justly. Victim Offender Mediation is discussed as a possible alternative justice model which reframes the victim-offender relationship to foster and respect the dignity and worth of each participant. This restorative justice model combats victims’ feelings of helplessness by giving them back their voice, while having the potential to specifically offer relief to those secondarily victimized by the legal system in cases of simple rape. Offenders ...


The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe Jul 2017

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Cleveland State Law Review

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of ...


Jury Consideration Of Parole, Fernand N. Dutile Mar 2017

Jury Consideration Of Parole, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.


The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen Dec 2016

The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen

Mathilde Cohen

In France as elsewhere, prosecutors and their offices are seldom seen as agents of democracy. A distinct theoretical framework is itself missing to conceptualize the prosecutorial function in democratic states committed to the rule of law. What makes prosecutors democratically legitimate? Can they be made accountable to the public? Combining democratic theory with original qualitative empirical data, my hypothesis is that in the French context, prosecutors’ professional status and identity as judges determines to a great extent whether and how they can be considered democratic figures.
 
The French judicial function is defined more broadly than in the United States, encompassing ...