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You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino Aug 2016

You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino

University of Miami Race & Social Justice Law Review

No abstract provided.


Punitive Compensation, Cortney E. Lollar Jul 2016

Punitive Compensation, Cortney E. Lollar

Cortney Lollar

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses ...


The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey Jun 2016

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.


The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski May 2016

The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski

Reports

Studying the Irish Constitutional Law, requires the understanding of how the Irish Political System was evolved. Montesquieu's tripartite system, adopted by the Republic of Ireland is the judiciary[1] has a particular place in the Irish Constitution in articles 34 - 37[2].

The main purpose of this essay is to analyse the balance between the jurisdiction of the Irish Courts in the protection of the constitutional rights of a person accused of a crime and the functioning of the criminal justice system in protecting Society`s general interest. The first section presents a brief summary of the courts functions ...


From Slavery To Hip-Hop: Punishing Black Speech And What’S “Unconstitutional” About Prosecuting Young Black Men Through Art, Donald F. Tibbs, Shelly Chauncey Jan 2016

From Slavery To Hip-Hop: Punishing Black Speech And What’S “Unconstitutional” About Prosecuting Young Black Men Through Art, Donald F. Tibbs, Shelly Chauncey

Washington University Journal of Law & Policy

This Article, by Professor Donald F. Tibbs and third-year law student Shelly Chauncey, both from the Thomas R. Kline School of Law at Drexel University, addresses the disproportionate targeting and convictions of the African American community through the lens of the “hip-hop” generation. Tibbs and Chauncey show how the prosecutorial use of rap videos and lyrics serves to criminalize Black males within the larger context of policing Black speech in American law. The authors argue that this process is rooted in racial bias toward young Black men and serves no legitimate place in their prosecution.