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Criminal justice system

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Articles 31 - 60 of 144

Full-Text Articles in Law

Finding Time For Federal Habeas Corpus: Carey V. Saffold, Karen M. Marshall Jul 2015

Finding Time For Federal Habeas Corpus: Carey V. Saffold, Karen M. Marshall

Akron Law Review

This Note begins by looking at the history of the writ of habeas corpus in the United States. There is a brief overview of the background and history of the AEDPA, specifically targeting the changes the AEDPA made to the law of federal habeas corpus. Next, the habeas corpus procedure in California is reviewed. Finally, this Note explains the Supreme Court’s decision in Carey v. Saffold, focusing on the Court’s policy rationale and what the lack of support for habeas corpus means for the future of the writ.


Punitive Compensation, Cortney E. Lollar Jul 2015

Punitive Compensation, Cortney E. Lollar

Law Faculty Scholarly Articles

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 ...


Neuroscience And Juvenile Justice, Jay D. Aronson Jun 2015

Neuroscience And Juvenile Justice, Jay D. Aronson

Akron Law Review

Recent advances in the field of neuroscience, especially improved magnetic resonance imaging (MRI) techniques, are providing scientists and decision-makers with an increasingly complex understanding of how our brains develop from birth to adulthood. While these studies are still in their infancy, they have already made it clear that the brain typically continues to develop long after the point at which an individual becomes a legal adult (i.e., at age 18), and that the slow maturation process that plays out in the social context is mirrored by a slow maturation process at the neural level. Despite the tentative nature and ...


The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik Jun 2015

The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik

Akron Law Review

The time that has since passed allows for a more comprehensive evaluation of the cultural meaning of the Duke Rape case. This is the goal of the newly released “Institutional Failures,” which constitutes a point of departure for this review. The aim of this article is first to clarify the contribution this book makes to an understanding of the case. I will describe and analyze the content of the nine essays that make up the book; I will make reference to related works, and I will offer a concluding evaluation of the book’s likely impact.


Response To "The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System" By Dan Subotnik, Tracey Jean Boisseau Jun 2015

Response To "The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System" By Dan Subotnik, Tracey Jean Boisseau

Akron Law Review

There are all kinds of injustices in the world—unwarranted punishments and deprivations of liberty as well as undeserved material, psychological, and emotional injuries, inequities, and wrongs. False accusations provide the basis for one of the most poignant narratives of injustice because we have the sense that someone punished for a specific, discrete act that they did not commit is entirely innocent, not only of that discrete act but in some sort of existential sense of the word. ...Tragic irony is always compelling in a narrative, but, if one can identify with that falsely accused person, either because one shares ...


The Public Defender Crisis In America: Gideon, The War On Drugs And The Fight For Equality, William Lawrence May 2015

The Public Defender Crisis In America: Gideon, The War On Drugs And The Fight For Equality, William Lawrence

University of Miami Race & Social Justice Law Review

The role of the public defender in the United States is one that is often disparaged and widely misunderstood. This note will first attempt to illuminate the evolution of the public defender movement in the United States, detailing its rather quiet ascent to the forefront of the criminal justice system: from the early work of Clara Foltz, to the trial of Clarence Earl Gideon, and beyond. The note will also broach just a few of the many systemic issues faced by the modern day public defender, including the unfortunate perception of inferiority from both the general public and indigent defendants ...


A Criminal Justice System Without Justice: The News Media, Sports Media, & Rap‘S Influence On Racial Crime Disparities, "Jake" James Cullen Evans May 2015

A Criminal Justice System Without Justice: The News Media, Sports Media, & Rap‘S Influence On Racial Crime Disparities, "Jake" James Cullen Evans

University of Miami Race & Social Justice Law Review

No abstract provided.


What Is Criminal Restitution?, Cortney E. Lollar Jan 2015

What Is Criminal Restitution?, Cortney E. Lollar

Cortney Lollar

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a ...


Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon Jan 2015

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Books by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial ...


Criminal Law And Procedure: An Overview, Ronald J. Bacigal, Mary Kelly Tate Jan 2015

Criminal Law And Procedure: An Overview, Ronald J. Bacigal, Mary Kelly Tate

Law Faculty Publications

Although the specific tasks of criminal justice professionals vary, a fundamental knowledge of the substantive criminal law and the essence of criminal procedure is crucial to the performance of a criminal justice professional. In simplified form, the foundation for this specialized knowledge of the criminal justice system is the subject matter of this book.


Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen Nov 2014

Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.


What Is Criminal Restitution?, Cortney E. Lollar Nov 2014

What Is Criminal Restitution?, Cortney E. Lollar

Law Faculty Scholarly Articles

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a ...


The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin Sep 2014

The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin

LLM Theses

This paper argues that the principles articulated by the Supreme Court of Canada in R. v. Gladue and re-iterated in R. v. Ipeelee are being interpreted and implemented at the bail phase in a manner that exacerbates, rather than ameliorates the systemic failures of the criminal justice system in its dealings with Aboriginal people. Aboriginal people are grossly over-represented in Canadian prisons including those being detained in remand custody. It is now settled that the principles expressed in Gladue are applicable outside of the context of sentencing and in many jurisdictions have been found to be applicable to judicial interim ...


The Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond, Elizabeth N. Jones Sep 2014

The Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond, Elizabeth N. Jones

West Virginia Law Review

No abstract provided.


Making The Right Call For Confrontation At Felony Sentencing, Shaakirrah R. Sanders Apr 2014

Making The Right Call For Confrontation At Felony Sentencing, Shaakirrah R. Sanders

University of Michigan Journal of Law Reform

Felony sentencing courts have discretion to increase punishment based on un-cross-examined testimonial statements about several categories of uncharged, dismissed, or otherwise unproven criminal conduct. Denying defendants an opportunity to cross-examine these categories of sentencing evidence undermines a core principle of natural law as adopted in the Sixth Amendment: those accused of felony crimes have the right to confront adversarial witnesses. This Article contributes to the scholarship surrounding confrontation rights at felony sentencing by cautioning against continued adherence to the most historic Supreme Court case on this issue, Williams v. New York. This Article does so for reasons beyond the unacknowledged ...


One Less Juror: A Defendant's Right To Juror Substitution, Luzan Moore Mar 2014

One Less Juror: A Defendant's Right To Juror Substitution, Luzan Moore

Touro Law Review

No abstract provided.


Criminal Records, Race And Redemption, Michael Pinard Jan 2014

Criminal Records, Race And Redemption, Michael Pinard

Michael Pinard

Poor individuals of color disproportionately carry the weight of a criminal record. They confront an array of legal and non-legal barriers, the most prominent of which are housing and employment. Federal, State and local governments are implementing measures aimed at easing the everlasting impact of a criminal record. However, these measures, while laudable, fail to address the disconnection between individuals who believe they have moved past their interactions with the criminal justice system and the ways in which decision makers continue to judge them in the years and decades following those interactions. These issues are particularly pronounced for poor individuals ...


Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay Jan 2014

Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay

Faculty Scholarship

No abstract provided.


Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein Jan 2014

Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein

Scholarly Works

Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted ...


Dynamics Of The Courtroom Workgroup, Paige Chretien Jan 2014

Dynamics Of The Courtroom Workgroup, Paige Chretien

Honors Projects

The roles and responsibilities of the various members included in the courtroom workgroup were evaluated in determining the prevalence of ordinary injustices. The dynamics among such members were found to be the basis under which lax adversarialism, and ultimately injustice within the criminal justice system, dominates. Prosecutorial discretion and inadequate public defense systems were observed to compromise justice on several occasions.


Child Pornography And The Restitution Revolution, Cortney E. Lollar Apr 2013

Child Pornography And The Restitution Revolution, Cortney E. Lollar

Law Faculty Scholarly Articles

Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article offers the first critique of this restitution revolution. Traditional restitution is grounded in notions of unjust enrichment and seeks to restore the economic status quo between parties by requiring disgorgement of ill-gotten gains. The restitution being ordered in increasing numbers of child pornography cases does not serve this purpose. Instead, child pornography victims are receiving restitution simply for having their images viewed. This royalty-type approach ...


"Children Are Different": Implicit Bias, Rehabilitation, And The "New" Juvenile Jurisprudence, Robin Walker Sterling Apr 2013

"Children Are Different": Implicit Bias, Rehabilitation, And The "New" Juvenile Jurisprudence, Robin Walker Sterling

Loyola of Los Angeles Law Review

In several recent Supreme Court decisions, the Court has expanded the protections available to juvenile offenders in the criminal justice system, based on adolescent brain development research demonstrating that children merit different considerations than adults. This Article chronicles the Court’s recent juvenile justice decisions from Roper v. Simmons to Miller v. Alabama, tracing the Court’s increasing reliance on the “children are different” rationale. But despite this resurgence in expanded protection for adolescents, youths of color have historically been excluded from the “children are different” philosophy. Dating back to the early nineteenth century, youths of color were subjected to ...


Teaching Prison Law, Sharon Dolovich Mar 2013

Teaching Prison Law, Sharon Dolovich

Sharon Dolovich

To judge from the curriculum at most American law schools, the criminal justice process starts with the investigation of a crime and ends with a determination of guilt. But for many if not most defendants, the period from arrest to verdict (or plea) is only a preamble to an extended period under state control. It is during the administration of punishment that the state’s criminal justice power is at its zenith, and at this point that the laws constraining the exercise of that power become most crucial. Yet it is precisely at this point that the curriculum in most ...


Recidivism And Juvenile Offenders: The Role Of The Counselor, William C. Gordon Feb 2013

Recidivism And Juvenile Offenders: The Role Of The Counselor, William C. Gordon

Pepperdine Law Review

No abstract provided.


Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler Feb 2013

Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler

Pepperdine Law Review

There is a growing recognition that crime victims have identifiable interests of sufficient legitimacy and significance to justify expanding their role in criminal proceedings beyond that as a mere non-party witness. This article traces the history of the victim in society and suggests reforms which will help to place the crime victim back into a more meaningful position in the American criminal justice system. Comparisons are made between differing state, national, and international victim programs and the author provides some well-needed insight into the costs and benefits of implementing new ideas which would assist in redefining the role of the ...


Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes Feb 2013

Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes

Pepperdine Law Review

Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement ...


Victims' Perceptions Of Criminal Justice, Deborah P. Kelly Feb 2013

Victims' Perceptions Of Criminal Justice, Deborah P. Kelly

Pepperdine Law Review

This article considers the criminal justice system from the crime victim's perspective. Victims are the people behind crime statistics. They are the individuals who suffer the injuries inflicted by criminals and who reveal the existence of crime when they report it. Victims are the key to apprehending criminals and the justification for the state's subsequent prosecution, yet they are often the people we know least about.


The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson Feb 2013

The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson

Pepperdine Law Review

The failure of the present criminal justice system to provide meaningful participation for victims of crime has launched crime victim reform measures to the forefront of the legislative agenda. This article explores current reform measures and proposes new programs to increase the quantity of victims' rights and enhance the quality of victim involvement.


Criminal Records, Race And Redemption, Michael Pinard Jan 2013

Criminal Records, Race And Redemption, Michael Pinard

Faculty Scholarship

Poor individuals of color disproportionately carry the weight of a criminal record. They confront an array of legal and non-legal barriers, the most prominent of which are housing and employment. Federal, State and local governments are implementing measures aimed at easing the everlasting impact of a criminal record. However, these measures, while laudable, fail to address the disconnection between individuals who believe they have moved past their interactions with the criminal justice system and the ways in which decision makers continue to judge them in the years and decades following those interactions. These issues are particularly pronounced for poor individuals ...


The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt Jan 2013

The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt

Faculty Scholarship

This draft analyzes the birth and emergence of the idea of the “criminal justice system” in the 1960s and the fundamentally transformative effect that the idea of a “system” has had in the area of criminal law and criminal procedure. The manuscript develops a critique of the systems analytic approach to legal and policy decision making. It then discusses how that critique relates to the broader area of public policy and contemporary cost-benefit analysis.

The draft identifies what it calls “the systems fallacy” or the central problem with approaching policy questions from a systems analytic approach: namely, the hidden normative ...