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Hofstra Law Review

Laws

2013

Articles 1 - 3 of 3

Full-Text Articles in Law

Asocial Media: Cops, Gangs, And The Internet, James R. O'Connor Jan 2013

Asocial Media: Cops, Gangs, And The Internet, James R. O'Connor

Hofstra Law Review

Criminal street gangs are not a new phenomenon in America, but recent developments in technology and social interactions have changed the game -- gangs are increasingly using social media to accomplish gang objectives and commit crimes. This is no secret to law enforcement. In fact, police departments and prosecutors regularly use the Internet and social media networks to obtain incriminating evidence against gang members -- evidence that is often ruled admissible in court. Although the majority of the information seized in these investigations is highly personal and profoundly private, the details of the government’s specific data-collection and data-storage practices remain …


Deconstructing Antisocial Personality Disorder And Psychopathy: A Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean D. O'Brien Jan 2013

Deconstructing Antisocial Personality Disorder And Psychopathy: A Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean D. O'Brien

Hofstra Law Review

Prejudicial psychiatric labels such as antisocial personality disorder and psychopathy have an inherently prejudicial effect on courts and juries, particularly in cases involving the death penalty. This article explains how and why these labels are inherently aggravating, and also discusses the mental health literature indicating that they are subjective, unreliable and non-scientific. The authors conclude that no competent defense lawyer would pursue a mitigation case based on such a damaging and scientifically questionable psychiatric label. Further, a proper life history investigation conducted in accordance with the ABA Guidelines on the Appointment and Performance of Defense Counsel in Death Penalty Cases …


In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown Jan 2013

In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown

Hofstra Law Review

The article discusses the reported efforts to facilitate the reunification of children and parents through religion as of 2014, focusing on terminations of parental rights in America and U.S. state laws regarding Sharia law and international law. The legal rights of Muslims in America are mentioned, along with the U.S. Constitution's Establishment Clause and an alleged Anti-Sharia Movement in the U.S. America's foster care system and the best interest of the child legal standard are examined.