Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bail (1)
- Children (1)
- Constitutional law (1)
- Courts (1)
- Criminal justice (1)
-
- Criminal procedure (1)
- Disaggregating (1)
- Discrimination (1)
- Due Process (1)
- Eighth Amendment (1)
- Federal Rules of Criminal Procedure (1)
- Ferguson (1)
- Grand jury (1)
- Guilty pleas (1)
- Habeas petitions (1)
- Judgment (1)
- Juveniles (1)
- Magwood v. Patterson (1)
- Police shootings (1)
- Pretrial detention (1)
- Prisons (1)
- Prosecution (1)
- Race (1)
- Recidivism (1)
- Right to counsel (1)
- Section 2254 (1)
- Sixth Amendment (1)
- Youth (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
“New Judgment” And The Federal Habeas Statutes, Thomas V. Burch
“New Judgment” And The Federal Habeas Statutes, Thomas V. Burch
Scholarly Works
Prisoners love to file habeas petitions. Maybe a little too much. That is why Congress drafted the federal habeas statutes to preclude prisoners from filing “second or successive” petitions attacking their judgments. This essay explains the shortcomings of how some courts have assessed that meaning, and it proposes a straightforward test for determining when a new judgment exists.
The Downstream Consequences Of Misdemeanor Pretrial Detention, Paul Heaton, Sandra G. Mayson, Megan Stevenson
The Downstream Consequences Of Misdemeanor Pretrial Detention, Paul Heaton, Sandra G. Mayson, Megan Stevenson
Scholarly Works
In misdemeanor cases, pretrial detention poses a particular problem because it may induce innocent defendants to plead guilty in order to exit jail, potentially creating widespread error in case adjudication. While practitioners have long recognized this possibility, empirical evidence on the downstream impacts of pretrial detention on misdemeanor defendants and their cases remains limited. This Article uses detailed data on hundreds of thousands of misdemeanor cases resolved in Harris County, Texas—the thirdlargest county in the United States—to measure the effects of pretrial detention on case outcomes and future crime. We find that detained defendants are 25% more likely than similarly …
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook
Scholarly Works
According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward …
Decriminalizing Childhood, Andrea L. Dennis
Decriminalizing Childhood, Andrea L. Dennis
Scholarly Works
Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.
The …