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The Grand Jury's Role In The Prosecution Of Unjustified Police Killings - Challenges And Solutions, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

One of the most profound tests of trust in a society is when the state must be relied upon to hold itself accountable for violating the rights of the governed. Nowhere is this more true than in the context of the prosecution of law enforcement officers for unjustified violence against civilians. The reasons for this are twofold. First, it should go without saying that police perform a vital - and extremely difficult and dangerous - function, and bravely serve as the prophylactic between civil society and complete chaos. As President Obama recently wrote, "[p]olice officers are the heroic backbone of …

Aba Criminal Justice Section Task Force On College Due Process Rights And Victim Protections: Recommendations For Colleges And Universities In Resolving Allegations Of Campus Sexual Misconduct, Brenda V. Smith, Andrew S. Boutros, Tamara Rice Lave, Pamela J. Bernard, Caroline Bettinger-Lopez, Robert M. Cary, Laura L. Dunn, Cynthia P. Garrett, Marcos E. Hasbun, Janet P. Judge, Bridget M. Maricich, Robin Rachel Runge, Lauren Schoenthaler, Mary P. Koss, Elise Lopez, Patrice Payne

Articles in Law Reviews & Other Academic Journals

The Executive Committee of the ABA Criminal Justice Section commissioned the Task Force on College Due Process Rights and Victim Protections in November 2016. Immediately after, extensive efforts were made to find members that represented all interested parties: victims, the accused, universities, other stakeholders, and national experts. The Task Force was fully constituted in the winter of 2017, and it ended up including two voting members who were originally liaisons from the ABA Commission on Domestic and Sexual Violence and the ABA Section of Civil Rights and Social Justice. This elevation was made in recognition of their significant contributions.

Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster

Articles in Law Reviews & Other Academic Journals

For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The “blood antiquities” excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive.

A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …

A New Balance Of Evils: Prosecutorial Misconduct, Iqbal, And The End Of Absolute Immunity, Mark Niles

Articles in Law Reviews & Other Academic Journals

Criminal prosecutors wield immense power in the criminal justice system. While the majority of prosecutors exercise this power in a professional manner, there is compelling evidence of a serious and growing problem ofprosecutorial misconduct in this country. Although much prosecutorial misconduct results in the violation of the constitutional and other legal rights of criminal defendants, prosecutors arep rotectedfrom any liability arisingf rom these violations in all but the most exceptional cases by the defense of absolute immunity. The US. Supreme Court has justified the application ofabsolute prosecutorial immunity, in part, by noting that other means of incentivizing appropriate prosecutorial conduct …

Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

In at least two recent cases, courts have rejected service providers' capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular thirdparty litigant could not. In the situations presented by the recent cases, by …

Informed Misdemeanor Sentencing, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

There is no such thing as a low-stakes misdemeanor. The misdemeanor sentence itself, which can range from time served to up to twelve years in some jurisdictions, is often significant. But the collateral consequences of such a conviction can be far worse, affecting a person’s work and home lives for decades, and sometimes for the rest of their lives. As a result of misdemeanor convictions, defendants can be fired from their jobs, barred from future employment in many fields, deported, evicted from public housing together with their entire family, and refused housing by private landlords.

Under most theories of punishment, …

The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo

Articles in Law Reviews & Other Academic Journals

For fifty years, the core problem that gave rise to Miranda – namely, the coercive pressure of custodial interrogation – has remained largely unchanged. This article proposes bringing Miranda into the twenty-first century by developing a “Miranda App” to replace the existing, human Miranda warnings and waiver process with a digital, scripted computer program of videos, text, and comprehension assessments. The Miranda App would provide constitutionally adequate warnings, clarifying answers, contextual information, and age-appropriate instruction to suspects before interrogation. Designed by legal scholars, validated by social science experts, and tested by police, the Miranda App would address several decades of …

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.