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Articles 1 - 12 of 12
Full-Text Articles in Law
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Brooklyn Journal of International Law
For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …
Defense Counsel's Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts
Defense Counsel's Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts
Faculty Scholarship
No abstract provided.
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …
Foreword: The Role Of The “Victim” In The Criminal Legal System, Kate Mogulescu
Foreword: The Role Of The “Victim” In The Criminal Legal System, Kate Mogulescu
Brooklyn Law Review
On September 24, 2021, the Brooklyn Law Review brought together scholars looking at the role of the “victim” in the criminal legal system. Of consideration were the following questions: Who is labeled a victim and how does that impact outcomes and process? Where does the issue of victimization emerge, how is it received and what should the system’s response be? Who gets a voice? And when? Does the existing victim-offender binary further exacerbate a criminal legal system build on misogyny, xenophobia, and white supremacy? The series of articles and essays that make up this issue reflect the symposium’s multidimensional discussion …
Parole, Victim Impact Evidence, And Race, Alexis Karteron
Parole, Victim Impact Evidence, And Race, Alexis Karteron
Brooklyn Law Review
Parole offers the possibility of release for a substantial number of incarcerated people in the United States, the world’s largest jailer, but is seriously understudied. In particular, the role of victims and race in the parole decision-making process deserves attention. Decades of research has shown that the “race-of-victim effect” leads to more punitive sentences when white victimhood is at issue. In the parole context, the ubiquity of victim impact statements and the emotional responses they trigger raise the likelihood that the “race-of-victim effect” plagues parole decision-making as well. This essay calls for greater data collection and scrutiny into the role …
What Are Victim Impact Statements For?, Susan A. Bandes
What Are Victim Impact Statements For?, Susan A. Bandes
Brooklyn Law Review
In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …
Giving Meaning To The Apostrophe In Victim[’]S Rights, Margaret Garvin
Giving Meaning To The Apostrophe In Victim[’]S Rights, Margaret Garvin
Brooklyn Law Review
There is a lack of consistency in how courts interpret the use or placement of an apostrophe on “victim.” While this may seem like a minor grammatical or typological error, it has a tremendous effect on victim’s rights, as it virtually erases the victim due to the confusion over the ownership of said rights. This essay analyzes how the placement of the apostrophe, in cases dealing with subpoenas duces tecum, have led courts to interpret victim rights in multiple ways, but all with the same outcome—excluding the actual victim from consideration. This causes the actual victims, even when the court …
Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts
Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts
Brooklyn Law Review
A broad scholarly coalition supports the prohibition or diminution of the impeachment of criminal defendants with their convictions. Yet scholars should pay more attention to the flipside arrangement: impeachment of prosecution witnesses by defense counsel. First, because those engaged in reform efforts need to resolve the competing interests: constitutional arguments on behalf of the defense, but, on the other hand, concerns about a tool that (regardless of the nature of the witness) risks reinforcing biases and stereotypes. Second, because the impossibility of adequate resolution is itself important to note. Whether one considers the conflicting values of rule-makers deciding whether to …
Protecting The Constitution While Protecting Victims: Challenges To Pro Se Cross-Examination, Katharine L. Manning
Protecting The Constitution While Protecting Victims: Challenges To Pro Se Cross-Examination, Katharine L. Manning
Brooklyn Law Review
Defendants have constitutional rights to cross-examine witnesses and to represent themselves. But when these rights are combined, they can have devastating effects on crime victims. All too often, defendants use the rights in a last-ditch effort to harass, bully, and intimidate the crime’s victims, sometimes leading to a dismissal of charges altogether, as victims withdraw their testimony to avoid personal cross-examination by the defendant. It does not have to be this way. Numerous courts have allowed standby counsel to conduct cross-examination of the victim within constitutional constraints. This article explores the limitations courts have imposed on pro se cross-examination to …
The Color Of Justice, Alexis Hoag
Read Thyself, Alice Ristroph