Law Commons^™

Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips

LLM Theses

This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke grassroots narratives grounded in experience. In order to better elucidate the relationship between legal and experiential discourses, the author compares recent legal discourse on sexual assault focusing on two Supreme Court of Canada decisions with women's own accounts of sexual violence, as presented in mainstream news media in the wake of the 2014 Jian Ghomeshi story. The findings, examined through the lens of feminist scholarship, support a view …

The Georgia Roundtable Discussion Model: Another Way To Approach Reforming Rape Laws, Andrea A. Curcio

Andrea A. Curcio

No abstract provided.

Book Review: Justice Is The Crime, James G. France

Akron Law Review

[R]eform suggestions are bold, sometimes to the point of brashness. Many of them are urgently needed, but few are new. They bear a curious resemblance to those offered by the National Conference on the Judiciary in its Concensus Report, and to some of the more recent reports and recommendations of state court studies, all financed by L.E.A.A. grants, some of them quite substantial. It is as if the real source of the proposals was in the Department of Justice in Washington, all for the benefit of the untutored provincials. These suggestions are of three types: Those which are untried and …

Newsroom: Horwitz On Ri Probation Reform, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Veteran Treatment Courts, Honorable Robert T. Russell

Touro Law Review

No abstract provided.

Sexually Exploited Youth: A View From The Bench, Honorable Fernando Camacho

Touro Law Review

No abstract provided.

Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho

Touro Law Review

No abstract provided.

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

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, not a defendant's …

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 unsettled …

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 similar …

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.

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

Richard Daniel Klein

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 …

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

University of Miami Race & Social Justice Law Review

No abstract provided.

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

Books & Book Chapters 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 …