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Articles 1 - 30 of 2247
Full-Text Articles in Law
“[T]Here Appears To Be Intentional Discrimination In The Panel”: The Case For Abolishing Peremptory Challenges In Georgia, Ariane Williams
“[T]Here Appears To Be Intentional Discrimination In The Panel”: The Case For Abolishing Peremptory Challenges In Georgia, Ariane Williams
Georgia Criminal Law Review
In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court attempted to prevent peremptory strikes motivated by race. However, evidence and jurisprudence since Batson have indicated that the Court did not succeed. Furthermore, peremptory strikes perpetuate racial imbalance in juries and erode public faith in an unbiased legal system, as seen in reactions to the recent McMichael-Bryant trial in Georgia, in which only one black juror was seated. Given the longstanding and intractable issues with peremptory challenges, the Arizona Supreme Court decided to eliminate them entirely in 2021. This Article argues that Georgia should follow suit and abolish …
Answering The Call From Victims Of Dating Violence: Georgia’S New Dating Violence Law, Sydney K. Parish
Answering The Call From Victims Of Dating Violence: Georgia’S New Dating Violence Law, Sydney K. Parish
Georgia Criminal Law Review
Dating violence is a topic that has garnered increased awareness in recent days, both in the media and in the legal field. Many states have begun to pass legislation in attempt to address this issue and provide relief for victims of dating violence. In the summer of 2021, the state of Georgia passed House Bill 231, what later became known as Georgia’s Dating Violence law. This Article first examines our nation’s history of intimate partner violence to show why dating violence legislation was so desperately needed and how these legislative reforms have attempted to heal a system that for so …
The Death Dignity Demands: The Eighth Amendment Requires Incarcerated People Decide Their Method Of Execution, Kali A. Haney
The Death Dignity Demands: The Eighth Amendment Requires Incarcerated People Decide Their Method Of Execution, Kali A. Haney
Georgia Criminal Law Review
Recently, there have been a number of incarcerated people on death-row challenging their method of execution and proposing an alternative: usually, firing squad. Courts are hesitant to grant this request for a number of reasons, including the rare use of the firing squad. But there is substantial evidence this method is the most humane. Additionally, it appears incarcerated people think so, which is why so many in recent years chose—or petitioned for—death by firing squad rather than lethal injection or electrocution. As pharmaceutical companies halt their drugs’ distribution to prisons, prisons are forced to come up with their own—often more …
The Use Of Oral Fluid Samples To Test For Driving Under The Influence Of Marijuana, Ian Wise
The Use Of Oral Fluid Samples To Test For Driving Under The Influence Of Marijuana, Ian Wise
Georgia Criminal Law Review
Driving Under the Influence of Drugs (DUID) cases pose unique challenges to the criminal justice system. An evidentiary chemical test is a vital piece of evidence in a DUID prosecution because unlike alcohol, drugs do not cause impairment in a uniform fashion. Breath tests cannot detect drugs, and the intrusiveness of blood and urine tests has been the focus of Court cases over the past half-century with decisions in Missouri v. McNeely and Birchfield v. North Dakota curtailing the government’s ability to obtain this evidence without a warrant.
The need for a less intrusive alternative is driven by the doubling …
Protecting Our Nation’S Children In The Technological Age: Arguing For An Interpretation Of “Sexual Activity” In 18 U.S.C. § 2422(B) That Does Not Require Physical Contact, Allison Fine
Georgia Criminal Law Review
Our Nation’s justice system values “equal protection under the law.” This represents the belief that all individuals should be treated equally under the law regardless of personal characteristics. Traditionally, we think about this in a context of things like race, gender, or ethnicity. However, this also encompasses the general idea that individuals nationwide should be accountable to and protected by the same laws. As it relates to criminal law, this notion highlights the importance of uniformity in a criminal justice system. Without consistent application and execution, a criminal justice system will never be fair or “equal.”
The federal child enticement …
Purpose’S Purposes: Culpability, Liberty, Legal Wrongs, And Accomplice Mens Rea, Kevin Cole
Purpose’S Purposes: Culpability, Liberty, Legal Wrongs, And Accomplice Mens Rea, Kevin Cole
Georgia Criminal Law Review
The federal mens rea for accomplice liability—important in its own right and also as an example to the states—is unsettled. Three cases from the just completed Supreme Court term hint (somewhat surprisingly) at various directions the justices might take. This essay examines the cases with a particular focus on the alternative explanations that might be given for the traditional requirement of purposeful facilitation for accomplice liability. The purpose requirement is contestable so long as it is justified in terms of a narrow conception of culpability. It is better understood as serving a liberty-enhancing function. The liberty focus clarifies difficult questions …
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
West Virginia Law Review
Unprecedented criminal prosecutions for medical errors have increased throughout the nation: A Tennessee nurse was charged with reckless homicide for an isolated medication error; two South Carolina nurses were charged with criminal neglect for failing to change a wound dressing for just two days; and an Ohio pharmacist was charged with involuntary manslaughter for failing to detect that a solution contained too much sodium. Introducing criminal charges for cases of typical medical malpractice, which are most often the result of system failures, will dismantle hospitals’ error-reporting systems and lead to long-term catastrophic results for patient safety. This Note applies system …
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Pace International Law Review
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …
Criminal Caselaw Notebook 2024, Hon. Ronald Kessler
Criminal Caselaw Notebook 2024, Hon. Ronald Kessler
Washington State Books
This publication from King County Superior Court judge Ronald Kessler is updated semi-annually and is distributed free of charge. It includes citations to Washington state case law on a variety of criminal law topics.
Long History Of Leniency? A Call For A Georgia Statutory Mitigation Factor For Veterans With Post-Traumatic Stress Disorder, Jonathan Fagundes
Long History Of Leniency? A Call For A Georgia Statutory Mitigation Factor For Veterans With Post-Traumatic Stress Disorder, Jonathan Fagundes
Georgia Law Review
In Georgia, criminal sentencing marks a critical period for convicted defendants. As the final moment before the superior court fashions a punishment, the defendant faces a pivotal opportunity to introduce mitigating evidence, including evidence of mental health challenges, life circumstances, and other facts. Where such evidence is offered, the superior court can properly issue a sentence that aligns with the purposes of punishment or other state policies. But some populations, especially veterans convicted of nonviolent offenses, are exposed to unique stressors that likely affect their culpability. The existing sentencing regime, however, does not guarantee that this mitigating evidence will even …
Imperfect Insanity And Diminished Responsibility, Lea Johnston
Imperfect Insanity And Diminished Responsibility, Lea Johnston
UF Law Faculty Publications
Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness.
This Article proposes a generic partial excuse of Diminished Responsibility from Mental Disability, to be asserted as an affirmative defense at the …
Bad Attempts, Andrew Jensen Kerr
Bad Attempts, Andrew Jensen Kerr
Emory Law Journal Online
We assume that legal concepts are generic and indifferent to facts. But bad attempts at crime (something always unlawful) and bad attempts at art (something almost always lawful) are potentially treated very differently in many U.S. jurisdictions. Surprisingly, the bad attempt at art might be more likely to result in punishment. I draw on notions of capacity and responsibility to suggest why the amateur rapper should be excused for genuine aesthetic attempts that are perceived as threatening. In doing so, I comment on form and formalism in public law, and how principles of criminal law can help to maintain the …
When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler
When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler
Mitchell Hamline Law Review
No abstract provided.
Constitutional Right To A Fair Trial And Social Justice Influence, Kaitlyn Marchant
Constitutional Right To A Fair Trial And Social Justice Influence, Kaitlyn Marchant
Pace Law Review
This article evaluates the challenges that have arisen from the growth of social media and its influence on the right to the fair trial process in high-profile cases. Pretrial publicity through media exposure can bias potential jurors, potentially leading to decisions based on outside information rather than courtroom evidence. The article highlights the risks associated with jurors being exposed to external information through various media sources, which can significantly impact their objectivity and ability to make impartial judgments. It scrutinizes the limitations of the existing legal framework in addressing these challenges, including the reliance on jurors’ assurances of impartiality and …
Criminal Justice Interventions For Individuals With Mental Health Disabilities: A Systematic Literature Review, Fidelis Azeke, Nassrine Noureddine
Criminal Justice Interventions For Individuals With Mental Health Disabilities: A Systematic Literature Review, Fidelis Azeke, Nassrine Noureddine
Pacific Journal of Health
In the criminal law, with few exceptions, for a finding of guilt, the physical act and the state of mind to commit the offense must be present at the time of the commission of the offense. People with mental disabilities often lack the state of mind required to commit the offense for which they are eventually charged for and or convicted. This paper examines the effectiveness of some past and present criminal justice system interventions that addresses the mental health disabilities of criminal offenders pre-adjudicative proceedings. A systematic review of the literature was used to examine past and present criminal …
Preventing Undeserved Punishment, Marah Stith Mcleod
Preventing Undeserved Punishment, Marah Stith Mcleod
Notre Dame Law Review
Defendants should not be punished more than they deserve. Sentencing scholars describe this precept against undeserved punishment as a consensus norm in American law and culture. Yet America faces a plague of mass incarceration, and many sanctions seem clearly undeserved, often far exceeding an offender’s culpability or the seriousness of an offense. How can a society committed to desert as a limitation on legitimate sanctions allow such undeserved punishments?
Critics argue increasingly that our focus on what offenders deserve is itself part of the problem. They claim that the notion of desert is too amorphous, malleable, and arbitrary to limit …
The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
Notre Dame Law Review
After twenty years of operation, we know that the International Criminal Court (ICC) works in practice. But does it work in theory? A debate rages regarding the proper conceptualization of the Court’s jurisdiction. Some have argued that the ICC’s jurisdiction is little more than a delegation by states of a subset of their own criminal jurisdiction. They contend that when states ratify the Rome Statute, they transfer some of their own prescriptive or adjudicative criminal jurisdiction to the Court, meaning that the Court cannot do more than the state itself could have done. Moreover, they argue that these constraints are …
Rights Without Remedies: How The Illinois Post-Conviction Hearing Act’S Standing Requirement Has Failed Defendants, Nate Nieman
Rights Without Remedies: How The Illinois Post-Conviction Hearing Act’S Standing Requirement Has Failed Defendants, Nate Nieman
Northern Illinois University Law Review
The Illinois Post-Conviction Act is a procedural mechanism that allows a criminal defendant to assert that his federal or state constitutional rights were substantially violated during trial or at sentencing. The passage of the Act expanded a defendant’s ability to challenge his conviction and sentences collaterally, where before the Act, he had only been able to raise these challenges on direct appeal. However, the Act’s strict standing requirement precludes defendants from relief once they have completed their sentence, ignoring the fact that many important, life-altering civil consequences resulting from criminal convictions occur after a sentence has concluded.
This Article argues …
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Pepperdine Law Review
Plea bargaining often begins very early in a criminal case—sometimes before the preliminary hearing, or “prelim,” is held. Be-cause of the time, effort, and risk involved in holding a prelim, the prosecutor may make the defendant a prelim waiver offer. That is, if the defendant agrees to waive the prelim, the prosecutor will hold a particular plea offer open for the defendant’s future consideration. Such prelim waiver offers may be skeletal, at best, but will often include the promise of “future negotiations” to fill in the details. When the prosecutor obtains the defendant’s prelim waiver for the promise of future …
After The Criminal Justice System, Benjamin Levin
After The Criminal Justice System, Benjamin Levin
Washington Law Review
Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the “criminal legal system,” the “criminal punishment system,” the “prison industrial complex,” and so on. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or does an emphasis on labels and language distract from substantive engagement with the injustices …
The Mob Lawyer's Constitution, Sara Mayeux
The Mob Lawyer's Constitution, Sara Mayeux
Vanderbilt Law School Faculty Publications
This article reconstructs the constitutional rhetoric of mob lawyers, as well as drug lawyers and other icons of the high-priced criminal defense bar, from the 1970s through the 1990s-the heyday of federal organized crime prosecutions and thus, of the lawyers who defended against them. Drawing upon pop-culture sources including archival television footage, magazine features, newspaper coverage, and ghost-written mass-market memoirs, the article pieces together the constellation of soundbites through which mob lawyers disseminated their views. As the subjects of frequent media coverage, these lawyers advanced a coherent and distinctive (if crude) set of ideas about the proper relationship between individuals, …
The Trouble With Time Served, Kimberly Ferzan
The Trouble With Time Served, Kimberly Ferzan
All Faculty Scholarship
Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …
Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander
Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander
Vanderbilt Law School Faculty Publications
Most court data are maintained--and most empirical court research is conducted--from the institutional vantage point of the courts. Using the case as the common unit of measurement, data-driven court research typically focuses on metrics such as the size of court dockets, the speed of case processing, judicial decision-making within cases, and the frequency of case events occurring within or resulting from the court system.
This Article sets forth a methodological framework for reconceptualizing and restructuring court data as "people-first"-centered not on the perspective of courts as institutions but on the people who interact with the court system. We reorganize case-level …
Easy Victims Of The Law: Protecting The Constitutional Rights Of Juvenile Suspects To Prevent False Confessions, Tayler Klinkbeil
Easy Victims Of The Law: Protecting The Constitutional Rights Of Juvenile Suspects To Prevent False Confessions, Tayler Klinkbeil
Child and Family Law Journal
The inherently coercive nature of custodial interrogation is the very reason the Supreme Court handed down the famous Miranda v. Arizona decision; the court recognized the increased vulnerability that suspects under questioning are subjected to when placed in a situation designed to elicit incriminating information.1 Legal scholars and judiciaries alike agree that the likelihood of police questioning resulting in a false admission of guilt or self-incriminating statements is disproportionately more probable if the subject of the questioning is a minor.2 The constitutional protections that are afforded to juvenile suspects subjected to custodial interrogations are those set out in …
The Effects Of Adverse Childhood Experiences On The Future Of Our Youth, Patrick Cobb
The Effects Of Adverse Childhood Experiences On The Future Of Our Youth, Patrick Cobb
Child and Family Law Journal
22.3 percent.1 This is the percentage of the population of the United States under the age of 18. These three words should come to mind: growth, family, and safety. Unfortunately, just because these words come to mind, does not mean these are a reality for our youth. The Adverse Childhood Experience (ACEs) study explores our youth’s mental, emotional, and social well-being across a wide sample with some disturbing results.
As we de-code what exactly ACEs entails, we can learn to predict, diagnose, and ultimately prevent negative environments our youth are involved in. Prioritizing these prevention efforts can eventually lead …
Racializing Algorithms, Jessica M. Eaglin
Racializing Algorithms, Jessica M. Eaglin
Articles by Maurer Faculty
There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …
The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux
The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux
Senior Honors Papers / Undergraduate Theses
The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …
Crossfire In The Crosshairs: Why Prosecutions Are Necessary In The Interests Of The Republic, Christopher J. Boosey
Crossfire In The Crosshairs: Why Prosecutions Are Necessary In The Interests Of The Republic, Christopher J. Boosey
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli
State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli
Journal of Civil Rights and Economic Development
(Excerpt)
“There’s something you need to know about me . . . I am dead,” said Fraidy Reiss, a survivor of an abusive forced marriage, as she stood alone on a stage, speaking to a crowd. “I know what you’re thinking, [I don’t] look particularly dead . . . you might want to tell that to my family [because] they declared me dead almost thirteen years ago.”
Reiss, who founded the organization Unchained at Last to help forced marriage victims like herself, grew up in an ultra-Orthodox Jewish community in Brooklyn. Right after finishing high school, Reiss was asked to …
Comment: Instilling Ordered Procedure In Assessing Motions For Reduced Sentences Under Section 404 Of The First Step Act, Michael C. Vega
Comment: Instilling Ordered Procedure In Assessing Motions For Reduced Sentences Under Section 404 Of The First Step Act, Michael C. Vega
Northern Illinois University Law Review
This Comment discusses the lack of ordered procedure in assessing motions brought pursuant to § 404 of the First Step Act of 2018. For nearly a quarter century, federal cocaine sentencing subjected crack-cocaine offenses dealing in one-hundredth the quantity of drug to the same statutory penalty as powder-cocaine offenses. This disparate treatment of drug offenses impacted primarily African Americans. The Fair Sentencing Act of 2010 reduced the disparity but applied only prospectively. Section 404 of the First Step Act made certain provisions of the Fair Sentencing Act retroactive. In the ensuing years, the federal courts have disagreed on the precise …