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Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
Possible Reliance: Protecting Legally Innocent Johnson Claimants, Keagan Potts
Possible Reliance: Protecting Legally Innocent Johnson Claimants, Keagan Potts
Michigan Law Review
The writ of habeas corpus presents the last chance for innocent defendants to obtain relief from invalid convictions and sentences. The writ constitutes a limited exception to the finality of judgments. Given the role finality plays in conserving judicial resources and deterring criminal conduct, exceptions created by habeas must be principally circumscribed. Since the Supreme Court’s invalidation of the Armed Career Criminal Act’s residual clause in Johnson v. United States, the federal courts of appeals have attempted to develop a test that protects the writ from abuse by Johnson claimants.
This Note first contributes a new understanding of the …
America's Paper Prisons: The Second Chance Gap, Colleen Chien
America's Paper Prisons: The Second Chance Gap, Colleen Chien
Michigan Law Review
Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and …
The Law And Policy Of Child Maltreatment, Frank Vandervort
The Law And Policy Of Child Maltreatment, Frank Vandervort
Book Chapters
Each year in the United States some four million children are reported to child protective services and hundreds of thousands of children are confirmed victims of maltreatment. This chapter provides a brief overview of the civil and criminal law’s response to child abuse and neglect. It summarizes the major federal statutes that provide funding to the states to support both civil and criminal law responses to maltreatment. It discusses the division of responsible for responding to child maltreatment between the federal and state governments (federalism). It also provides a summary of the constitutional framework for handling both civil and criminal …