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Articles 1 - 30 of 34
Full-Text Articles in Criminal Procedure
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan
Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan
Lee N Gilgan
This study would add to available research regarding recidivism rates following incarceration in private prisons in contrast to incarceration in government-run prisons. This is a non-experimental meta-analysis viewing numerous studies discussing the effects of multiple covariants within public and private prisons. Based on the information and conclusion in these studies, we find that there is little overall consensus concerning the effects of increased privatization on recidivism. While many studies find certain aspects of privatization to have some potential effect on recidivism, there are many other aspects that either are out of scope or have a negative effect on recidivism. However, …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Do We Know How To Punish?, Benjamin L. Apt
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
Michael P. Seng
No abstract provided.
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin
Kim D. Chanbonpin
This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack
Law School Blogs
No abstract provided.
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda
The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan
"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan
Public Interest Law Reporter
No abstract provided.
The Woes Of Roe: The Future Of Women's Reproductive Health In 2015, Victoria Dempsey
The Woes Of Roe: The Future Of Women's Reproductive Health In 2015, Victoria Dempsey
Public Interest Law Reporter
No abstract provided.
Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs
Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs
Public Interest Law Reporter
No abstract provided.
Coop Businesses: Ownership For The Disowned, Tyler Gurss
Coop Businesses: Ownership For The Disowned, Tyler Gurss
Public Interest Law Reporter
No abstract provided.
Does America Care About Mental Health Care?, Zainab Mehkeri
Does America Care About Mental Health Care?, Zainab Mehkeri
Public Interest Law Reporter
No abstract provided.
The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford
The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia
Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia
Public Interest Law Reporter
From the injunction on the President's Executive Action to expand the current immigration policies to the current language presidential candidates have used when speaking about immigration reform, immigrants have more than enough reasons to feel uneasy about their future in this country. All is not bad, however, especially for undocumented students. Cities like Chicago, a city of immigrants, are making great strides to create welcoming and supportive communities for immigrants. Compared to other U.S. cities, Chicago is very immigrant-friendly, with people working across the city to provide support for undocumented students and ensure that they have access to higher education. …
Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon
Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon
Public Interest Law Reporter
No abstract provided.
Lawyers Represent Clients ... Or Do They?, Alan Mills
Lawyers Represent Clients ... Or Do They?, Alan Mills
Public Interest Law Reporter
In most cases, lawyers file cases on behalf of clients. However, lawyers do not-get to make substantive decisions about the cases we work on; our clients do. Illinois Rule of Professional Conduct 1.2 makes this clear: [A] lawyer shall abide by a client's decisions concerning the objectives of representation and .. . Shall consult with the client as to the means by which they are to be pursued. But what happens in a class action lawsuit? Once a class is certified, lawyers represent both named plaintiffs and every member of the class. What happens when there is a conflict between …
Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez
Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez
Public Interest Law Reporter
No abstract provided.
State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang
State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang
Public Interest Law Reporter
No abstract provided.
Are The Sexual Assault Policies On Illinois College Campuses Procedurally Structured To Support The Reproductive Rights Of Female Victims?, Erika Weaver
Public Interest Law Reporter
No abstract provided.
Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond
Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond
Public Interest Law Reporter
No abstract provided.
Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy
Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy
Public Interest Law Reporter
No abstract provided.
Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos
Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos
Public Interest Law Reporter
No abstract provided.
How Chicago Is Criminalizing Homelessness, Anthony Wadas
How Chicago Is Criminalizing Homelessness, Anthony Wadas
Public Interest Law Reporter
Chicago passed an ordinance banning "aggressive panhandling," and the definition is rather broad, providing no clear definition of what constitutes "aggressive." The ordinance outright bans panhandling in certain locations, such as within ten feet of any CTA bus stop, "L" entrance, ATMs, or certain businesses including currency exchanges, banks, and outdoor cafes. Additionally, individuals are prohibited from soliciting people in vehicles for donations. Further, it prohibits soliciting in a manner that a reasonable person would find intimidating. Faced with these efforts to criminalize the homeless condition, individuals living on the streets face additional struggles when trying to escape poverty. People …
Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill
Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill
Public Interest Law Reporter
No abstract provided.
Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar
Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar
Public Interest Law Reporter
Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it "legal robbery," while law enforcement sees it as a tool to fight crime and supplement their budget. This article will examine civil asset forfeiture and its proceeds, emerging efforts for reform, and recent data and case law on civil asset forfeiture in Chicago.