Criminal Procedure Commons^™

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 …

Israel, Palestine And The Icc., Maria Isidora Thomas

Maria A Thomas Mrs

Academic Research with Professor Maximo Langer about the recent incorporation of Palestine to the ICC and the possible effects on its relations with Israel and the ongoing conflict.

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, …

Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.

Surabhi Chopra Prof.

DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA

This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.

I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …

"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia

Sergio Garcia

Abstract: Title 8 U.S.C. § 1326(a) makes it a crime for a previously deported alien to be “found in” the United States without the Attorney General’s consent. There is, however, a conflict among the circuits over whether an illegal alien is “found in” the United States for purposes of § 1326 when he voluntarily travels to a port of entry and is detained there by immigration authorities while he is seeking to leave the country. The circuit courts bordering Mexico and Canada disagree on this issue as a matter of law, as well as a matter of Congressional intent. This …

Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk

Gary J Kowaluk

Little is as frustrating as advocating the release of an innocent defendant who has been wrongfully convicted. Surprisingly, most of the wrongfully convicted fail to overturn their cases through the courts, and rely on government officials and prosecutor’s to find other ways to release them from custody. Too often the wrongful conviction process leaves lawyers and judges arguing to legally support injustices in the face of a practical common sense indicating a defendant’s innocence. This paper is an attempt to understand the tendency of legal professionals to argue against remedying a wrongful conviction in favor of the continued social injustice …

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

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

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

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 …

Reconsidering Federal And State Obstacles To Human Trafficking Victim Status And Entitlements, Amanda J. Peters

Amanda J Peters

Federal and state anti-trafficking laws describe the victim in the process of criminalizing the act of human trafficking. Nearly half of all states adopt the federal definition of victim, which requires proof of forced, defrauded or coerced labor, whereas the other half narrows this definition thereby limiting the number of victims qualifying for state victims services. Using this definition, victims must prove their status before they can access victim entitlements. Even when victims prove their status, they may be denied traditional crime victim benefits like restitution and Crime Victim Compensation funds. In this way, their victim status may be rendered …

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 work, A Theory of …

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.

Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing

Ira K Rushing

With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions. This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on …

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

Public Interest Law Reporter

No abstract provided.

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

Public Interest Law Reporter

No abstract provided.

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

Public Interest Law Reporter

No abstract provided.

Coop Businesses: Ownership For The Disowned, Tyler Gurss

Public Interest Law Reporter

No abstract provided.

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

Public Interest Law Reporter

No abstract provided.

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

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

Public Interest Law Reporter

No abstract provided.

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

Public Interest Law Reporter

No abstract provided.

State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang

Public Interest Law Reporter

No abstract provided.