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- Criminal Law and Procedure (30)
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- All Faculty Scholarship (90)
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Articles 31 - 60 of 363
Full-Text Articles in Criminal Procedure
Pretrial Detention And The Value Of Liberty, Megan Stevenson, Sandra G. Mayson
Pretrial Detention And The Value Of Liberty, Megan Stevenson, Sandra G. Mayson
All Faculty Scholarship
How dangerous must a person be to justify the state in locking her up for the greater good? The bail reform movement, which aspires to limit pretrial detention to the truly dangerous—and which has looked to algorithmic risk assessments to quantify danger—has brought this question to the fore. Constitutional doctrine authorizes pretrial detention when the government’s interest in safety “outweighs” an individual’s interest in liberty, but it does not specify how to balance these goods. If detaining ten presumptively innocent people for three months is projected to prevent one robbery, is it worth it?
This Article confronts the question of …
Victims’ Rights Revisited, Benjamin Levin
Victims’ Rights Revisited, Benjamin Levin
Scholarship@WashULaw
This Essay responds to Bennett Capers's article, "Against Prosecutors." I offer four critiques of Capers’s proposal to bring back private prosecutions: (A) that shifting power to victims still involves shifting power to the carceral state and away from defendants; (B) that defining the class of victims will pose numerous problems; C) that privatizing prosecution reinforces a troubling impulse to treat social problems at the individual level; and (D) broadly, that these critiques suggest that Capers has traded the pathologies of “public” law for the pathologies of “private” law. Further, I argue that the article reflects a new, left-leaning vision of …
Lemonade: A Racial Justice Reframing Of The Roberts Court’S Criminal Jurisprudence, Daniel S. Harawa
Lemonade: A Racial Justice Reframing Of The Roberts Court’S Criminal Jurisprudence, Daniel S. Harawa
Scholarship@WashULaw
The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court’s criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a racially subordinating criminalization system.
However, the Court has recently issued a series of decisions addressing racism in the criminal legal system: Buck v. Davis, Peña-Rodriguez v. Colorado, Timbs v. Indiana, Flowers v. Mississippi, and
Ramos v. Louisiana. On their face, the cases teach …
Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan
Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan
Georgia Journal of International & Comparative Law
No abstract provided.
Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib
Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib
Georgia Journal of International & Comparative Law
No abstract provided.
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Georgia Journal of International & Comparative Law
No abstract provided.
How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan
How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan
Georgia Journal of International & Comparative Law
No abstract provided.
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Georgia Journal of International & Comparative Law
No abstract provided.
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend
University Honors Theses
In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …
Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar
Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar
Dignity: A Journal of Analysis of Exploitation and Violence
Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
University of New Orleans Theses and Dissertations
No abstract provided.
U.S. Prisons And System Reform, Darian Reimels
U.S. Prisons And System Reform, Darian Reimels
English Department: Research for Change - Wicked Problems in Our World
Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …
The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley
The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley
Dickinson Law Review (2017-Present)
The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …
The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa
The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa
Dickinson Law Review (2017-Present)
Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …
Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul S. Heaton
Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul S. Heaton
All Faculty Scholarship
Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention.
This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the …
Japanese Criminal Justice: A Comparative Legal History Perspective, Koji Fujimoto
Japanese Criminal Justice: A Comparative Legal History Perspective, Koji Fujimoto
Japanese Society and Culture
The Carlos Ghosn case has focused the world’s attention on Japan’s criminal justice system. In particular, the system has been subject to intense criticism, condemning its reliance on confessions in investigation, and for proof of guilt. The investigative approach of using physical restraints on suspects and defendants to coerce confessions is critically referred to as “hostage justice”. While the Japanese Ministry of Justice and the Public Prosecutor’s Office have responded to such criticisms by arguing for the uniqueness of the legal system, the problematic nature of this aspect of Japanese criminal justice cannot be denied, as noted by past false …
Discrimination Against People Of Color In America’S Cash Bail System, Dolores Yanez
Discrimination Against People Of Color In America’S Cash Bail System, Dolores Yanez
University Honors Theses
The purpose of this thesis is to describe how the current bail system in America is discriminatory and unjust for people of color (POC). The American criminal justice system is represented as a system run by procedural justice, which entails government officials being genuinely concerned about the fairness and transparency of the process by which decisions are made. This presumes that every American will be treated with the same respect and dignity, and that they will be given the same opportunities regardless of their socioeconomic status, racial or ethnic backgrounds. America’s cash bail system and its impact on people of …
School Of Public Affairs 2020 Annual Report, Danae Swanson
School Of Public Affairs 2020 Annual Report, Danae Swanson
School of Public Affairs Annual Reports
The School of Public Affairs’ annual report presents a magazine-style look back at the school’s year. Contents include the stories and accomplishments of current students, alumni, faculty, and other community partnerships. It also celebrates the generous giving of donors. A limited amount of print copies are produced and mailed to constituents. Support and collaboration of the annual report is regularly given by University Communications, the St. Cloud State University Foundation, St. Cloud State University Alumni Relations, University Archives, and the Departments of Criminal Justice, Economics, Geography & Planning, and Political Science.
Note: The School of Public Affairs annual report evolved …
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi
Department of Justice Studies Faculty Scholarship and Creative Works
Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Faculty Scholarship
What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of …
Monitoring The Misdemeanor Bail Reform Consent Decree In Harris County, Texas, Brandon L. Garrett, Sandra Guerra Thompson
Monitoring The Misdemeanor Bail Reform Consent Decree In Harris County, Texas, Brandon L. Garrett, Sandra Guerra Thompson
Faculty Scholarship
No abstract provided.
Law Enforcement Organization Relationships With Prosecutors, Daniel C. Richman
Law Enforcement Organization Relationships With Prosecutors, Daniel C. Richman
Faculty Scholarship
Although police departments and prosecutor’s oces must closely collaborate, their organizational roles and networks, and the distinctive perspectives of their personnel, will inevitably and regularly lead to forceful dialogue and disruptive friction. Such friction can occasionally undermine thoughtful deliberation about public safety, the rule of law, and community values. Viewed more broadly, however, these interactions promote just such deliberation, which will become even healthier when the dialogue breaks out of the closed world of criminal justice bureaucracies and includes the public to which these bureaucracies are ultimately responsible. This chapter explores such organizational interactions and their value.
Fair Questions: A Call And Proposal For Using General Verdicts With Special Interrogatories To Prevent Biased And Unjust Convictions, Charles Eric Hintz
Fair Questions: A Call And Proposal For Using General Verdicts With Special Interrogatories To Prevent Biased And Unjust Convictions, Charles Eric Hintz
All Faculty Scholarship
Bias and other forms of logical corner-cutting are an unfortunate aspect of criminal jury deliberations. However, the preferred verdict system in the federal courts, the general verdict, does nothing to counter that. Rather, by forcing jurors into a simple binary choice — guilty or not guilty — the general verdict facilitates and encourages such flawed reasoning. Yet the federal courts continue to stick to the general verdict, ironically out of a concern that deviating from it will harm defendants by leading juries to convict.
This Essay calls for a change: expand the use of a special findings verdict, the general …
Ua12/8 Annual Campus Safety & Security Report, Wku Police
Ua12/8 Annual Campus Safety & Security Report, Wku Police
WKU Archives Records
A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks
Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks
All Faculty Scholarship
This Article presents a unique argument: police misconduct records should be accessible and applicable for pre-trial criminal proceedings. Unfortunately, the existing narrative on the value of police misconduct records is narrow because it exclusively considers how these records can be used to impeach officer credibility at trial. This focus is limiting for several reasons. First, it addresses too few defendants, since fewer than 3% of criminal cases make it to trial. Second, it overlooks misconduct records not directly addressing credibility—such as records demonstrating paperwork deficiencies, failures to appear in court, and “mistakes” that upon examination are patterns of abuse. Finally, …
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
All Graduate Theses, Dissertations, and Other Capstone Projects
In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …