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2018

Courts

Articles 1 - 9 of 9

Full-Text Articles in Social and Behavioral Sciences

Prosecutorial Misconduct: Typologies And Need For Policy Reform, Rylee Broyles, Tamara J. Lynn Dec 2018

Prosecutorial Misconduct: Typologies And Need For Policy Reform, Rylee Broyles, Tamara J. Lynn

Academic Leadership Journal in Student Research

A gross manifestation of injustice within the criminal justice system, warranting policy development to correct, is the issue of prosecutorial misconduct. There are numerous reasons why misconduct occurs and oftentimes overlooked within the courts. Action must be taken to both prevent and rectify such wrongdoings committed by those whom are presumed to be the most virtuous of our justice system. Future policy action is paramount to the constitutionality of criminal proceedings and the abatement of prosecutorial misconduct in every capacity. The implementation of austere policies would positively impact all criminal defendants whom cross the threshold of a courthouse.

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Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang Oct 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in …

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Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2018

Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

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What Makes A Good Judge?, Brian M. Barry Jun 2018

What Makes A Good Judge?, Brian M. Barry

Reports

This article overviews research demonstrating the factors beyond the law that can affect judicial decision-making.

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Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao Jun 2018

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years …

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Patriarchy And The Structure Of Employment In Criminal Justice: Differences In The Experiences Of Men And Women Working In The Legal Profession, Corrections, And Law Enforcement, Candice Batton, Emily M. Wright Apr 2018

Patriarchy And The Structure Of Employment In Criminal Justice: Differences In The Experiences Of Men And Women Working In The Legal Profession, Corrections, And Law Enforcement, Candice Batton, Emily M. Wright

Criminology and Criminal Justice Faculty Publications

Feminist scholars have long argued that patriarchy affects the structure and organization of society as well as the lived experiences of men and women. Although often referenced in discussions of gender differences in crime and justice, few have articulated more specifically the link between patriarchy and gender differences in the experiences of men and women as victims, offenders, or workers. We take up the challenge to theorize patriarchy and examine the extent to which it operates as an organizing principle with regard to employment in the criminal justice system. We consider differences in the representation of men and women working …

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Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique Jan 2018

Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique

Scripps Senior Theses

Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without …

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Perceptions Of Justice : Views Of Jailed Defendants On Procedural And Distributive Justice, Kirstin Anne Morgan Jan 2018

Perceptions Of Justice : Views Of Jailed Defendants On Procedural And Distributive Justice, Kirstin Anne Morgan

Legacy Theses & Dissertations (2009 - 2024)

The current study examines defendant perceptions of their recent experiences in one of two criminal courts in an urban-suburban county. Forty-three interviews were conducted with jail sentenced participants, during which they were asked about the perceived fairness of the case process and outcomes, as well as their relationship with their defense attorney for the case. This study was undertaken to answer four research questions: 1) Are the concepts of procedural and distributive justice related from the defendant perspective? 2) Are perceptions of procedural justice related to satisfaction with case outcomes? 3) Are perceptions of procedural justice related to satisfaction with …

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Doctrinal Reasoning As A Disruptive Practice, Jessie Allen Jan 2018

Doctrinal Reasoning As A Disruptive Practice, Jessie Allen

Articles

Legal doctrine is generally thought to contribute to legal decision making only to the extent it determines substantive results. Yet in many cases, the available authorities are indeterminate. I propose a different model for how doctrinal reasoning might contribute to judicial decisions. Drawing on performance theory and psychological studies of readers, I argue that judges’ engagement with formal legal doctrine might have self-disrupting effects like those performers experience when they adopt uncharacteristic behaviors. Such disruptive effects would not explain how judges ultimately select, or should select, legal results. But they might help legal decision makers to set aside subjective biases.

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