Allard School of Law at the University of British Columbia
Northwestern Pritzker School of Law
University of Miami School of Law
University of British Columbia and Canadian Institute for Advanced Research
Santa Clara University School of Law
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality,
2023
University of Baltimore School of Law
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler
Washington and Lee Journal of Civil Rights and Social Justice
Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …
The Court And Capital Punishment On Different Paths: Abolition In Waiting,
2023
Harvard Law School
The Court And Capital Punishment On Different Paths: Abolition In Waiting, Carol S. Steiker, Jordan M. Steiker
Washington and Lee Journal of Civil Rights and Social Justice
The American death penalty finds itself in an unusual position. On the ground, the practice is weaker than at any other time in our history. Eleven jurisdictions have abandoned the death penalty over the past fifteen years, almost doubling the number of states without the punishment (twenty-three). Executions have declined substantially, totaling twenty-five or fewer a year nationwide for the past six years, compared to an average of seventy-seven a year during the six-year span around the millennium (1997-2002). Most tellingly, death sentences have fallen off a cliff, with fewer the fifty death sentences a year nationwide over the past …
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options,
2023
rbonnie@virginia.edu
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options, Richard J. Bonnie
Washington and Lee Journal of Civil Rights and Social Justice
In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme Court’s ruling banning execution of persons with intellectual disability and to consider an analogous ban against imposing the death penalty on defendants with severe mental disorders. The Task Force established formal links with the American Psychological Association, the American Psychiatric Association, and the National Alliance on Mental Illness and the final report was approved by the ABA and the participating organizations in 2005 and 2006. This brief article focuses primarily on diminished responsibility at the time …
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer,
2023
Washington and Lee University School of Law
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer, David I. Bruck
Washington and Lee Journal of Civil Rights and Social Justice
This talk was given by Professor David Bruck for the Frances Lewis Law Center at Washington and Lee University School of Law, April, 2002. It is a follow-up to “Does the Death Penalty Matter?,” given by Professor Bruck as the 1990 Ralph E. Shikes Lecture at Harvard Law School.
The Architecture Of Discretion: Implications Of The Structure Of Sanctions For Racial Disparities, Severity, And Net Widening,
2023
Northwestern Pritzker School of Law
The Architecture Of Discretion: Implications Of The Structure Of Sanctions For Racial Disparities, Severity, And Net Widening, Ryan T. Sakoda
Northwestern University Law Review
About four million people are serving a term of probation, parole, or post-release supervision in the United States. Due to the extensive use of incarceration as a punishment for conditions violations, these community supervision programs are a major factor contributing to mass incarceration and, as this Article shows, can play a significant role in exacerbating racial disparities in the criminal legal system.
In recent years, jurisdictions throughout the United States have made reforms to their community supervision programs. A major trend in community supervision reform is the integration of new sanctioning structures, such as “swift and certain” sanctions, for conditions …
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective,
2023
Northwestern Pritzker School of Law
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod
Northwestern University Law Review
Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation with prosecutors make that choice. This Article—the first empirical study of the defense experience of cooperation—begins to address that gap. The Article reports the results of a survey completed by 146 criminal defense attorneys in three federal districts: the Southern District of New York, the Eastern District …
Elderly Or Disabled Registered Sex Offenders: Are They Experiencing Cruel And Unusual Punishment Under Ohio Sex Offender Classification And Registration Laws?,
2023
University of Cincinnati College of Law
Elderly Or Disabled Registered Sex Offenders: Are They Experiencing Cruel And Unusual Punishment Under Ohio Sex Offender Classification And Registration Laws?, Susana Tolentino
University of Cincinnati Law Review
No abstract provided.
We[Ed] The People: How A Broader Interpretation Of The Rohrabacher-Farr Amendment Effectuates The Changing Social Policy Surrounding Medical Marijuana,
2023
University of Cincinnati College of Law
We[Ed] The People: How A Broader Interpretation Of The Rohrabacher-Farr Amendment Effectuates The Changing Social Policy Surrounding Medical Marijuana, Tess A. Chaffee
University of Cincinnati Law Review
No abstract provided.
Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery,
2023
West Virginia University College of Law
Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy
West Virginia Law Review
The abduction enhancement applied to the crime of robbery is inherently ambiguous; the enhancement reads, “‘abducted’ means that a victim was forced to accompany an offender to a different location.” The lack of a clear definition for “location” has caused a split within the federal circuits, with some circuits interpreting “location” as position and others interpreting “location” as place. This has caused disproportionate sentences for similar criminal conduct within separate circuits, creating the need for a more uniform interpretation of the sentencing enhancement for abduction.
This Note builds upon the work of David J. Sandefer and proposes two additional factors …
Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence,
2023
University of Windsor
Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence, Danardo S. Jones
Dalhousie Law Journal
This article takes as a starting point the claim that anti-Black racism permeates Canadian society and finds expression in our institutions, most notably the criminal justice system. Indeed, anti-Black racism in criminal justice and its impact on Black lives are not credibly in dispute. Thus, what should concern legal scholars is the staying power or permanence of racism. In other words, should Canadian legal scholars ‘get real’ about the intractability of race? Or can anti-Black racism be effectively confronted by developing legal and evidentiary tools designed to fix, rather than dismantle, the current system? Put another way, this article aims …
Indigenous Self-Government And Criminal Law: The Path Towards Concurrent Jurisdiction In Canada,
2023
Schulich School of Law, Dalhousie University
Indigenous Self-Government And Criminal Law: The Path Towards Concurrent Jurisdiction In Canada, Michael Michel
Dalhousie Law Journal
The past few decades have seen an increase in culturally responsive policies and programs aimed at ameliorating the hardship and disadvantage faced by Indigenous peoples in the Canadian criminal justice system. These policies and programs, however, operate within a criminal justice system that consistently fails Indigenous peoples. What has yet to be tried is a nation-to-nation approach to criminal law jurisdiction where Indigenous peoples have legislative authority to enact and administer their own criminal laws. This paper shows that Indigenous jurisdiction over criminal law is possible within Canada’s constitutional framework.
In Part I, I outline the current state of Indigenous …
Malware, A Device Under The 1988 Sua Convention,
2023
U.S. Naval War College
Malware, A Device Under The 1988 Sua Convention, Michael Petta
International Law Studies
In 1988 the International Maritime Organization modernized international law in response to a vexing problem of the time—maritime terrorism. Before then, not all violent crimes against vessels amounted to piracy and therefore many maritime criminals escaped justice. To close this gap and facilitate the prosecution of those who endanger navigation, IMO member States enacted the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. More than three decades later, the 1988 SUA Convention may be useful to address a more modern problem—cyberattacks against commercial vessels. The 1988 treaty prohibits various acts against shipping, including the …
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population,
2023
William & Mary Law School
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin
Popular Media
No abstract provided.
First Amendment Speech Protections In A Post-Dobbs World: Providing Instruction On Instructional Speech,
2023
Fordham University School of Law
First Amendment Speech Protections In A Post-Dobbs World: Providing Instruction On Instructional Speech, Samantha Mitchell
Fordham Law Review
In its June 2022 opinion, Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, thus revoking the constitutional right to abortion. As states continue to pass laws outlawing abortion to varying degrees, not only has Dobbs led to uncertainty for medical professionals and those who might want to seek an abortion, but it has also prompted questions for internet users across the world. May an organization or an individual post instructions on the internet regarding how to obtain an abortion if a resident of a …
Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023,
2023
University of the District of Columbia
Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick
Congressional Testimony
No abstract provided.
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023,
2023
University of the District of Columbia
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick
Congressional Testimony
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice,
2023
University of the District of Columbia
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick
Congressional Testimony
No abstract provided.
The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations,
2023
Assistant Professor in the Criminal Law Department School of Law, Kuwait University
The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.
UAEU Law Journal
terrestrial environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.
However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly …
Substantive Criminal Protection Of Scientific Journals From Phishing: A Comparative Study,
2023
University of Sultan Qaboos
Substantive Criminal Protection Of Scientific Journals From Phishing: A Comparative Study, Omar Abdul Majid Mosbih Dr.
UAEU Law Journal
The Academic sector faces many threats relating to ensuring its quality including the spread out of phishing for scientific journals done by cyber criminals with the aim of collecting money through the activities of researchers.
Academic phishing is considered one of the most noticed activities in the field of electronic publishing, especially in the use of knowledge at the electronic environment and the use of information circulation via the internet technology.
However, there are negative effects resulting from electronic phishing of scientific journals. Such effects represented in the loss of the academic work done by the researchers or that of …
Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19,
2023
University of Arkansas, Fayetteville
Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19, Sydney Mcconnell
Arkansas Law Review
A prison sentence should “not include incurring a great and unforeseen risk of severe illness or death.” But for the 2.3 million people housed in our nation’s prisons and jails during the COVID-19 (“COVID”) pandemic, their sentences have included just that. Since the beginning of the pandemic, the Bureau of Prisons has transferred approximately 49,068 inmates to home confinement. The decision to expand home confinement is an important one. It is a step in the right direction to address another broader, and distinctly American, issue: mass incarceration. Lawmakers on both sides of the political aisle have reached the consensus “that …
