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A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock 2018 University of Southern California Law

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Emily Ryo

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.


Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren 2018 University of North Carolina School of Law

Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren

DePaul Journal for Social Justice

No abstract provided.


Children's Conversational Memory Regarding A Minor Transgression And A Subsequent Interview, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2018 Arizona State University

Children's Conversational Memory Regarding A Minor Transgression And A Subsequent Interview, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s memories for their conversations are commonly explored in child abuse cases. In two studies, we examined conversational recall in 154 4- to 9-year-old children’s reports of an interaction with a stranger, some of whom were complicit in a transgression and were admonished to keep it a secret. Immediately afterwards, all children were interviewed about their interaction. One week later, children were asked recall questions about their interaction with the stranger, their conversations with the stranger, and their conversations with the interviewer. Overall, interaction recall questions elicited few details about children’s conversations, whereas conversation recall questions were ...


Hubbard (Cory) V. State, 134 Nev. Adv. Op. 54 (Aug. 2, 2018) (En Banc), Matthew J. McKissick 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hubbard (Cory) V. State, 134 Nev. Adv. Op. 54 (Aug. 2, 2018) (En Banc), Matthew J. Mckissick

Nevada Supreme Court Summaries

The Court held that intent is automatically at issue for specific-intent crimes. Therefore, criminal defendants need not place intent or absence of mistake at issue before the State seeks to admit prior act evidence if the evidence is relevant to prove an essential element of the offense (i.e., intent for the crime of burglary). However, prior act evidence may still be inadmissible where its minimal probative value is substantially outweighed by the risk of unfair prejudice.


Rippo V. State, 134 Nev. Adv. Op. 53 (Aug. 2, 2018) (En Banc), Shady Sirsy 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Rippo V. State, 134 Nev. Adv. Op. 53 (Aug. 2, 2018) (En Banc), Shady Sirsy

Nevada Supreme Court Summaries

The Court held that the appellant’s petition challenging his conviction for two first-degree murders and death sentences was both untimely and successive. Further, it affirmed the district court’s denial of the appellant’s petition as procedurally barred and determined that Rippo did not show good cause and prejudice to excuse the procedural bars to his petition. The United States Supreme Court vacated the Court’s opinion and remanded for further proceedings, reasoning that the Court applied the wrong legal standard as to Rippo’s judicial bias claim. On reconsideration, the Court held that an evidentiary hearing was required ...


Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson 2018 University of St. Thomas

Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson

Georgia State University Law Review

This Article proposes that policy makers should consider establishing their jurisdiction’s crime laboratories as government corporations independent of law enforcement as a means of improving their quality and efficiency. Simply building new buildings or seeking accreditation will not solve the endemic problems that crime laboratories have faced. Rather, we propose that crime laboratories be restructured with a new organizational framework comparable to the Houston Forensic Science Center's (HFSC) status as a local government corporation (LGC), which has proven to be conducive to creating a new institutional culture.

From our experience with the HFSC, we also believe that crime ...


The Overdose/Homicide Epidemic, Valena E. Beety 2018 West Virginia University College of Law

The Overdose/Homicide Epidemic, Valena E. Beety

Georgia State University Law Review

This Article explores the lack of regulation of coroners, concerns within the forensic science community on the reliability of coroner determinations, and ultimately, how elected laypeople serving as coroners may influence the rise in drug-induced homicide prosecutions in the midst of the opioid epidemic.

This Article proposes that the manner of death determination contributes to overdoses being differently prosecuted; that coroners in rural counties are more likely to determine the manner of death for an illicit substance overdose is homicide; and that coroners are provided with insufficient training on interacting with the criminal justice system, particularly on overdose deaths. Death ...


Safety From Flawed Forensic Sciences Evidence, Boaz Sangero 2018 Academic Center of Law & Business, Israel

Safety From Flawed Forensic Sciences Evidence, Boaz Sangero

Georgia State University Law Review

This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system ...


Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu 2018 The Washington Post

Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu

Georgia State University Law Review

This transcript is a reproduction of the Keynote Address by Spencer Hsu at the 2017–2018 Georgia State University Law Review Symposium — From the Crime Scene to the Court room: The Future of Forensic Science Reform — on April 6, 2018.

Spencer Hsu is an investigative reporter at the Washington Post, a two-time Pulitzer Prize finalist, and a national Emmy Award nominee.


Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown 2018 Southern Center for Human Rights

Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown

Georgia State University Law Review

Sophisticated scientific evidence may be an undesirable subject matter for a judge to tackle anew, and it can be even more daunting for a defense attorney to confront, particularly one faced with a crushing caseload. It can be tempting to avoid a challenge to a vulnerable forensic science discipline—be it new, novel, or simply recently called into question—when a lawyer reasonably believes that the evidence will be admitted regardless.

Worse still, it may seem reasonable to disregard any adversarial challenge to incriminatory science altogether, and to opt instead for a different defense or to encourage a guilty plea ...


The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman 2018 American Civil Liberties Union

The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman

Georgia State University Law Review

As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.

This Article aims to add to that discussion by setting ...


The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole McCartney, Emmanuel N. Amoako 2018 Northumbria Law School

The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako

Georgia State University Law Review

The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.

The introduction of a regulator was intended to establish quality standards for all forensic science providers ...


Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino 2018 Georgia State University College of Law

Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino

Georgia State University Law Review

Algorithms saturate our lives today; from curated song lists to recommending “friends” and news feeds, they factor into some of the most human aspects of decision-making, tapping into preferences based on an ever-growing amount of data. Regardless of whether the algorithm pertains to routing you around traffic jams or finding your next dinner, there is little regulation and even less transparency regarding just how these algorithms work. Paralleling this societal adoption, the criminal justice system now employs algorithms in some of the most important aspects of investigation and decision-making.

The lack of oversight is abundantly apparent in the criminal justice ...


A Discouraging Omen: A Critical Evaluation Of The Approved Uniform Language For Testimony And Reports For The Forensic Latent Print Discipline, Simon A. Cole 2018 University of California, Irvine

A Discouraging Omen: A Critical Evaluation Of The Approved Uniform Language For Testimony And Reports For The Forensic Latent Print Discipline, Simon A. Cole

Georgia State University Law Review

The theme of the 2018 Georgia State University Law Review symposium is the Future of Forensic Science Reform. In this Article, I will assess the prospects for reform through a critical evaluation of a document published in February 2018 by the United States Department of Justice (DOJ), the Approved Uniform Language for Testimony and Reports for the Forensic Latent Print Discipline (ULTR).

I argue that this document provides reason to be concerned about the prospects of forensic science reform. In Part I, I discuss the background of the ULTR. In Part II, I undertake a critical evaluation of the ULTR ...


The Judicial Admission Of Faulty Scientific Expert Evidence Informing Wrongful Convictions, Alexandra CC Derwin 2018 University of Manitoba

The Judicial Admission Of Faulty Scientific Expert Evidence Informing Wrongful Convictions, Alexandra Cc Derwin

Western Journal of Legal Studies

The failure of a judge to properly conduct a voir dire to ensure an expert is sufficiently qualified to give evidence in a particular area may give rise to a wrongful conviction. Considering Recommendation 130 from the Goudge Inquiry, that “trial judges should be vigilant in exercising their gatekeeping role with respect to the admissibility of [expert] evidence”, it is essential to examine recent shortcomings of judicial vigilance in admitting expert evidence and to consider how to remedy similar errors in future cases.

The major shortcoming of judicial gatekeepers in admitting expert evidence is the improper application of case law ...


Straddling The Liminal Space Section 810.01(3) Recognizance: Preventative Justice Or Preventing Justice, Rebecca L. Louis 2018 McGill University Faculty of Law

Straddling The Liminal Space Section 810.01(3) Recognizance: Preventative Justice Or Preventing Justice, Rebecca L. Louis

Western Journal of Legal Studies

This paper inquires into the constitutionality of the section 810.01 "fear of terrorism" offence that was introduced into the Criminal Code under the Anti-Terrorism Act, 2015 amendments. Ordinarily, criminal justice and sentencing intersect at the punishment of offenders for crimes they have committed. However, post 9/11, in reaction to the fear of terrorism, the focus has shifted from punishing past crimes to crime prevention. That is, certain preventative measures may be imposed in the absence of a charge, trial or conviction. Arguably, the power to detain or control the movements of persons without charging them challenges the so-called ...


The Journey To Universal Legal Aid: Protecting The Criminally Accuseds' Charter Rights By Introducing A Public Defender System To Ontario, Benjamin D. Schnell 2018 Western University

The Journey To Universal Legal Aid: Protecting The Criminally Accuseds' Charter Rights By Introducing A Public Defender System To Ontario, Benjamin D. Schnell

Western Journal of Legal Studies

There is a significant gap between the demand for legal aid and Legal Aid Ontario (LAO)'s ability to fulfill that demand, meaning that there is a sizeable percentage of the population who, when facing criminal charges, neither qualify for legal aid nor can afford legal representation. This has the effect of denying the accused their Charter protected right to a fair trial and their ability to make full answer and defence, as studies show that a self-represented accused faces significant barriers at trial leading to negative outcomes. The few mechanisms available to help assist a self- represented accused with ...


Cooper V. State, 134 Nev. 52 (July 26, 2018) (En Banc), Xheni Ristani 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Cooper V. State, 134 Nev. 52 (July 26, 2018) (En Banc), Xheni Ristani

Nevada Supreme Court Summaries

The Court invoked its supervisory powers and adopted a rule of admissibility to limit the use of a probationer’s testimony in a subsequent criminal proceeding.


"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich 2018 Selected Works

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through ...


The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie 2018 Florida International University College of Law

The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie

Megan A. Fairlie

Recent amendments to the Rules of Procedure and Evidence for the International Criminal Court (“ICC”) give Trial Chambers the discretion to admit unexamined, party-generated witness statements in lieu of live testimony. The use of this evidence—which undermines the right of confrontation and prevents the judges from independently assessing witness credibility—is now a hotly contested issue in each of the Court’s ongoing trials. As ICC judges grapple with the thorny question of how to implement these new provisions without undermining the right to a fair trial, this Article, which is the first to examine the rule amendments and ...


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