In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, 2016 Streetwise and Safe
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.
Brendan M. Conner
The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...
Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, 2016 Elon University School of Law
Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich
Michael L Rich
At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when ...
The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Ali Reza Najariyan, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi
ali reza najariyan
Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in terms of the ...
Privately Failing: Recidivism In Public And Private Prisons, 2015 Willamette University
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 ...
Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, 2015 University of Denver Sturm College of Law
Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway
Prior to the Supreme Court’s 2004 decision in case of Crawford v. Washington, a prosecutor could pursue a domestic violence case and introduce the prior accusatory testimonial statement of the victim even where the victim refused to appear at trial, declined to testify at trial, retracted a prior statement made to police, or claimed lack of memory as to the events described in her prior statement if: 1) the victim was unavailable, and 2) the statement bore ‘adequate indicia of reliability’ as indicated by falling within a ‘firmly rooted hearsay exception’, or satisfied ‘particularized guarantees of trustworthiness’. Ohio v ...
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., 2015 St. Mary's School of Law, Texas
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.
Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, 2015 University of Washington - Seattle Campus
Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami
In Afghanistan, overflow of court dockets and lengthy trials persist despite recent reforms effected through a new Criminal Procedure Code. The new Code has solved some of the problems that existed prior to its ratification; however, it has failed to establish adequate trial avoidance procedures. This problem is further compounded by the dissatisfaction of parties with trial outcomes. This article suggests that Afghanistan could address both issues by adopting a mechanism similar to German Absprachen as an appropriate case disposing procedure, enabling party consensus, helping courts decrease their dockets, and reducing the length of trials. This analysis is not only ...
The Sentencing Legacy Of The Special Court For Sierra Leone, 2015 Griffith Law School, Griffith University
The Sentencing Legacy Of The Special Court For Sierra Leone, Shahram Dana
Georgia Journal of International & Comparative Law
No abstract provided.
43. Rush, E.B., Stolzenberg, S.N., Quas, J.A., & Lyon, T.D. (In Press). The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology., 2015 University of Southern California
43. Rush, E.B., Stolzenberg, S.N., Quas, J.A., & Lyon, T.D. (In Press). The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology., Thomas D. Lyon
Thomas D. Lyon
Purpose: This study examined the effects of the putative confession (telling the child that an adult “told me everything that happened and he wants you to tell the truth”) on children’s disclosure of a minor transgression after questioning by their parents. Methods: Children (N = 188; 4 – 7-year-olds) played with a confederate, and while doing so, for half of the children, toys broke. Parents then questioned their children about what occurred, and half of the parents were given additional scripted suggestive questions. Finally, children completed a mock forensic investigative interview. Results: Children given the putative confession were 1.6 times ...
Summary Of Barral V. State, 131 Nev. Adv. Op. 52 (July 23, 2015), 2015 Nevada Law Journal
Summary Of Barral V. State, 131 Nev. Adv. Op. 52 (July 23, 2015), Aleem Dhalla
Nevada Supreme Court Summaries
Defendant Dustin James Barral was convicted of two counts of sexual assault with a minor under 14 years of age by a jury. The Supreme Court of Nevada held that the trial court committed a structural error by failing to administer an oath or affrimation to the jury panel prior to commencing voir dire. This error required reversal and a new trial.
10. Lawrence, J.A., Levin, D. B., Brady, K.L., Jhai, M., & Lyon, T.D. (In Press). Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner. Psychology, Public Policy, & Law., 2015 University of Southern California
10. Lawrence, J.A., Levin, D. B., Brady, K.L., Jhai, M., & Lyon, T.D. (In Press). Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner. Psychology, Public Policy, & Law., Thomas D. Lyon
Thomas D. Lyon
“Testimonial” statements are inadmissible against criminal defendants under the Confrontation Clause unless the declarant was subject to cross-examination. Statements are testimonial if the primary purpose of the speaker and the interrogator was to create an out-of-court substitute for trial testimony. Ohio v. Clark (2015) considered whether a 3-year-old’s disclosure of abuse to his teacher is testimonial. This brief surveyed case law, statutory law, and psychological and criminological research in arguing that it is not. First, young children do not appreciate that their disclosures may be used at trial, because they do not fully understand the legal system. Furthermore, many ...
Police Fatally Tase Another Georgian, 2015 University of Georgia School of Law
Police Fatally Tase Another Georgian, Donald E. Wilkes Jr.
This article looks at the most recent taser fatality in Georgia.
The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, 2015 Pace University School of Law
The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez
Pace International Law Review
This Note examines the evolution of El Salvador’s existing penal code, specifically focusing on the abortion legislation. Further, it examines the significance of The Case of Beatriz and it suggests reform for El Salvador’s government to include exceptions in their penal code, similar to exceptions available in the United States, to provide women with access to safe abortions in extreme circumstances. Part II will illustrate the struggle that women face in El Salvador. Part III will briefly explore the historical background of the current Penal Code, exclusively the abortion ban. Part IV will also discuss women’s rights ...
Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek
Pace International Law Review
The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).
This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case ...
A Dire Need For Legislative Reform, 2015 Pace University School of Law
A Dire Need For Legislative Reform, Patrick Dowdle
Pace International Law Review
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a ...
Representation By Counsel Or Access To Defense Resources: Utah’S Single Source Approach To Indigent Defense, 2015 University of Alabama School of Law
Representation By Counsel Or Access To Defense Resources: Utah’S Single Source Approach To Indigent Defense, John P. Gross
Washington and Lee Law Review Online
The State of Utah has a unique way of providing representation in criminal cases to defendants who are too poor to hire an attorney. In Utah, there is no statewide funding or supervision of indigent defense. Each county, city, or town is responsible for creating and funding their own indigent defense delivery system. Utah is one of only two states in the United States—Pennsylvania is the other—that fails to provide state funding or oversight of indigent defense. But what makes Utah truly unique is the way in which counties and municipalities are required to structure their indigent defense ...
Limiting Leukophobia: Looking Beyond Lockup. Debunking The Strategy Of Turning White Collars Orange, Jared J. Hight
Jared J Hight
The legal and political landscape of the past 30 years has resulted in the abandonment of the utilitarian principle of parsimony as applied to white collar criminals. In response to preceding decades of minor punishments meted out for serious white collar crimes, the Federal Sentencing Commission abandoned the typical past practices of sentencing judges and instead formulated Guidelines that are wildly excessive and no longer balance the need for community safety with the need for that same community to remain economically efficient. The guiding principles of deterrence, rehabilitation, and incapacitation have been deemphasized in a new model that focuses primarily ...
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
Cornell Law Library Prize for Exemplary Student Research Papers
Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students ...
Do We Know How To Punish?, 2015 U.S. Dept. of Labor
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 ...
Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, 2015 Touro College Jacob D. Fuchsberg Law Center
Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho
Touro Law Review
No abstract provided.