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Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel 2017 University of Idaho College of Law

Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel

David Pimentel

Civil asset forfeiture is an extraordinarily powerful tool for law enforcement, allowing the seizure of assets without proof of wrongdoing, and with few safeguards in place to protect innocent owners. The incentives to overreach are powerful as police are usually able to keep whatever they seize for their own use. Federal reform in 2000 was largely ineffective to rein in the abuses, and with public outrage against the practice rising, states are starting to weigh in with reforms of their own. But this is a complex area of law, and the financial incentives to perpetuate it are powerful. Accordingly, many ...


A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose 2017 A Contrario International Criminal Law

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one ...


A Reform Long Overdue: Raising Virginia's Felony Grand Larceny Threshold, Bill Rice 2017 University of Richmond

A Reform Long Overdue: Raising Virginia's Felony Grand Larceny Threshold, Bill Rice

Richmond Public Interest Law Review

Virginia has one of the lowest felony grand larceny thresholds in the nation. This low threshold has not been adjusted with inflation since 1980 and, thus, results in a high number of felony convictions in the state today. This article examines the current debate surrounding Virginia’s felony grand larceny threshold and presents a remedy that will reasonably man- age the state’ s interests in preventing future larcenies while not unduly punishing citizens for committing minor crimes.


Thinking Inside The Box: Placing Form Over Function In The Application Of The Statutory Sentencing Procedure In State Of Maine V. Eugene Downs, Matthew E. Lane 2017 University of Maine School of Law

Thinking Inside The Box: Placing Form Over Function In The Application Of The Statutory Sentencing Procedure In State Of Maine V. Eugene Downs, Matthew E. Lane

Maine Law Review

In State v. Hewey, the Maine Supreme Judicial Court found that the sentencing court erred in imposing a sentence that exceeded the maximum applicable period of incarceration for a Class A crime and accordingly vacated the sentence. Perhaps more importantly, the Law Court used the case as an “opportunity for clarification of [its] review of an appeal from a sentence imposed by the trial court.” A unanimous court sought to clear up some inconsistencies in previous decisions regarding “the terminology used to define each of the three steps” of the sentencing process by better describing the procedure “by which the ...


Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro 2017 University of Maine School of Law

Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro

Maine Law Review

This is not an Article about the Nazi regime’s war on crime, nor does it analyze the possible lawlessness of the Weimar Republic. It does, however, consider the role of crime in transitional states. As such, the observation above is relevant to the issues examined in the pages that follow. Crime and the manipulation of the fear it promotes were essential to the rise of Nazism, the fall of the Weimar Republic, and the historical record of both regimes. I contend that we must recognize the vital role of street crime in the stability and instability of newly democratic ...


Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman 2017 University of Maine School of Law

Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman

Maine Law Review

From the beginning, race played a role in the prosecution of Christopher McCowen for the rape and murder of well-known fashion writer Christa Worthington. To some, the trial was even a spectacle and treated as “one of the most spectacular homicide cases in [Massachusetts'] history.” It quickly became a “made-for-cable-news tale of the heiress fashion writer and her lowly Portuguese fisherman lover, illicit sex, and an out-of-wedlock child,” all set in a seaside village. McCowen, an African-American garbage man, was right in the middle of it; police and prosecutors did not believe his assertions that he had consensual sex with ...


"Another Day" Has Dawned: The Maine Supreme Judicial Court Holds Laboratory Evidence Subject To The Confrontation Clause In State V. Mangos, Reid Hayton-Hull 2017 University of Maine School of Law

"Another Day" Has Dawned: The Maine Supreme Judicial Court Holds Laboratory Evidence Subject To The Confrontation Clause In State V. Mangos, Reid Hayton-Hull

Maine Law Review

The Sixth Amendment's Confrontation Clause guarantees criminal defendants the right to “confront witnesses against them.” Specifically, the Clause ensures a criminal defendant's right to confront witnesses who testify against him by the unique medium, or “crucible,” of cross-examination. Although federal and state rules of evidence prohibiting hearsay and the Confrontation Clause are designed to protect similar interests, whether or not admission of a piece of evidence violates a defendant's rights under the Confrontation Clause is a separate analysis than whether that same piece of evidence is admissible under a rule of evidence. In 2004, the United States ...


The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations, Melvyn H. Zarr 2017 University of Maine School of Law

The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations, Melvyn H. Zarr

Maine Law Review

On January 14, 2009, the United States Supreme Court decided Herring v. United States. In Herring, the defendant moved to suppress evidence that he alleged was seized as a result of an arrest that violated the Fourth and Fourteenth Amendments to the U.S. Constitution. The Supreme Court approved the decision below to deny suppression of the evidence. The decision set off a flurry of speculation that the Fourth Amendment exclusionary rule would not see its 100th birthday in 2014. A headline in the New York Times of January 31 declared: “Supreme Court Edging Closer to Repeal of Evidence Ruling ...


Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello 2017 University of Maine School of Law

Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello

Maine Law Review

In Strickland v. Washington, the United States Supreme Court issued a seminal holding that single-handedly rendered it nearly impossible for a capital defendant to demonstrate that he was the victim of ineffective assistance of counsel at the underlying trial or at sentencing. Indeed, due in substantial part to the fact that "Strickland was not intended to impose rigorous standards on criminal defense attorneys," the Court found ineffective assistance of counsel in only one case over the next sixteen years. Critically, however, during this time, both state and federal courts bore witness to some of the most horrific examples of death ...


Eleven Years Of Lethal Injection Challenges In Arkansas, Julie Vandiver 2017 University of Arkansas, Fayetteville

Eleven Years Of Lethal Injection Challenges In Arkansas, Julie Vandiver

Arkansas Law Review

In 2015, the Supreme Court decided Glossip v. Gross, which upheld the denial of a challenge to the lethal injection protocol in Oklahoma. Justice Breyer dissented, writing that he believed the death penalty was unconstitutional because, among other reasons, it had become “unusual.” He pointed out that Arkansas, along with 10 other states, had not conducted an execution in more than 8 years. This Article provides a look into how Arkansas made it onto this list. The drought was not from a lack of effort by the state. In the ten years preceding Glossip, twenty-one execution dates were set and ...


Capital Punishment: The Great American Paradox, A. M. Stroud III 2017 University of Arkansas, Fayetteville

Capital Punishment: The Great American Paradox, A. M. Stroud Iii

Arkansas Law Review

On June 6, 1944, American forces landed on Omaha and Utah beaches as part of the Normandy invasion that had as its objective the liberation of occupied Europe from the tyranny of the Nazi Occupation. This was America at its finest hour. This was not a professional army, but an army consisting of young men who had been drafted or had enlisted after Pearl Harbor. The young men came from all walks of life: farmers, teachers, family members, mechanics, truck drivers and the rest, with the sole objective to make the world safe again from the atrocities of the Axis ...


Keep Tinkering: The Optimist And The Death Penalty, Susan D. Rozelle 2017 Stetson University

Keep Tinkering: The Optimist And The Death Penalty, Susan D. Rozelle

Arkansas Law Review

When it comes to capital punishment, it may make sense to be a little bit defeatist. Like abortion, the death penalty is a topic about which you have to presume that you are never going to change anyone else’s mind. Whether the other person views it as a necessary part of the justice system or as a moral outrage, odds of changing the other person’s mind through reasoned discourse are slim.


The Coming Federalism Battle In The War Over The Death Penalty, Michael J. Zydney Mannheimer 2017 Northern Kentucky University

The Coming Federalism Battle In The War Over The Death Penalty, Michael J. Zydney Mannheimer

Arkansas Law Review

From the founding of the Republic until 2002, it appears that only a single person was ever sentenced to death by the federal government for criminal conduct occurring in a state that did not authorize the death penalty for the same conduct. However, in the last twenty-three years, the federal government has sought the death penalty dozens of times in non-death penalty states. Such cases virtually always involve offenses historically thought of as being best dealt with at the state level. And since 2002, eleven people have been sentenced to death by the federal government for criminal conduct occurring in ...


Death Beyond A Reasonable Doubt, Janet C. Hoeffel 2017 Tulane University

Death Beyond A Reasonable Doubt, Janet C. Hoeffel

Arkansas Law Review

In the forty-four years since the Court employed the Eighth Amendment to temporarily suspend the death penalty in the United States in Furman v. Georgia in 1972, the Court has spilled an enormous amount of ink attempting to instruct the states on how to properly guide jurors’ discretion in imposing the death penalty. Yet, in its voluminous Eighth Amendment jurisprudence, the Justices spilled not one drop suggesting the familiar and unifying standard of beyond a reasonable doubt as a guide.


Chasing Justice: The Monumental Task Of Undoing A Capital Conviction And Death Sentence, Jennifer L. Givens 2017 University of Virginia

Chasing Justice: The Monumental Task Of Undoing A Capital Conviction And Death Sentence, Jennifer L. Givens

Arkansas Law Review

After the botched 2014 execution of Clayton Lockett in Oklahoma, John Oliver tackled the issue of the death penalty on the second episode of his HBO show, Last Week Tonight with John Oliver. Oliver opens the discussion with a sound bite from former U.S. Attorney General Alberto Gonzales, who says, “I [] do believe in the death penalty, but [] only with respect to those [that] are guilty of committing the crime.” Oliver responds, “Okay, bold idea. We shouldn’t execute innocent people. I think most people would probably agree with that. You, sir, are a regular Atticus Finch. But [] executing ...


Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform, Jelani Jefferson Exum 2017 University of Toledo

Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform, Jelani Jefferson Exum

Arkansas Law Review

We are in an era of “Smart on Crime” sentencing reform. Several states and the federal government have made major changes to their sentencing policies—from reducing the incarceration of low-level, nonviolent drug offenders to the use of evidence-based sentencing to focus the most severe punishments on those who are at the greatest risk of recidivism. Often, today’s reform efforts are spoken about in terms of being fiscally responsible while still controlling crime. Though such reform efforts do not explicitly acknowledge purposes of punishment—such as retribution, incapacitation, rehabilitation, or deterrence—an undercurrent running through all of these reforms ...


Death Row Conditions Through An Environmental Justice Lens, Andrea C. Armstrong 2017 Loyola University

Death Row Conditions Through An Environmental Justice Lens, Andrea C. Armstrong

Arkansas Law Review

Glenn Ford lived on death row at Louisiana State Penitentiary for twenty-nine years, three months and five days. Typically, he was confined in his cell for at least twenty-three hours of a given day, seven days a week. Glenn was convicted of the armed robbery and murder of Isadore Rozeman. After prosecutors Martin Stroud and Carey Schimpf used six of their eight peremptory challenges to exclude African-Americans from the jury venire, Glenn was sentenced to death in 1984 by an allwhite jury. He was a devoted friend to many and, to the extent possible given his incarceration, a committed father ...


State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon 2017 University of Maine School of Law

State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon

Maine Law Review

Darrell Thurston and Suzanne Harmon were romantically involved on an intermittent basis for five years and had one child together. As a result of an altercation that took place at Harmon’s home in Sullivan, Maine, on September 27, 2007, between Thurston and Harmon, Thurston was charged with assault, criminal mischief, and obstructing report of crime or injury. The testimony during the trial illuminated the major factual differences between Thurston’s and Harmon’s accounts of the night the incident took place. Thurston requested a self defense jury instruction based on his version of what had happened, which the trial ...


Findings Of Fact Vs. Conclusions Of Law: How The Law Court Complicated The Case Of State V. Connor, Christopher S. Boulos 2017 University of Maine School of Law

Findings Of Fact Vs. Conclusions Of Law: How The Law Court Complicated The Case Of State V. Connor, Christopher S. Boulos

Maine Law Review

In State v. Connor, the Maine Supreme Judicial Court, sitting as the Law Court, upheld a trial judge’s denial of a motion to suppress evidence. Although the evidence presented in the suppression hearing seemed adequate to support the denial of the motion, the trial judge failed to clearly state his conclusions of law when denying the motion. However, the Law Court mistook the ambiguous conclusions of law as ambiguous findings of fact. Because the findings of fact were ambiguous in the court’s view, the majority and dissenting opinions spent the bulk of their energies discussing how the court ...


Too Low A Price: Waiver And The Right To Counsel, Zachary L. Heiden 2017 University of Maine School of Law

Too Low A Price: Waiver And The Right To Counsel, Zachary L. Heiden

Maine Law Review

Easy waiver of the right to counsel is at the heart of the problem with inadequate funding for criminal defense counsel for the indigent: without freely granted waiver of the right to counsel, the crisis in funding for indigent defense would, in the short term, be greatly magnified. But, the ready acceptance of the waivability of the right to counsel devalues and diminishes the significance of the assistance of counsel in criminal matters.


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