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Banning Solitary For Prisoners With Mental Illness: The Blurred Line Between Physical And Psychological Harm, Rosalind Dillon 2019 Northwestern Pritzker School of Law

Banning Solitary For Prisoners With Mental Illness: The Blurred Line Between Physical And Psychological Harm, Rosalind Dillon

Northwestern Journal of Law & Social Policy

No abstract provided.


No Indeterminate Sentencing Without Parole, Katherine Puzauskas, Kevin Morrow 2019 Sandra Day O'Connor College of Law

No Indeterminate Sentencing Without Parole, Katherine Puzauskas, Kevin Morrow

Ohio Northern University Law Review

This article looks critically at the indeterminate sentencing system that survived after the elimination of parole in Arizona in 1993. It begins by exploring the purpose and history of indeterminate sentencing and parole as well as its earliest constitutional challenges and eventual decline. Next it compares two commonly confused forms of “release”: parole and executive clemency. The article then examines the three types of defendants affected by indeterminate sentences without parole: death row defendants denied parole eligibility instructions at trial, defendants sentenced with parole at trial, and defendants whose plea agreement includes parole. Finally, the article argues that without parole ...


Algorithmic Risk Assessments And The Double-Edged Sword Of Youth, Megan T. Stevenson, Christopher Slobogin 2019 George Mason University

Algorithmic Risk Assessments And The Double-Edged Sword Of Youth, Megan T. Stevenson, Christopher Slobogin

Christopher Slobogin

Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering decisions in the criminal process, including setting bail, determining sentences, selecting probation conditions, and deciding parole. Yet many of these instruments are “black-box” tools. The algorithms they use are secret, both to the sentencing authorities who rely on them and to the offender whose life is affected. The opaque nature of these tools raises numerous legal and ethical concerns. In this paper we argue that risk assessment algorithms obfuscate how certain factors, usually considered ...


Multiple Foster Care Placements Should Be Considered A Mitigating Factor In Criminal Proceedings, Daniel Pollack, Khaya Novick Eisenberg Dr., Amanda Dolce Esq. 2019 Yeshiva University

Multiple Foster Care Placements Should Be Considered A Mitigating Factor In Criminal Proceedings, Daniel Pollack, Khaya Novick Eisenberg Dr., Amanda Dolce Esq.

Ohio Northern University Law Review

No abstract provided.


Size Matters: Force And Size Disparity In Cases Of Aggravated Sexual Abuse, Janine Hanrahan 2019 Boston College Law School

Size Matters: Force And Size Disparity In Cases Of Aggravated Sexual Abuse, Janine Hanrahan

Boston College Law Review

In 2018, the Third Circuit Court of Appeals affirmed a jury’s finding that a corrections officer deprived a female inmate of her civil rights through his commission of aggravated sexual abuse. Following the Seventh Circuit Court of Appeals while splitting with the Fifth, Eighth, and Tenth Circuit Courts of Appeals, the Third Circuit held that size and coercive power disparities between a defendant and a victim do not speak to the force element of the federal aggravated sexual abuse statute, 18 U.S.C. § 2241(a). Although the Third Circuit takes a balanced approach, its adoption of the Seventh ...


Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson 2019 Yale Law School

Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson

Washington and Lee Journal of Civil Rights and Social Justice

Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing ...


Punishing Poverty: Robinson & The Criminal Cash Bond System, Lauren Bennett 2019 Washington and Lee University School of Law

Punishing Poverty: Robinson & The Criminal Cash Bond System, Lauren Bennett

Washington and Lee Journal of Civil Rights and Social Justice

The current cash bail system works in a way that punishes poverty. In Robinson v. California, the Supreme Court held that it is unconstitutional under the Eighth Amendment to punish an individual for a status or condition. Poverty is a status. The cash bail system is unconstitutional under Robinson and the Eighth Amendment because it punishes the status of poverty. Similar to drug addiction, poverty “may be contracted innocently or involuntarily or it might even take hold from the moment of a person’s birth.” Kalief Browder had no control over his family’s financial position. Yet, this financial position ...


Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff 2019 Washington and Lee University School of Law

Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff

Washington and Lee Journal of Civil Rights and Social Justice

The United States has relied on Private Military Firms (PMFs) extensively to carry out its numerous overseas military missions since the end of the Cold War. Civilians and contractors have always had a place in American wars, even during the American Revolution and beyond. But the recent American incursions into Afghanistan and Iraq brought an unprecedented number of private contractors into the forefront of these conflict zones, the discussions surrounding them, and the legal questions arising from their ashes. Particularly, private contractors in Iraq seemed to be operating in a legal grey area—they clearly were not soldiers, and they ...


Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly 2019 Texas A&M University School of Law

Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly

Peter R. Reilly

Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model of speedy and efficient law enforcement, but also derided as making a “mockery” of America’s criminal justice system stemming from lenient deals being offered to some defendants. This Article questions why corporate DPAs are not given meaningful judicial review when such protection is required for other alternative dispute resolution (ADR) tools, including plea bargains, settlement agreements, and consent decrees. The Article also analyzes several cases in which federal ...


287(G) Agreements In The Trump Era, Huyen Pham 2019 Texas A&M University School of Law

287(G) Agreements In The Trump Era, Huyen Pham

Huyen T. Pham

No abstract provided.


Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill 2019 Fordham University School of Law

Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill

Fordham Law Review Online

Recent scholarship on the school-to-prison pipeline has zeroed in on the disturbing trajectory of black girls. School officials impose harsh punishments on black girls, including suspension and expulsion from school, at alarming rates. The most recent data from the U.S. Department of Education Office for Civil Rights reveals that one of the harshest forms of discipline—out of school suspension—is imposed on black girls at seven times the rate of their white peers. In the juvenile justice system, black girls are the fastest growing demographic when it comes to arrest and incarceration. Explanations for the disproportionate disciplinary, arrest ...


It’S Not Too Difficult: A Plea To Resurrect The Impossibility Defense, Ken Levy 2019 Louisiana State University Law Center

It’S Not Too Difficult: A Plea To Resurrect The Impossibility Defense, Ken Levy

Ken Levy

No abstract provided.


Ohio's New Sentencing Guidelines: A "Middleground" Approach To Crack Sentencing, Dan Haude 2019 The University of Akron

Ohio's New Sentencing Guidelines: A "Middleground" Approach To Crack Sentencing, Dan Haude

Akron Law Review

No abstract provided.


In Search Of Juvenile Justice: From Star Chamber To Criminal Court, Hon. Patrick R. Tamilia 2019 The University of Akron

In Search Of Juvenile Justice: From Star Chamber To Criminal Court, Hon. Patrick R. Tamilia

Akron Law Review

No abstract provided.


A Dilemma For The Juvenile Justice System, Judith L. Hunter 2019 The University of Akron

A Dilemma For The Juvenile Justice System, Judith L. Hunter

Akron Law Review

No abstract provided.


The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber 2019 Fordham University School of Law

The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber

Fordham Law Review

Since the United States declared its “War on Drugs,” federal enforcement of drug-trafficking crimes has led to increased incarceration and longer prison sentences. Many low-level drug couriers and drug mules have suffered disproportionately from these policies; they face mandatory punishments that vastly exceed their culpability. Drug couriers often lack substantial ties to drug-trafficking organizations, which generally recruit vulnerable individuals to act as couriers and mules. By using either threats of violence or promises of relatively small sums of money, these organizations convince recruits to overlook the substantial risks that drug couriers face. The current policies of pursuing harsh punishments for ...


The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly McWilliams, Catherine Liang, Thomas D. Lyon 2019 Arizona State University

The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked.

Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.

Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.

Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for ...


Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw 2019 Texas A&M University School of Law

Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw

Texas A&M Law Review

For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and ...


Harm, Sex, And Consequences, India Thusi 2019 SJ Quinney College of Law, University of Utah

Harm, Sex, And Consequences, India Thusi

Utah Law Review

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism ...


Stemming The Expansion Of The Void-For-Vagueness Doctrine Under Johnson, Clancey Henderson 2019 SJ Quinney College of Law, University of Utah

Stemming The Expansion Of The Void-For-Vagueness Doctrine Under Johnson, Clancey Henderson

Utah Law Review

This Note addresses the constitutionality of the risk-of-force clause. Since many of the cases challenging the risk-of-force clause proceed on the argument that it is indistinguishable from the ACCA’s residual clause, the history of the residual clause is particularly relevant. Addressing the constitutionality of the risk-of-force clause will necessarily entail a discussion of whether it is distinguishable from the residual clause. Accordingly, brief histories of the ACCA and the residual clause will be given. This overview will provide a backdrop to the discussion of the Supreme Court’s struggle to define and apply the residual clause in numerous cases ...


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