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Mindful Meditation And Misconduct: A Proposal, Victoria Evans 2020 Merrimack College

Mindful Meditation And Misconduct: A Proposal, Victoria Evans

Honors Senior Capstone Projects

Rehabilitation and treatment methods used in incarceration have evolved, causing punishment philosophies in the U. S. to swing from rehabilitation to “zero tolerance” and back again. As this transition occurs, it is essential to evaluate current correctional programs as there has been a trend towards evidence-based corrections. The purpose of this research is to evaluate the SAVR (stress, anger, violence reduction) program implemented by a county jail in Massachusetts. This research will examine the extent to which participating in SAVR reduces inmate misconduct. The participants will be selected through a non-probability, convenience sample of program participants. Misconduct files will be ...


Recent Developments, Raelynn J. Hillhouse 2020 University of Michigan

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.


The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski 2020 University of Georgia School of Law

The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski

Georgia Journal of International & Comparative Law

No abstract provided.


Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert 2020 Ford Foundation Fellow and Visiting Scholar, Duke University

Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert

Georgia Journal of International & Comparative Law

No abstract provided.


The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth 2020 Georgetown University Law Center

The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth

Georgia Journal of International & Comparative Law

No abstract provided.


States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed 2020 University of California, Berkeley, School of Law

States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed

Georgia Journal of International & Comparative Law

No abstract provided.


The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner 2020 UC Hastings College of Law

The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner

Georgia Journal of International & Comparative Law

No abstract provided.


Defense Issues At The International Criminal Court, Megan A. Fairlie 2020 Florida International University College of Law

Defense Issues At The International Criminal Court, Megan A. Fairlie

Georgia Journal of International & Comparative Law

No abstract provided.


The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza 2020 UC Hastings College of Law

The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.


Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk 2020 Washington and Lee University School of Law

Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk

Washington and Lee Journal of Civil Rights and Social Justice

American correctional facilities are banning in-person visitation in lieu of privately provided and expensive video visitation services. This Note discusses the types of private services provided; how video visitation negatively affects inmates’ mental health and finances; and the ongoing legal battle occurring in Knox County, Tennessee, regarding whether the Knox County Jail’s ban on in-person visitation violates the Constitution. Because of the significant degree of deference courts grant correctional facilities when considering whether challenged regulations violate the Constitution, it will be difficult for the Knox County Jail inmates to successfully argue that the jail has violated their constitutional rights ...


Collateral Consequences Of Pretrial Diversion Programs Under The Heck Doctrine, Bonnie Gill 2020 Washington and Lee University School of Law

Collateral Consequences Of Pretrial Diversion Programs Under The Heck Doctrine, Bonnie Gill

Washington and Lee Law Review

Following the Introduction, Part II of this Note gives an overview of federal and state pretrial diversion programs. Part III explores the statutory and doctrinal background of 42 U.S.C. § 1983, including its interaction with another civil rights statute, 28 U.S.C. § 2254, the federal habeas statute. Both statutes are essential to understanding the Heck v. Humphrey doctrine’s purpose and application to pretrial diversion participants. Part III also explores the development and interpretation of the Heck doctrine in four Supreme Court cases. Part IV discusses the circuit split as it currently stands. Part V presents three proposals ...


Reasonable Doubt And Relativity, Michael D. Cicchini 2020 Cicchini Law Office, LLC

Reasonable Doubt And Relativity, Michael D. Cicchini

Washington and Lee Law Review

In theory, the Constitution protects us against criminal conviction unless the state can prove guilt beyond a reasonable doubt. In reality, this lofty standard is only as strong as the words used to explain it to the jury.

Unfortunately, attempts to explain reasonable doubt often create confusion, and sometimes even diminish the burden of proof. Many courts therefore believe that the better practice is not to attempt a definition. However, empirical studies demonstrate that reasonable doubt is not self-defining, i.e., when it is not explained to the jury, it offers defendants no greater protection against conviction than the two ...


Inaccuracy And The Involuntary Confession: Understanding Rogers V. Richmond Rightly, Dean A. Strang 2020 Northwestern Pritzker School of Law

Inaccuracy And The Involuntary Confession: Understanding Rogers V. Richmond Rightly, Dean A. Strang

Journal of Criminal Law and Criminology

No abstract provided.


Innocent Juvenile Confessions, Seth P. Waxman 2020 Northwestern Pritzker School of Law

Innocent Juvenile Confessions, Seth P. Waxman

Journal of Criminal Law and Criminology

No abstract provided.


An Exoneree's Interrogation Nightmare, Christopher Ochoa 2020 Northwestern Pritzker School of Law

An Exoneree's Interrogation Nightmare, Christopher Ochoa

Journal of Criminal Law and Criminology

No abstract provided.


Defining "Special Care", Ben Gifford 2020 Northwestern Pritzker School of Law

Defining "Special Care", Ben Gifford

Journal of Criminal Law and Criminology

For the better part of the last century, the Supreme Court has held that courts must evaluate the voluntariness of juvenile confessions with “special care.” This special care requirement cautions courts against judging juveniles “by the more exacting standards of maturity” or comparing a juvenile suspect “with an adult in full possession of his senses and knowledgeable of the consequences of his admissions.” It also instructs courts to ensure that a juvenile’s “admission was voluntary, in the sense not only that it was not coerced or suggested, but also that it was not the product of ignorance of rights ...


False Confessions And Testimonial Injustice, Jennifer Lackey 2020 Northwestern University

False Confessions And Testimonial Injustice, Jennifer Lackey

Journal of Criminal Law and Criminology

In the criminal justice system, confessions have long been considered the gold standard in evidence. An immediate problem arises for this gold standard, however, when the prevalence of false confessions is taken into account. Since 1989, there have been 367 post-conviction DNA exonerations in the United States, and 28% of these involved false confessions. Moreover, false confessions involve everything from minor infractions to detailed accounts of violent crimes.

This article takes a close look at false confessions in connection with the phenomenon of testimonial injustice. It argues that false confessions provide a unique and compelling challenge to the current conceptual ...


Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram 2020 University of California, Hastings College of the Law

Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram

Hastings Journal of Crime and Punishment

Literature on “late mass incarceration” observed a contraction of the carceral state, with varying opinions as to its causes and varying degrees of optimism about its potential. But even optimistic commentators were taken aback by the Trump-Sessions administration’s criminal justice rhetoric. This paper maps out the extent to which federal, state, and local actions in the age of Trump have reversed the promising trends to shrink the criminal justice apparatus, focusing on federal legislation, continued state and local reform, and the role of criminal justice in 2020 presidential campaigns. The paper concludes that the overall salutary trends from 2008 ...


After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez 2020 University of California, Hastings College of the Law

After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez

Hastings Journal of Crime and Punishment

No abstract provided.


Life, Liberty, And Rental Property: Oakland’S Nuisance Eviction Program, Ethan Silverstein 2020 University of California, Hastings College of the Law

Life, Liberty, And Rental Property: Oakland’S Nuisance Eviction Program, Ethan Silverstein

Hastings Journal of Crime and Punishment

No abstract provided.


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