One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving,
2015
University of Nevada - Reno
One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell
Steve R Darnell
Only eight states continue to rely on the judicial system to suspend a drunken driver’s license instead of an administrative process. Federal agencies and special interest groups such as Mothers Against Drunk Driving (MADD) and the Insurance Institute for Highway Safety press for Administrative License Suspension (ALS) laws arguing these laws reduce drunken driving. While some research supports this view, there is an equally and more compelling literature indicating ALS laws are not effective in reducing drunken driving. This study analyzed data from eight states that have adopted ALS laws to determine if the ALS laws reduced drunken driving. A …
Holder Assails Policing For Profit,
2015
Western New England University School of Law
Holder Assails Policing For Profit, Lauren Carasik
Media Presence
No abstract provided.
Prevention, Not Prejudice: The Role Of Federal Guidelines In Hiv-Criminalization Reform,
2015
Northwestern Pritzker School of Law
Prevention, Not Prejudice: The Role Of Federal Guidelines In Hiv-Criminalization Reform, Sarah J. Newman
Northwestern University Law Review
Thirty-four states and two U.S. territories have criminal statutes that specifically impose criminal liability for HIV transmission, exposure, or nondisclosure. With possible sentences ranging up to thirty years, these statutes have even provided the basis for convicting HIV positive individuals who never actually transmitted the virus. To address the unreasonable prosecutions of these individuals, Representative Barbara Lee of California introduced the Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act (REPEAL Act) to the U.S. House of Representatives on September 23, 2011. If passed, the REPEAL Act would require a systematic review of these statutes and the development …
Racketeering After Morrison: Extraterritorial Application Of Civil Rico,
2015
Northwestern Pritzker School of Law
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Northwestern University Law Review
In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …
Newsroom: Examining Justice At Rwu Law,
2015
Roger Williams University
Newsroom: Examining Justice At Rwu Law, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate,
2015
Florida State University
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders,
2015
University of Houston - Main
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, Jayme M. Reisler
Jayme M Reisler
The high rate of comorbid substance use disorder and other mental illness (“dual diagnosis”) poses an enormous obstacle to public policy and sentencing in criminal cases. It is estimated that almost half of all Federal, State, and jail inmates suffer from dual diagnosis – a significantly higher prevalence than in the general population. Yet such inmates lack access to proper and effective treatments for their conditions. Several etiological theories have been put forth to explain the occurrence of dual diagnosis in general. However, virtually no studies have explored possible etiological reasons for the higher prevalence of dual diagnosis specifically in …
The Price Of Justice: Interest-Convergence, Cost, And The Anti-Death Penalty Movement,
2015
Northwestern Pritzker School of Law
The Price Of Justice: Interest-Convergence, Cost, And The Anti-Death Penalty Movement, Jolie Mclaughlin
Northwestern University Law Review
No abstract provided.
Mug Shot Disclosure Under Foia: Does Privacy Or Public Interest Prevail?,
2015
Northwestern Pritzker School of Law
Mug Shot Disclosure Under Foia: Does Privacy Or Public Interest Prevail?, Kathryn Shephard
Northwestern University Law Review
No abstract provided.
Reclaiming The Equitable Heritage Of Habeas,
2015
Northwestern Pritzker School of Law
Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto
Northwestern University Law Review
No abstract provided.
Newsroom: Tsarnaev Trial Vs. Hernandez Trial,
2015
Roger Williams University
Newsroom: Tsarnaev Trial Vs. Hernandez Trial, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act,
2015
Duke Law
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw
Duke Law & Technology Review
In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern for the implications of the Third-Party Records Doctrine—a judicially created doctrine that generally eliminates Fourth Amendment protections for information entrusted to third parties—Congress sought to tailor the SCA to electronic communications sent via and stored by third parties. Yet, because Congress crafted the SCA with language specific to the technology of 1986, courts today have struggled to apply the SCA consistently with regard to similar private content sent using different …
El Derecho Penal Y La Afectación Al Debido Proceso,
2015
Universidad Católica de Santa María
El Derecho Penal Y La Afectación Al Debido Proceso, Ramiro De Valdivia Cano
Ramiro De Valdivia Cano
El Debido Proceso es una garantía de la correcta administración de justicia y una herramienta fundamental del Estado Constitucional de Derecho. El Derecho Penal debe guardar armonía plena con el Debido Proceso, como lo propone en su obra el Dr. Pedro Puente.
University of Baltimore Law
Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by …
Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost,
2015
University of Connecticut
Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost, Miguel De Figueiredo
Faculty Articles and Papers
"We jail too many people and it costs too much. Incarceration is not only expensive, it also is prone to ""hardening"" and negative peer learning effectshat may increase recidivism. With local, state, and federal budgets at a breaking point, politicians and regulators are increasingly considering alternative approaches to preventing crime. Yet, they face a problem. Studies show that incapacitation is a successful way of reducing crime, yet most scholars and policymakers think that the only way to incapacitate is to incarcerate. This study demonstrates that this assumption is problematic, arguing that we should understand incapacitation along a continuum, with incarceration …
Alternate Judges As Sine Qua Nons For International Criminal Trials,
2015
Florida International University College of Law
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Faculty Publications
When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …
Wrongful Confictions And Due Process Violations,
2015
FAMU College of Law
Wrongful Confictions And Due Process Violations, Cheryl Page
Journal Publications
This analytical essay looks at the myriad of ways innocent people are wrongfully convicted and how the criminal justice system fails to truly reach a fair and equitable result. The article looks at how at the initial stages of a criminal proceeding, a defendant can be prejudiced to the point of sufficient harm to his chances at being given a fair and impartial judicial proceeding. This article examines how fatal mistakes can be made and reveals that there can be flaws in the science of DNA testing, including fraud, criminologist bias, improper laboratory procedures, and human error. This article seeks …
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform,
2015
University of Cincinnati College of Law
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev
Faculty Articles and Other Publications
This Article introduces participatory defense as a powerful new model for improving public defense and challenging mass incarceration. This grassroots movement empowers the key stakeholders — people who face criminal charges, their families, and their communities — to become change agents who force greater transparency, accountability, and fairness from criminal justice systems. After introducing the model’s core principles and goals, the Article offers innovative analyses from doctrinal, theoretical and empirical perspectives. First, the Article connects participatory defense with the crisis-ridden history of the constitutional right to counsel, including that doctrine’s roots in the Due Process right to be heard. Second, …
Asymmetry As Fairness: Reversing A Peremptory Trend,
2015
Brooklyn Law School
Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts
Faculty Scholarship
No abstract provided.
Predictive Due Process And The International Criminal Court,
2015
Vanderbilt University Law School
Predictive Due Process And The International Criminal Court, Samuel C. Birnbaum
Vanderbilt Journal of Transnational Law
The International Criminal Court (ICC) operates under a regime of complementarity: a domestic state prosecution of a defendant charged before the ICC bars the Court from hearing the case unless the state is unable or unwilling to prosecute the accused. For years, scholars have debated the role of due process considerations in complementarity. Can a state that has failed to provide the accused with adequate due process protections nonetheless bar a parallel ICC prosecution? One popular view, first expressed by Professor Kevin Jon Heller, holds that due process considerations do not factor into complementarity and the ICC could be forced …
