The Twilight Zone: Perspectives From A Man On Death Row, 2015 University of Richmond
The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler
Law Student Publications
This interview was conducted through a series of written correspondences between Gerald Dean Cruz and Leah Stiegler, the Allen Chair Editor for Volume 49 of the University of Richmond Law Review. This exchange was reproduced, in excerpts, for the sole purpose of giving readers a rare glimpse into the perspective of a death row inmate.
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, 2015 University of Richmond
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao, Iii
Law Student Publications
This comment recommends that Virginia cease its use of lethal injection because of its high botch rates and growing impracticability due to drug shortages. Instead, the Commonwealth should use the firing squad as a more effective means of execution, thereby leading the nation in a transition towards a more efficient and reliable method.
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, 2015 University of Richmond
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
Law Student Publications
This comment argues that, starting with the framework of the federal system, there is a way to reconcile modern concerns about the death penalty with society's need for leverage over those criminals who truly are the worst of the worst-those who present grave threats to society even after incarceration. This reconciliation can be achieved by amending the Federal Death Penalty Act to require prosecutors to establish one additional element before they can secure a capital conviction: future dangerousness of the defendant in prison..
Ending Drunk Driving With A Flash Of Light, 2015 University of Richmond
Ending Drunk Driving With A Flash Of Light, Andrew Sullivan
Richmond Journal of Law & Technology
Drunk driving exacts an enormous toll on our society. Every year, alcohol-driven crashes kill over ten thousand people, injure hundreds of thousands more, and cost the national economy tens of billions of dollars. States largely have been left to combat this problem through their own criminal regimes. Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated3 install an ignition interlock device (“IID”) in her vehicle as a condition of restoring her driving privileges.
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, 2015 University of Richmond School of Law
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass
Law Faculty Publications
Virginia now averages less than a single death sentence each year, a far cry from its not-too-distant history as the second most active death penalty state in the nation. The numbers alone tempt us to forecast the death of Virginia's death penalty: a death by disuse. But those numbers leave much of the story untold. The plummeting number of death sentences is only the diminishing tip of a larger, more stable iceberg of capital case litigation. That iceberg is melting very slowly, if at all.
Overcriminalizing Speech, 2015 Washington and Lee University School of Law
Overcriminalizing Speech, Michal Buchhandler-Raphael
Scholarly Articles
Recent years have seen a significant expansion in the criminal justice system’s use of various preemptive measures, aimed to prevent harm before it occurs. This development consists of adopting a myriad of prophylactic statutes, including endangerment crimes, which target behaviors that merely pose a risk of future harm but are not in themselves harmful at the time they are committed.
This Article demonstrates that a significant portion of these endangerment crimes criminalize various forms of speech and expression. Examples include conspiracies, attempts, verbal harassment, instructional speech on how to commit crimes, and possession crimes. The Article argues that in contrast …
International Criminal Law: Year In Review 2014-2015, 2015 Washington and Lee University School of Law
International Criminal Law: Year In Review 2014-2015, Mark A. Drumbl
Scholarly Articles
This publication is based on Professor Drumbl's remarks on September 1, 2015, at the Ninth International Humanitarian Law Dialogs held in Chautauqua, New York.
What I do not want to do is review and repeat what has already been said about the international arena. I thought what I would do is boil it down to a couple observations that I have about the activities at the international institutions over the past year, and discuss four elements that have emerged.
One is transition. What I mean by this is that the work of a number of the international institutions is winding …
Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, 2015 Washington and Lee University School of Law
Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl
Scholarly Articles
The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …
Compliance Convergence In Fatf Rulemaking: The Conflict Between Agency Capture And Soft Law, 2015 New York Law School
Compliance Convergence In Fatf Rulemaking: The Conflict Between Agency Capture And Soft Law, Dr. Saby Ghoshray
NYLS Law Review
No abstract provided.
Explaining Inhumanity: The Use Of Crime-Definition Experts At International Criminal Courts, 2015 Vanderbilt University Law School
Explaining Inhumanity: The Use Of Crime-Definition Experts At International Criminal Courts, Caroline Davidson
Vanderbilt Journal of Transnational Law
International criminal courts must not only decide the guilt or innocence of defendants in immensely serious cases, but also make good law in the process. To help them do so, these courts have turned to experts. This Article identifies a type of expert witness that, thus far, has escaped scholarly attention: the crime-definition expert. Crime-definition experts have provided expert reports and testimony to international criminal courts on the meaning of the very crimes with which defendants are charged, including genocide, forced marriage, and recruitment and use of child soldiers. This Article critically evaluates the risks associated with using crime-definition experts …
Are Indiana’S Newly Expunged Convictions Still Available For Impeachment?, 2015 Saint Joseph (Indiana) Probate Court
Are Indiana’S Newly Expunged Convictions Still Available For Impeachment?, Graham Polando
Indiana Law Journal
During trial, a litigant can, of course, impeach a witness with certain criminal convictions. However, Indiana Evidence Rule 609(c), like its federal counterpart, prohibits parties from introducing such evidence when “the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated . . . .” Indiana, however, has no procedure for annulment or certificates of rehabilitation—and, until recently, had nothing resembling one.
To some fanfare, the General Assembly has recently enacted an expungement provision. As courts begin to grant these expungements, it is only …
The Overlooked Benefits Of The Blackstone Principle, 2015 Loyola University Chicago, School of Law
The Overlooked Benefits Of The Blackstone Principle, John Bronsteen
Faculty Publications & Other Works
No abstract provided.
Justice: 1850s San Francisco And The California Gold Rush, 2015 University of Pennsylvania Carey Law School
Justice: 1850s San Francisco And The California Gold Rush, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Using stories from the 1848-1851 California gold miners, the 1851 San Francisco vigilante committees, Nazi concentration camps of the 1940s, and wagon trains of American westward migration in the 1840s, the chapter illustrates that it is part of human nature to see doing justice as a value in itself—in people’s minds it is not dependent for justification on the practical benefits it brings. Having justice done is sufficiently important to people that they willingly suffer enormous costs to obtain it, even when they were neither hurt by the wrong nor in a position to benefit from punishing the wrongdoer.
This …
Freedom From Violence And The Law: A Global Perspective In Light Of Chinese Domestic Violence Law, 2015, 2015 University of Pennsylvania Carey Law School
Freedom From Violence And The Law: A Global Perspective In Light Of Chinese Domestic Violence Law, 2015, Rangita De Silva De Alwis, Jeni Klugman
All Faculty Scholarship
No abstract provided.
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, 2015 J.D. Candidate, 2016, American University Washington College of Law
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly
American University Journal of Gender, Social Policy & the Law
This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.
Gender Based Violence As A Continuum Of Human Rights Violations In Russia And The Czech Republic, 2015 CUNY City College
Gender Based Violence As A Continuum Of Human Rights Violations In Russia And The Czech Republic, Alena Lebron
Dissertations and Theses
Gender-based violence can take various forms – physical, sexual, psychological, and economic. Violence against women is a global public health problem and not only violates human rights, but also hampers productivity, reduces human capital, and undermines economic growth. Since the collapse of the Soviet Union in 1991, human trafficking for sexual exploitation and domestic violence have become a significant problem in post-communist countries. The fall of the Soviet Union also shaped national gender policies in post-communist countries. Despite the common challenges they face, success in implementing anti-trafficking procedures and measures against domestic violence varies from country to country.
According to …
Wrongful Convictions And Upstream Reform In The Criminal Justice System, 2015 Mitchell Hamline School of Law
Wrongful Convictions And Upstream Reform In The Criminal Justice System, Kate Kruse
Faculty Scholarship
This Article explores the viability of upstream criminal justice reforms within the context of an adversary and procedural system of criminal justice, focusing on reforms in eyewitness identification procedures. Mistaken eyewitness identification evidence is often cited as the leading cause of wrongful convictions in the United States. Eyewitness identification reforms have also been the most developed upstream efforts to grow out of the innocence movement. The success and limitation of upstream reform in eyewitness identification shed light on the efficacy of upstream criminal justice system reform more generally, as well as in areas that are less developed, such as the …
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, 2015 American University Washington College of Law
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Expunging America's Rap Sheet In The Information Age, 2015 American University Washington College of Law
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Articles in Law Reviews & Other Academic Journals
"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …
Crimmigration Creep: Reframing Executive Action On Immigration, 2015 American University Washington College of Law
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In this Essay, I seek to build upon existing scholarship relating to DACA and DAPA, by offering an alternate lens through which to examine the programs. Specifically, I argue that DACA and DAPA, by naming and entrenching the “significant misdemeanor” bar to eligibility, contribute to a concerning expansion of “crimmigration law.” To be sure, neither program exists in codified law; nevertheless, the eligibility bars under DACA and DAPA are poised to wreak doctrinal havoc by upending the way particular criminal conduct is treated in the U.S. immigration system. In some respects, the DACA and DAPA bars are more stringent than …