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Insane: James Holmes, Clark V. Arizona, And America's Insanity Defense, Eric Collins 2018 Cleveland-Marshall College of Law

Insane: James Holmes, Clark V. Arizona, And America's Insanity Defense, Eric Collins

Journal of Law and Health

Insanity is a legal term of art that changes definitions depending on the legal standard in American jurisprudence, which explains why a man who mental health professionals described as having an uncontrollable obsession with killing people can be found not insane and guilty. This Note addresses the current state of the Insanity Defense Reform Act of 1984 and its widespread implementation at the state level. Part II supplies background information on the history of the insanity defense and how it has transformed over the years in American jurisprudence. Part III provides an analysis of the of the insanity defense. Part ...


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz 2018 Syracuse University

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu 2018 St. Mary's University School of Law

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Potential Jurors’ Perceptions Of Polygraphs In Court, Jacob Schiess 2018 Boise State University

Potential Jurors’ Perceptions Of Polygraphs In Court, Jacob Schiess

Boise State University Theses and Dissertations

The polygraph occupies a contentious place in the justice system. The instrument detects various physical responses and records these results, and the examiner interprets the readings and makes a determination on whether the test subject was truthful or deceptive. Polygraphs are, in some jurisdictions, a part of the court process and in others are forbidden. On the whole, there is less research on the polygraph and their permissibility in the legal process compared to other types of evidence. There is even less research on the opinions of jurors, especially compared to surveys of criminal justice professionals. That which is present ...


Aspects Of The Jury In Criminal Proceedings, Hannah Akers 2018 Liberty University

Aspects Of The Jury In Criminal Proceedings, Hannah Akers

Senior Honors Theses

Although a trial by jury happens in only a fraction of the total criminal cases, the jury is one of the most intriguing facets of criminal proceedings. This thesis intends to delve into the various aspects of the criminal jury’s history, formulation, and processes. The different areas included are jury selection, elimination of bias, the jury’s role in criminal trials, their deliberations, determining a verdict, and potential problems with the system that is currently in place. All trials can be expected to have foundational court procedures, readings of the law, opening statements and closing arguments, and testimonies, but ...


The History Of Misdemeanor Bail, Shima Baughman 2018 S.J. Quinney College of Law, University of Utah

The History Of Misdemeanor Bail, Shima Baughman

Utah Law Faculty Scholarship

Bail is one of the most consequential decisions in criminal justice. The ability to secure bail often makes the difference between guilt and innocence, retaining employment and family obligations, and keeping a place to live. These implications affect those charged with felonies and this has been the focus for many years, but it affects even more so those charged with misdemeanors. A misdemeanor is theoretically a less serious crime with less serious consequences, but the effects on a defendant’s life are just as serious in the short term. There is a growing body of important empirical work that demonstrates ...


Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens McCarthy 2018 University of Maine School of Law

Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy

Maine Law Review

In reaching its recent decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court grappled not with case law but with fundamental questions about the nature of science and its role in law. The court in Daubert addressed the problematic issue of admissibility of expert scientific testimony. In the end the Court rejected as an exclusionary rule the venerable standard set in 1923 by Frye v. United States. Frye held that scientific testimony was to be excluded unless it had gained “general acceptance” in its field. Daubert held that Rule 702 of the Federal Rules of Evidence ...


Prosecutorial Summation: Where Is The Line Between "Personal Opinion" And Proper Argument?, James W. Gunson 2018 University of Maine School of Law

Prosecutorial Summation: Where Is The Line Between "Personal Opinion" And Proper Argument?, James W. Gunson

Maine Law Review

Prosecutorial forensic misconduct has become front page news in Maine. Since April of 1993, the Maine Supreme Judicial Court, sitting as the Law Court, has reversed convictions in three highly publicized cases based on remarks made by the prosecutor. In State v. Steen, the prosecutor asked the defendant to give his opinion concerning the veracity of other witnesses and suggested in closing argument that the favorable testimony given by the defense's expert witness resulted from the fee he had received. The Law Court vacated the gross sexual assault conviction, finding that the prosecutor's questions and closing argument “clearly ...


Incapacitating Dangerous Repeat Offenders (Or Not): Evidentiary Restrictions On Armed Career Criminal Act Sentencing In United States V. King, Kayleigh E. McGlynn 2018 Boston College Law School

Incapacitating Dangerous Repeat Offenders (Or Not): Evidentiary Restrictions On Armed Career Criminal Act Sentencing In United States V. King, Kayleigh E. Mcglynn

Boston College Law Review

On March 30, 2017, in United States v. King, the United States Court of Appeals for the Sixth Circuit held that a sentencing court may not rely on information in bills of particulars for the Armed Career Criminal Act’s different-occasions inquiry. In so doing, the Sixth Circuit joined the Second, Fourth, Fifth, Seventh, Tenth, Eleventh, and D.C. Circuits in holding that sentencing courts deciding the different-occasions question may rely only on the evidentiary sources that the United States Supreme Court approved in Taylor v. United States in 1990 and Shepard v. United States in 2005. In contrast, on ...


Criminalizing Race: Racial Disparities In Plea-Bargaining, Carlos Berdejó 2018 Loyola Law School

Criminalizing Race: Racial Disparities In Plea-Bargaining, Carlos Berdejó

Boston College Law Review

Most of the empirical research examining racial disparities in the criminal justice process has focused on its two endpoints—the arrest and initial charging of defendants and judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that often constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining racial disparities in the plea-bargaining process, focusing on the period between the initial filing of charges and the defendant’s conviction. The results presented in this Article reveal significant racial disparities in this stage of the ...


Neil Gorsuch And The Return Of Rule-Of-Law Due Process, Nathan Chapman 2018 University of Georgia

Neil Gorsuch And The Return Of Rule-Of-Law Due Process, Nathan Chapman

Popular Media

Something curious happened at the Supreme Court last week. While the country was glued to the Cirque du Trump, the rule of law made a comeback, revived by Neil Gorsuch, whose place on the Court may prove to be one of Trump’s most important legacies.

Unlike the partisan gerrymander and First Amendment cases currently pending before the Court, immigration cases are usually long on textual analysis and short on grand themes. Accordingly, court-watchers didn’t have especially high expectations for Sessions v. Dimaya.


The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein 2018 St. Mary’s University School of Law

The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein

University of Miami Law Review

In all of the federal circuit courts of appeals, application of Rule 404(b) of the Federal Rules of Evidence has been distorted by judicially-created “tests” that, while intended to assist trial courts in properly admitting or excluding evidence, do not actually test for the kind of evidence prohibited by this rule. Rule 404(b) prohibits evidence of “crimes, wrongs, or other acts” if the purpose for admitting the evidence is to prove action in accordance with a character trait. This evidence is commonly referred to as “propensity” evidence, or “once a drug dealer, always a drug dealer” evidence.

This ...


An End To Arbitrary And Capricious Federal Sentencing Guidelines, Henry D. Stegner 2018 UIdaho Law

An End To Arbitrary And Capricious Federal Sentencing Guidelines, Henry D. Stegner

Idaho Law Review

No abstract provided.


Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald 2018 Notre Dame Law School

Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald

Journal of Legislation

No abstract provided.


Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk 2018 Notre Dame Law School

Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk

Journal of Legislation

No abstract provided.


The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig 2018 Notre Dame Law School

The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig

Journal of Legislation

No abstract provided.


The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris 2018 Notre Dame Law School

The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris

Journal of Legislation

No abstract provided.


Cruel And Unusual: A Look Into Prisoner Mental Health Care, Adonia Delgado Hipp 2018 Dominican University of California

Cruel And Unusual: A Look Into Prisoner Mental Health Care, Adonia Delgado Hipp

Scholarly & Creative Works Conference 2018

The United States incarcerates more of its citizens than any other country (Blumstein & Wallman, 2000). In fact, the rate of incarceration is more than five times higher than most of the countries in the world. Recent studies indicate that “Crowded living quarters, lack of privacy, increased risk of victimization, and solitary confinement within the institution have been identified as strong correlates for self-harm and adaptation challenges for those with mental health conditions in prison settings” (Gonzalez et al., 2014). One of the greatest persistent injustices of modern criminal law is that not only are poor people and people of color ...


Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto 2018 Golden Gate University School of Law

Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto

Golden Gate University Law Review

Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect ...


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