Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment, 2019 University of Baltimore School of Law
Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment, John Bessler
All Faculty Scholarship
This article explores how the death penalty and the indefinite nature of death row in the United States creates a constant threat of death, which can violate the United Nations Convention Against Torture’s prohibitions on death threats.
The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, 2019 University of Louisville
The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, Cedric Merlin Powell
Disrupting traditional conceptions of structural inequality, state decision making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman, Jr.’s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler’s evocative and transformative book, Chokehold. While both books grapple with how to dismantle the structural components of mass incarceration, state legitimized police violence against Black bodies, and how policy functions to reify oppressive state power, the approaches espoused by Forman and Butler are analytically distinct. Forman locates his analysis in the dynamics of decision-making power when African American officials ...
The Left's Law-And-Order Agenda, 2019 University of Colorado Law School
The Left's Law-And-Order Agenda, Aya Gruber
No abstract provided.
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, 2019 University of Massachusetts, Amherst
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
Mens Rea In Comparative Perspective, 2019 Marquette University Law School
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As ...
The Puzzle Of Inciting Suicide, 2019 University at Buffalo School of Law
The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa
In 2017, a Massachusetts court convicted Michelle Carter of manslaughter for encouraging the suicide of Conrad Roy by text message, but imposed a sentence of only 15 months. The conviction was unprecedented in imposing homicide liability for verbal encouragement of apparently voluntary suicide. Yet if Carter killed, her purpose that Roy die arguably merited liability for murder and a much longer sentence. This Article argues that our ambivalence about whether and how much to punish Carter reflects suicide’s dual character as both a harm to be prevented and a choice to be respected. As such, the Carter case requires ...
Beyond 'The Annals Of Murder': The Life And Works Of Thomas M. Mcdade, 2019 Duke Law School
Beyond 'The Annals Of Murder': The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens
Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, 2019 Elisabeth Haub School of Law at Pace University
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer
Pace Law Faculty Publications
This Article proceeds in five parts. Part I reviews the history of the legal and social movement from gender-specific to gender-neutral statutory rape laws. This Part includes an exploration of critical scholarship responding to the Supreme Court's Michael M. decision. Part II explains the limitations of gender-specific legislation. This Part illustrates that there are two categories of gender-neutral statutory rape jurisdictions: age-differential statutes and arbitrary prosecution statutes. This Part also explores challenges to these statutes, particularly arbitrary prosecution statutes, on equal protection grounds. Part III provides empirical data that men are prosecuted at a rate four times greater than ...
Integrating The Access To Justice Movement, 2019 Georgia State University College of Law
Integrating The Access To Justice Movement, Lauren Sudeall
Faculty Publications By Year
Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in ...
Robot Criminals, 2019 National University of Singapore
Robot Criminals, Ying Hu
University of Michigan Journal of Law Reform
When a robot harms humans, are there any grounds for holding it criminally liable for its misconduct? Yes, provided that the robot is capable of making, acting on, and communicating the reasons behind its moral decisions. If such a robot fails to observe the minimum moral standards that society requires of it, labeling it as a criminal can effectively fulfill criminal law’s function of censuring wrongful conduct and alleviating the emotional harm that may be inflicted on human victims.
Imposing criminal liability on robots does not absolve robot manufacturers, trainers, or owners of their individual criminal liability. The former ...
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, 2019 Boston Univeristy School of Law
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Gary Lawson, Steven Calabresi
Since 1999, when the independent counsel provisions of the Ethics in Government Act expired, the Department of Justice (“DOJ”) has had in place regulations providing for the appointment of Special Counsels who possess “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Appointments under these regulations, such as the May 17,2017 appointment of Robert S. Mueller to investigate the Trump campaign, are patently unlawful, for three distinct reasons.
First, all federal offices must be “established by Law,” and there is no statute authorizing such an office in the DOJ. We ...
Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, 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
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 ...
Policing, Danger Narratives, And Routine Traffic Stops, 2018 University of Arkansas, Fayetteville
Policing, Danger Narratives, And Routine Traffic Stops, Jordan Woods
Jordan Blair Woods
Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), Yilmaz Turkeri
Nevada Supreme Court Summaries
The Court considered whether the admission of gruesome photographs showing the disfigured bodies of the victims following their deaths and the subsequent autopsies amounted to an abuse of the district court’s discretion. The Court concluded that admission of these photographs was an abuse of the district court’s discretion.
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, 2018 University of California, Berkeley
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai
American Indian Law Journal
No abstract provided.
State V. Brown (Taren), 134 Nev. Adv. Op. 102 (Dec. 20, 2018), 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
State V. Brown (Taren), 134 Nev. Adv. Op. 102 (Dec. 20, 2018), Tracie Jefcik
Nevada Supreme Court Summaries
The Court interpreted the good cause showing requirements in NRS 177.015(2) and defined two of the statute’s key phrases: (1) the phrase “propriety of the appeal” means that an appeal is not taken for the purpose of delay, and (2) the phrase “miscarriage of justice” means that suppression of evidence would significantly impair or terminate the State’s ability to prosecute the case. Finding that the State in this case failed to demonstrate good cause, the Court dismissed the appeal.
Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, 2018 Montclair State University
Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry
Jessica S. Henry
Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful ...
Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, 2018 City University of New York (CUNY)
Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, Niti Dalal
Paper evidence is commonly encountered in cases of kidnapping, threatening letters, extortion, and bank robbery, and the optimal workflow between latent print processing and DNA collection is of interest to the forensic community. The overall aim of this project was to achieve optimal amounts of DNA for typing without destroying the fingerprint. The first study compared two collection techniques—tape-lifting by Scotch Removable Poster Tape and dry swabbing with FLOQSwabs— using prints deposited in defined locations. Samples were processed for DNA and developed with 1,2-indanedione. The second aim was to determine if visualizing print locations with fingerprint powder prior ...
Collaborations Between The Juvenile Justice System And Home Visiting Programs, 2018 Boston College Law School
Collaborations Between The Juvenile Justice System And Home Visiting Programs, Francine Sherman, Jessica Greenstone Winestone, Rebecca Fauth
Boston College Law School Faculty Papers
No abstract provided.
Virtual Life Sentences: An Exploratory Study, 2018 Montclair State University
Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh
Jessica S. Henry
Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.