Criminology (Gsu, Clayton), 2018 Georgia State University
Criminology (Gsu, Clayton), Scott Jacques, Andrea Allen
Criminal Justice Grants Collections
This Grants Collection for Criminology was created under a Round Nine ALG Textbook Transformation Grant.
Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.
Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:
- Linked Syllabus
- Initial Proposal
- Final Report
Police Lineups And Eyewitness Identification, 2018 Merrimack College
Police Lineups And Eyewitness Identification, Alessandra Ricigliano
Honors Senior Capstone Projects
Improper police lineups often lead to the misidentification of a suspect in particular cases. These mistakes could potentially have detrimental effects on someone’s freedom because eyewitness identifications hold so much weight in court proceedings. If a witness or victim is certain they can identify the suspect, jurors are likely to believe them whether the witness is right or wrong. Eyewitness misidentification is one of the leading causes of wrongful convictions (The Innocence Project, 2017). The current research employs qualitative in depth interviews with police officers from local and state departments. The interviews asked about police procedures for conducting simultaneous ...
Privileging Public Defense Research, 2018 University of Cincinnati College of Law
Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, Andrew L. Davies
Faculty Articles and Other Publications
Empirical research on public defense is a new and rapidly growing field in which the quality of attorney-client communication is emerging as a top priority. For decades, law has lagged behind medicine and other professions in the empirical study of effective communication. The few studies of attorney-client communication focus mainly on civil cases. They also tend to rely on role-playing by non-lawyers or on post hoc inquiries about past experiences. Direct observation by researchers of real-time defendant-defender communication offers advantages over those approaches, but injecting researchers into the attorney-client dyad is in tension with legal and ethical precepts that protect ...
Public Requitals: Corrective, Retributive, And Distributive Justice, 2018 Brooklyn Law School
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Cleveland State Law Review
The currently predominant view of public requitals for criminal behavior draws on the deontic guidance provided rather sketchily by Kant’s writings. He offers a broad, formal framework for the mandate to respect others and punish those who criminally violate the mandate. As ethical beings, people have the duty to avoid invading the "autonomy space" of others that is delineated by maxims designed to reasonably and fairly balance everyone’s equal liberty and security interests. Once society settles on a complete and coherent set of maxims that determines the reach of one’s autonomy space, it must then turn to ...
Techno-Policing, 2018 Brooklyn Law School
Techno-Policing, I. Bennett Capers
No abstract provided.
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, 2018 William & Mary Law School
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin
No abstract provided.
Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English
Indiana Law Journal
Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the ...
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, 2018 Howard University School of Law
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider
Indiana Law Journal
Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism,1 yet those with criminal records— a population that disproportionately consists of racial minorities—are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the applicant would be likely to be a successful renter. In April of 2016, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued much anticipated guidance dealing directly with the racially disparate impact of barring those with ...
Jurisdiction, The Internet, And The Good Faith Exception: Controversy Over The Government’S Use Of Network Investigative Techniques, Maureen Weidman
Dickinson Law Review
In February 2015, the FBI discovered a website dedicated to child pornography located on the Tor Network, a network designed to protect its users’ identities on the Internet. Due to the structure of the Tor Network, the FBI could not take down the website and identify users who previously accessed the website. Instead, the FBI kept the website operational for 30 days and applied for a search warrant in the Eastern District of Virginia to use a device called a Network Investigative Technique (“NIT”). This device operated similarly to malware and “attached” to computers accessing the website, allowing the government ...
The Heat Of Passion And Blameworthy Reasons To Be Angry, 2018 Cleveland-Marshall College of Law, Cleveland State University
The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich
Law Faculty Articles and Essays
This article seeks to resolve a longstanding conceptual puzzle plaguing the "heat of passion" doctrine--how courts should determine which features, beliefs, or characteristics of a defendant are properly relevant to assessing whether the defendant was sufficiently provoked, and which of those features should be disregarded. This article argues that provocation is not adequate if the reason the defendant became extremely angry is due to some blameworthy belief or attribute of the defendant. A belief is blameworthy if it contradicts the fundamental values of the political community. The blameworthiness principle distinguishes those aspects of the defendant that cannot form a basis ...
Pro Se Appellants: Opportunities For Law Libraries, 2018 Penn State Dickinson Law
Pro Se Appellants: Opportunities For Law Libraries, Liz Reppe
Dickinson Law Review
This article is part of the 2018 Dickinson Law Review Symposium entitled “Access to Justice: Innovations and Challenges in Providing Assistance to Pro Se Litigants.” The author is the state law librarian for Minnesota who reports to the Minnesota Supreme Court. This article surveys various resources that Minnesota provides to unrepresented clients, including the website resources found here: https://perma.cc/R2DP-K9YB. The bulk of the article, however, focuses on Minnesota’s innovative in-person “Appeals Self-Help Clinics.” See https://perma.cc/Y2VN-H2L3.
The article’s discussion of Minnesota’s Appeals Self-Help Clinics begins by highlighting some of the factors that ...
“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, 2018 Penn State Dickinson Law
“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, Kyle Semroc
Dickinson Law Review
The Pennsylvania Protection from Abuse Act (PFAA) empowers victims of domestic violence to obtain protection orders through a hearing process. Once the Protection from Abuse (PFA) process is initiated, a statewide registry system automatically generates a civil record. Currently, no statutory language governing the expungement of a PFA record exists in Pennsylvania, and courts have decided that a right to expungement exists only in limited circumstances. The courts are silent, however, on whether a protection order by consent of the parties with no admission of abuse is available for expungement.
This Comment begins by describing the procedure by which a ...
An Empirical Study Of Rule 609 And Suggestions For Practical Reform, 2018 The Ohio State University Moritz College of Law
An Empirical Study Of Rule 609 And Suggestions For Practical Reform, Ric Simmons
Boston College Law Review
Rule 609 of the Federal Rules of Evidence allows a party to impeach a witness with his or her prior criminal convictions. It is fair to say that this rule is the most criticized of all the Rules of Evidence; scholars have been calling for its reform or outright abolition for decades. These critics argue that the rule relies on propensity evidence, which has very little probative value in evaluating a witness’s truthfulness on the stand, and that—especially when used to impeach a criminal defendant—the evidence carries a high risk of unfair prejudice and often prevents defendants ...
Doctrine On The Run: The Deepening Circuit Split Concerning Application Of The Fugitive Disentitlement Doctrine To Foreign Nationals, Chloe S. Booth
Boston College Law Review
The circuits are currently split on applying the fugitive disentitlement doctrine to a defendant who is a foreign national who resides outside of the United States and is being prosecuted in the United States for conduct that occurred elsewhere. The doctrine provides that a fugitive is prohibited from seeking relief from the justice system whose jurisdiction and authority they evade. Appropriate application of the doctrine is particularly important to foreign defendants as it affects their ability to travel outside of their home country, maintain employment, and protect their personal reputation. This Note discusses the evolution of the fugitive disentitlement doctrine ...
The Right To Counsel But Not The Presence Of Counsel: A Survey Of State Criminal Procedures For Pre-Trial Release, 2018 University of Florida Levin College of Law
The Right To Counsel But Not The Presence Of Counsel: A Survey Of State Criminal Procedures For Pre-Trial Release, John P. Gross
Florida Law Review
There is a widely-held belief that the state provides counsel to indigent criminal defendants at their initial appearance in state court. However, the majority of states do not provide counsel to indigent defendants at their initial appearance when a judicial officer determines conditions of pretrial release. State criminal procedure codes fail to provide the same procedural protections that defendants have in federal court. Indeed, states systems are characterized by predictive determinations regarding guilt, an overemphasis on the potential dangerousness of defendants, a lack of adequate pretrial services, and continued reliance on financial securities.
The U.S. Supreme Court has done ...
Turner-Ing Over A New Leaf: Pre-Charge Plea Negotiations As A Critical Stage For The Purposes Of The Sixth Amendment Right To Counsel, Alexis Berglund
Boston College Law Review
On February 15, 2017, the U.S. Court of Appeals for the Sixth Circuit affirmed that the Sixth Amendment right to counsel does not attach to pre-charge plea negotiations. In so doing, the Sixth Circuit upheld a bright-line rule that the right to counsel does not attach until formal charges have been filed. Two months later, on April 13, 2017, the Sixth Circuit vacated its opinion and granted a rehearing en banc. This Comment argues that pre-charge plea negotiations should be considered a critical stage for the purposes of the Sixth Amendment, and thus defendants should have a Sixth Amendment ...
Being Forced To Code In The Technology Era As A Violation Of The First Amendment Protection Against Compelled Speech, 2018 The Catholic University of America, Columbus School of Law
Being Forced To Code In The Technology Era As A Violation Of The First Amendment Protection Against Compelled Speech, Adrianna Oddo
Catholic University Law Review
Over the past several decades, technological advancements led several courts to hold that computer code is protected as speech under the First Amendment of the Constitution. However, after fourteen people were killed in the 2015 San Bernardino massacre the U.S. Government sought to ignore those findings when it ordered Apple, Inc. to write a computer code to bypass the encryption software on the shooter’s cell phone. To access this particular phone Apple would need to write a code that could potentially compromise its customers’ data and personal information. Apple vehemently opposed the Government’s order and claimed that ...
Testimonial Statements, Reliability, And The Sole Or Decisive Evidence Rule: A Comparative Look At The Right Of Confrontation In The United States, Canada, And Europe, 2018 The Catholic University of America, Columbus School of Law
Testimonial Statements, Reliability, And The Sole Or Decisive Evidence Rule: A Comparative Look At The Right Of Confrontation In The United States, Canada, And Europe, Deborah Paruch
Catholic University Law Review
Criminal trials in the United States are meant to ascertain the truth. But other societal values, such as fairness to the parties and public confidence in the integrity of the process, are at stake as well. Among the cornerstone rights to protect a defendant’s right to a fair trial is the right to confrontation. The right to confrontation enables a criminal defendant to exclude hearsay evidence from a trial when the defendant did not have an opportunity to cross-examine the witness. This right has undergone substantial changes and revisions over the last decade, both in the United States and ...
Legitimacy, Authority, And The Right To Affordable Bail, 2018 College of William & Mary Law School
Legitimacy, Authority, And The Right To Affordable Bail, Colin Starger, Michael Bullock
William & Mary Bill of Rights Journal
Bail reform is hot. Over the past two years, jurisdictions around the country have moved to limit or end money bail practices that discriminate against the poor. Although cheered on by many, bail reform is vehemently opposed by the powerful bail-bond industry. In courts around the country, lawyers representing this industry have argued that reform is unnecessary, and even unconstitutional. One particularly insidious argument advanced by bail-bond apologists is that a “wall of authority” supports the proposition that “bail is not excessive merely because the defendant is unable to pay it.” In other words, authority rejects the right to affordable ...
The Grand Jury: A Shield Of A Different Sort, 2018 Boston College Law School
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii
R. Michael Cassidy
According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward about police ...