Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, 2023 University of Miami School of Law
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Articles
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …
Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, 2023 Boston University School of Law
Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker
Faculty Scholarship
This paper studies the impact of adult prosecution on recidivism and employment trajectories for adolescent, first-time felony defendants. We use extensive linked Criminal Justice Administrative Record System and socio-economic data from Wayne County, Michigan (Detroit). Using the discrete age of majority rule and a regression discontinuity design, we find that adult prosecution reduces future criminal charges over 5 years by 0.48 felony cases (↓ 20%) while also worsening labor market outcomes: 0.76 fewer employers (↓ 19%) and $674 fewer earnings (↓ 21%) per year. We develop a novel econometric framework that combines standard regression discontinuity methods with predictive machine learning …
Negligent Hiring: Recidivism And Employment With A Criminal Record, 2023 Boston University School of Law
Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin David Pyle
Faculty Scholarship
This paper tackles a difficult legal and policy challenge—reducing the impact of criminal justice records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, 2023 William & Mary Law School
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin
Popular Media
No abstract provided.
Brief Of Exonerees As Amici Curiae In Support Of Appellant, 2023 Perlmutter Center for Legal Justice at Cardozo Law
Brief Of Exonerees As Amici Curiae In Support Of Appellant, Derrick Hamilton
Perlmutter Center Amicus Briefs
Amici includes a group of wrongfully convicted individuals who spent years ( for most, decades) in prison for crimes they did not commit. They submit this brief in support of Damien Echols' appeal to the Supreme Court of Arkansas out of concern that, left uncorrected, the decision below would undermine the fundamental right to prove one's innocence and as such suffer the consequences left. Additionally, exonerees suffer beyond anyone's imagination and this Court should not ignore the voices of those who have been similarly situated to that of Damien Echols.
Amici understands all too well the importance of such safeguards. …
Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, 2023 Associate Professor of Criminal Law, College of Law, Ajman University, United Arab Emirates
Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Abdulaziz Al-Hassan Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one.
The legislator …
Jordanian Efforts In Combating The Crime Of Terrorism, 2023 Al-Zaeem Al-Azhari University- Sudan
Jordanian Efforts In Combating The Crime Of Terrorism, Mohammad Salameh Alsakarna
Journal of the Association of Arab Universities for Research in Higher Education (مجلة اتحاد الجامعات العربية (للبحوث في التعليم العالي
The study aimed to identify the Jordanian efforts in combating the crime of terrorism by using a comprehensive analytical descriptive legal methodology. The most important results of the study were as follows: A terrorist crime is an international crime because it endangers international peace and security, even if it occurs within countries and from groups that hold its nationality. Jordan's issuance of modern law to prevent terrorism came as a result of global circumstances represented in the growing role of international efforts aimed at combating and eliminating terrorism. Most of the criminal legislation singled out special provisions for the trial …
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, 2023 Utah Valley University
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen
Tribal Law Journal
Understanding jurisdiction is paramount to deciding whether federal, state, or tribal courts can exercise jurisdiction for crimes committed in Indian country. The evolution of federal Indian law has created a legal landscape that is far from consistent. For the Indian law practitioner, it is important to stay abreast of the latest case law available to understand where proper jurisdiction lies. The latest cases of McGirt v. Oklahoma and United States v. Cooley are the newest case law available that demonstrate the Supreme Court’s reasoning and analysis in determining proper jurisdiction.
Inventing Deportation Arrests, 2023 Benjamin N. Cardozo School of Law
Inventing Deportation Arrests, Lindsay Nash
Articles
At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …
Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, 2023 University of Richmond School of Law
Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims
University of Richmond Law Review
“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”
Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …
Collusive Prosecution, 2023 Arizona State University
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Law & Economics Working Papers
In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …
Democratizing Tthe Eighth Amendment, 2023 Villanova University Charles Widger School of Law
Democratizing Tthe Eighth Amendment, Erin E. Braatz
Villanova Law Review
No abstract provided.
There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, 2023 Villanova University Charles Widger School of Law
There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong
Villanova Law Review
No abstract provided.
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, 2023 Villanova University Charles Widger School of Law
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela
Villanova Law Review
No abstract provided.
An Archival Exploration Of Lineup Fairness In Eyewitness Research, 2023 CUNY John Jay College
An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane
Student Theses
In this study, we were interested in investigating if the Betaface facial analysis program reliably predicts eyewitness lineup choosing behavior. If face analysis programs are as good or better than human judgements, using them could be a reliably more efficient, reproducible, and equitable basis for choosing fillers and evaluating lineup fairness. We collected 27 datasets from eyewitness researchers and analyzed them to produce Betaface similarity values, which measured the similarity between all the photos in each array. We compared these Betaface data to the identification data from the original studies. Our analysis of the arrays via Betaface yielded data with …
Prostitution And Pornography: Reforming A Perspective, 2023 Liberty University
Prostitution And Pornography: Reforming A Perspective, Mayce Combs
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …
Drug Ideologies Of The United States, 2023 Liberty University
Drug Ideologies Of The United States, Macy Montgomery
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …
Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, 2023 Liberty University
Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, Christopher J. Boosey
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, 2023 Seattle University School of Law
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons
Seattle Journal of Technology, Environmental & Innovation Law
The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.
This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …
“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, 2023 New York Law School
“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
University of Miami Law Review
Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome dis- order (“FASD”) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. In this Article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts in cases involving defendants with FASD and consider adequacy of counsel. Next, we will discuss the impact of FASD on the …