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Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak 2015 Pace University School of Law

Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak

Pace Law Review

This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery ...


Criminal Mind Or Inculpable Adolescence? A Glimpse At The History, Failures, And Required Changes Of The American Juvenile Correction System, Christopher J. Menihan 2015 Pace University School of Law

Criminal Mind Or Inculpable Adolescence? A Glimpse At The History, Failures, And Required Changes Of The American Juvenile Correction System, Christopher J. Menihan

Pace Law Review

This Comment provides an historical analysis of the principles, understandings and laws that have formed and altered the American juvenile correction system. Part I offers an historical synopsis of the societal understanding that juvenile offenders are less culpable than their adult counterparts and explains the process by which this concept came to permeate early American common law. By discussing the early nineteenth-century juvenile correction reformation movement and the cases that followed, Part I also illustrates the development and early failures of the American juvenile correction system. Part II explains the history of juvenile waiver laws, from their early presence in ...


Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf 2015 Pace University School of Law

Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf

Pace Law Review

Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants ...


#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning 2015 Passman & Jones

#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning

Pace Law Review

In order to better understand witness intimidation in the age of social media, one must examine both the forms it has taken as well as the response by law enforcement and the criminal justice system. As this article points out, the digital age has brought with it a host of new ways in which witnesses may be subjected to online harassment and intimidation across multiple platforms, and those means have been used to target not only victims and fact witnesses but even prosecutors and expert witnesses as well. The article will also examine potential responses to the problem of witness ...


The Challenges Of Preventing And Prosecuting Social Media Crimes, Thaddeus Hoffmeister 2015 University of Dayton School of Law

The Challenges Of Preventing And Prosecuting Social Media Crimes, Thaddeus Hoffmeister

Pace Law Review

The adoption and use of social media by a broad spectrum of criminal defendants has raised some significant challenges for those tasked with crime prevention. This article will look at those challenges through the lens of three cases involving social media: United States v. Drew, United States v. Sayer, and United States v. Cassidy. However, prior to beginning that examination, this article will briefly discuss and categorize the various ways criminal defendants employ social media.


“Cracking” The Code: Interpreting Sentence Reduction Requirements In Favor Of Eligibility For Crack Cocaine Offenders Who Avoided A Mandatory Minimum For Their Substantial Assistance To Authorities, Catherine DiVita 2015 Boston College Law School

“Cracking” The Code: Interpreting Sentence Reduction Requirements In Favor Of Eligibility For Crack Cocaine Offenders Who Avoided A Mandatory Minimum For Their Substantial Assistance To Authorities, Catherine Divita

Boston College Law Review

In 2010, the Fair Sentencing Act (“FSA”) increased the quantities triggering mandatory minimums for crack cocaine offenses and directed the U.S. Sentencing Commission (“USSC”) to make similar reductions to the crack cocaine guideline ranges. After the USSC made these changes retroactive, offenders sentenced in accordance with the previous scheme sought sentence reductions. Due to the circuit courts’ differing interpretations of the eligibility requirements for a reduction, similarly situated offenders who avoided a mandatory minimum for performing substantial assistance to authorities have experienced different outcomes. This Note argues that courts should consistently hold such offenders eligible for retroactive sentencing reductions ...


Unknowable Remedies: Albino V. Baca, The Plra Exhaustion Requirement, And The Problem Of Notice, Ethan Rubin 2015 Boston College Law School

Unknowable Remedies: Albino V. Baca, The Plra Exhaustion Requirement, And The Problem Of Notice, Ethan Rubin

Boston College Law Review

On April 3, 2014, in Albino v. Baca, the U.S. Court of Appeals for the Ninth Circuit held that when a prisoner plaintiff has not been informed of a prison administrative remedy, that remedy is effectively unavailable to the prisoner for the purposes of the exhaustion requirement of the Prison Litigation Reform Act (PLRA). This decision conflicts with what a majority of other circuits have established and widens the gap between those circuits on this issue. This Comment argues for the U.S. Supreme Court to resolve this circuit split in a future case and hold that to fail ...


Limited Faith In The Good Faith Exception: The Third Circuit Requires A Warrant For Gps Searches And Narrows The Scope Of The Davis Exception To The Exclusionary Rule In United States V. Katzin, Clare Hanlon 2015 Boston College Law School

Limited Faith In The Good Faith Exception: The Third Circuit Requires A Warrant For Gps Searches And Narrows The Scope Of The Davis Exception To The Exclusionary Rule In United States V. Katzin, Clare Hanlon

Boston College Law Review

On October 22, 2013, in United States v. Katzin, the U.S. Court of Appeals for the Third Circuit held that police and federal agents must obtain a warrant prior to attaching a GPS device on a vehicle. In doing so, the Third Circuit became the first federal appeals court to add a warrant requirement to the practice of GPS tracking by the police. The court also held that the good faith exception did not excuse the warrantless use of a GPS device, and that law enforcement’s reliance on out-of-circuit or distinguishable authority alone was insufficient to support a ...


When Freedom Prevents Vindication: Why The Heck Rule Should Not Bar A Prisoner’S § 1983 Action In Deemer V. Beard, Alice Huang 2015 Boston College Law School

When Freedom Prevents Vindication: Why The Heck Rule Should Not Bar A Prisoner’S § 1983 Action In Deemer V. Beard, Alice Huang

Boston College Law Review

In 2014, in Deemer v. Beard, the U.S. Court of Appeals for the Third Circuit held that the Heck v. Humphrey rule required all plaintiffs seeking damages for unconstitutional conviction under § 1983 to demonstrate that the criminal proceeding in question terminated in their favor. This decision defies a majority of circuit courts, which have held that there exists an exception to Heck if the plaintiff does not have other federal means of redress. In its decision, the Third Circuit aligned itself with three other appellate courts that did not take a plaintiff’s lack of access to other means ...


The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt 2015 United States Court of Appeals for the Ninth Circuit

The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt

Michigan Law Review

The collapse of habeas corpus as a remedy for even the most glaring of constitutional violations ranks among the greater wrongs of our legal era. Once hailed as the Great Writ, and still feted with all the standard rhetorical flourishes, habeas corpus has been transformed over the past two decades from a vital guarantor of liberty into an instrument for ratifying the power of state courts to disregard the protections of the Constitution. Along with so many other judicial tools meant to safeguard the powerless, enforce constitutional rights, and hold the government accountable, habeas has been slowly eroded by a ...


Against Solitary Confinement: Jonah's Redemption And Our Need For Mercy, Margo Schlanger 2015 University of Michigan Law School

Against Solitary Confinement: Jonah's Redemption And Our Need For Mercy, Margo Schlanger

Articles

Author’s Note: This essay is adapted from one I wrote in September 2013 to give as a d’var Torah for Yom Kippur, and published in Tablet, an online Jewish magazine. Mostly, I’ve added footnotes. As a law professor, I am far more expert at constitutional than biblical exegesis. But perhaps because the Bible and the Constitution share their status as instrumental and highly authoritative documents, my own subjective experience of developing a reading or critique of both has turned out to be remarkably similar. Both exercises require close textual reading and wide-ranging investigation of its extant interpretations ...


Justice Reform: Who's Got The Power, Yevgeniy Mayba 2015 San Jose State University

Justice Reform: Who's Got The Power, Yevgeniy Mayba

Themis: Research Journal of Justice Studies and Forensic Science

As the US prison population continues to rise despite the significant decrease in crime rates, scholars and social activists are demanding comprehensive reforms to the penal system that disproportionately affects minorities and the poor and has become a significant burden on the taxpayers. This paper examines some of the processes that contributed to the rise of the modern day carceral state, such as the determinate sentencing reform and the proliferation of mandatory minimum sentencing. It also explores the unintended consequences of these penal developments and traces the reaction and subsequent resistance to these sentencing schemes from the judiciary, as well ...


Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz 2015 San Jose State University

Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz

Themis: Research Journal of Justice Studies and Forensic Science

United States conservatism and neoliberalism have created a market for prison privatization. The business of making money from incarcerated bodies is in direct conflict with the goals of the justice system. Driving economic and political forces are examined and used to explain the rising prison-industrial complex. Private prison performance is measured by recidivism, cost, inmate rights, and quality of confinement. This paper suggests that prison privatization must be reformed or abolished to improve the corrections system in the United States.


Veil V. Bennett, 131 Nev. Adv. Op. 22 (Apr. 30, 2015), Jaymes Orr 2015 Nevada Law Journal

Veil V. Bennett, 131 Nev. Adv. Op. 22 (Apr. 30, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that, although a sheriff has a duty to diligently execute arrest warrants, he is within his discretion to determine how to best execute the arrest warrants. The statute does not impose a duty to enter the warrant information into an electronic database.


Evidentiary Rulings As Police Reform, Seth W. Stoughton 2015 University of South Carolina - Columbia

Evidentiary Rulings As Police Reform, Seth W. Stoughton

Faculty Publications

How can law be a mechanism for police reform? The most familiar answer, for legal scholars who work on the regulation of law enforcement, is as a deterrent: the law sets some limit on police behavior and imposes some sanction for violations. But the deterrent model is not the only method through which the law can affect police behaviors. In this article, Stoughton contends that evidentiary considerations have the potential to change both police training and agency culture. Stoughton’s contention is based on the observation that evidentiary considerations have shaped not just police behavior but also the culture of ...


Modos De Extinción De La Propiedad, Ronald Benjamin Jallurana Añamuro 2015 UNAP

Modos De Extinción De La Propiedad, Ronald Benjamin Jallurana Añamuro

RONALD B. Jallurana Añamuro

De acuerdo al C. C. (art. 968) la propiedad se extingue por: 1. Adquisición del bien por otra persona. 2. Destrucción o pérdida total o consumo del bien. 3. Expropiación. 4. Abandono del bien durante veinte años, en cuyo caso pasa el predio al dominio del estado.


Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. MacLean, James J. Berles 2015 Indiana Tech Law School

Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. Maclean, James J. Berles

Adam Lamparello

Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable.Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percent of those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although ...


R V Fearon Case Commentary, Western Journal of Legal Studies Editorial Board 2015 Western University

R V Fearon Case Commentary, Western Journal Of Legal Studies Editorial Board

Western Journal of Legal Studies

The widespread use of smart phones and similar devices for data management has created significant constitutional and criminal law issues. This is evident in the context of protection by the Charter with respect to unreasonable search and seizure. When an individual’s section 8 rights are breached, an assessment of the admissibility of evidence under section 24(2) of the Charter is required. In R v Fearon, the Supreme Court of Canada established new limits on the police power to search cell phones and similar devices incident to arrest. Cromwell J stated that these measures do not “represent the only ...


Law Enforcement's "Warrior Problem", Seth W. Stoughton 2015 University of South Carolina - Columbia

Law Enforcement's "Warrior Problem", Seth W. Stoughton

Faculty Publications

Within law enforcement, few things are more venerated than the concept of the Warrior. Officers are trained to cultivate a “warrior mindset,” the virtues of which are extolled in books, articles, interviews, and seminars intended for a law enforcement audience. An article in Police Magazine opens with a sentence that demonstrates with notable nonchalance just how ubiquitous the concept is: “[Officers] probably hear about needing to have a warrior mindset almost daily.” Modern policing has so thoroughly assimilated the warrior mythos that, at some law enforcement agencies, it has become a point of professional pride to refer to the “police ...


Process Costs And Police Discretion, James J. Prescott, Charlie Gerstein 2015 University of Michigan Law School

Process Costs And Police Discretion, James J. Prescott, Charlie Gerstein

Articles

Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these process costs ...


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