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#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 ...


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.


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 ...


Newsroom: A Closer Look At Mass Incarceration, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: A Closer Look At Mass Incarceration, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Mexico’S Catch-22: How The Necessary Extradition Of Drug Cartel Leaders Undermines Long-Term Criminal Justice Reforms, Walter Rodriguez 2015 Boston College Law School

Mexico’S Catch-22: How The Necessary Extradition Of Drug Cartel Leaders Undermines Long-Term Criminal Justice Reforms, Walter Rodriguez

Boston College International and Comparative Law Review

Grisly cartel violence has plagued Mexico in recent decades, effectively destabilizing its government and encasing its citizenry in trepidation and fear. A joint operation between Mexican Marines and the U.S. Drug Enforcement Administration in February 2014, however, finally penetrated the myth of invulnerability for drug trafficking organizations with the arrest of that world’s most powerful leader, Joaquin “El Chapo” Guzmán. Although this development is evidence of Mexican law enforcement’s newfound ability to track and capture the most dominant of drug bosses, Mexico’s criminal justice system continues to lack the requisite structure, political will, and expertise to ...


Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, Hugh M. Mundy 2015 The John Marshall Law School

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, Hugh M. Mundy

Boston College Journal of Law & Social Justice

As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual ...


Banning The Bing: Why Extreme Solitary Confinement Is Cruel And Far Too Usual Punishment, Elizabeth Bennion 2015 BYU Law School

Banning The Bing: Why Extreme Solitary Confinement Is Cruel And Far Too Usual Punishment, Elizabeth Bennion

Indiana Law Journal

The United States engages in extreme practices of solitary confinement that maximize isolation and sensory deprivation of prisoners. The length is often indefinite and can stretch for weeks, months, years, or decades. Under these conditions, both healthy prisoners and those with preexisting mental-health issues often severely deteriorate both mentally and physically. New science and data provide increased insight into why and how human beings (and other social animals) deteriorate and suffer in such environments. The science establishes that meaningful social contacts and some level of opportunity for sensory enrichment are minimum human necessities. When those necessities are denied, the high ...


Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger 2015 University of Michigan Law School

Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger

Articles

This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The strategies comply with the statute’s limits yet also allow U.S. district courts to remain a forum for the vindication of the constitutional rights of at least some of the nation’s millions of prisoners. After Part I’s introduction, Part II summarizes in several charts the PLRA’s sharp impact on the prevalence and outcomes of prison litigation, but demonstrates that there are still many cases and ...


Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger 2015 University of Michigan Law School

Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger

Articles

The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined prisoners' ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners' meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys' fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It ...


“This Experiment, So Fatal”: Some Initial Thoughts On Strategic Choices In The Campaign Against Solitary Confinement, Elizabeth Alexander 2015 UC Irvine School of Law

“This Experiment, So Fatal”: Some Initial Thoughts On Strategic Choices In The Campaign Against Solitary Confinement, Elizabeth Alexander

UC Irvine Law Review

No abstract provided.


Supermax Administration And The Eighth Amendment: Deference, Discretion, And Double Bunking, 1986–2010, Keramet Reiter 2015 UC Irvine

Supermax Administration And The Eighth Amendment: Deference, Discretion, And Double Bunking, 1986–2010, Keramet Reiter

UC Irvine Law Review

No abstract provided.


Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger 2015 University of Michigan Law School

Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger

UC Irvine Law Review

No abstract provided.


Jury Sentencing And Juveniles: Eighth Amendment Limits And Sixth Amendment Rights, Sarah French Russell 2015 Quinnipiac University School of Law

Jury Sentencing And Juveniles: Eighth Amendment Limits And Sixth Amendment Rights, Sarah French Russell

Boston College Law Review

Across the country, states are grappling with how to comply with the U.S. Supreme Court’s recent decision in Miller v. Alabama, which held that mandatory life-without-parole sentences for juveniles violate the Eighth Amendment. Following Miller, it appears a sentencer may impose life without parole on a juvenile homicide offender only in those rare instances in which the sentencer determines, after considering the mitigating qualities of youth, that the juvenile’s crime reflects “irreparable corruption.” Courts are preparing to conduct resentencing hearings in states nationwide, and new cases where juveniles face the possibility of life in prison are entering ...


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