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Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz 2018 Syracuse University

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre

Nevada Law Journal

No abstract provided.


Media Framing Of Wrongful Convictions, Eza B. Zakirova 2018 CUNY John Jay College

Media Framing Of Wrongful Convictions, Eza B. Zakirova

Student Theses

Wrongful convictions are a major issue hindering the effectiveness and legitimacy of the criminal justice system. The topic has become a focus of media attention. Among the issues raised are the contributing factors to wrongful convictions, such as false confessions, false or misleading forensic evidence, official misconduct, mistaken witness identification, and perjury or false accusations. The following study examines how media frames these contributing factors of wrongful convictions using Loseke's social constructionist framework, which is useful for deconstructing the issue’s diagnostic, motivational and prognostic frames -- that is, how media consumers assess the causes, solutions, and the reasons to ...


Rhode Island's Top Lawyer: Peter Kilmartin, Rwu Class Of 1998 5-2018, Roger Williams University School of Law 2018 Roger Williams University

Rhode Island's Top Lawyer: Peter Kilmartin, Rwu Class Of 1998 5-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Transcending Through Education: Noah Kilroy, Rwu Class Of 2013 5-2018, Roger Williams University School of Law 2018 Roger Williams University

Transcending Through Education: Noah Kilroy, Rwu Class Of 2013 5-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Errors In Misdemeanor Adjudication, Samuel R. Gross 2018 University of Michigan Law School

Errors In Misdemeanor Adjudication, Samuel R. Gross

Articles

Millions of defendants are convicted of misdemeanors in the United States each year but almost none obtain exonerations, primarily because ordinarily exoneration is far too costly and time consuming to pursue for anything less than years of imprisonment. The National Registry of Exonerations lists all known exonerations in the United States since 1989 — 2,145 cases, as of the end of 2017; only 85 are misdemeanors, 4%. In all but one of these misdemeanor exonerations the defendants were convicted of crimes that never happened; by comparison, more than three-quarters of felony exonerees were convicted of actual crimes that other people ...


The Implementation Of The Family Chaos Diversion Pilot In Worcester, Massachusetts, Nina Thacker 2018 Clark University

The Implementation Of The Family Chaos Diversion Pilot In Worcester, Massachusetts, Nina Thacker

International Development, Community and Environment (IDCE)

In October 2017, the city of Worcester began a three-month pilot program that worked to divert youth charged with domestic assault and battery crimes away from the criminal justice system and towards restorative services. Studies show that incapacitation, especially of low level offenders, does not reduce crime or produce better outcomes for individuals, families, or communities. Thus, it is essential to explore alternatives, such as diversion programs, that work to downsize the prison population, target the factors contributing to delinquency, and rehabilitate rather than purely punish offenders. For this study, I interviewed personnel involved in the implementation of the Family ...


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing 2018 University of San Francisco

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner 2018 Bowling Green State University

Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner

Honors Projects

This research investigated the life course outcomes of respondents who have been arrested during adolescence. Although the creation of the juvenile justice system is relatively recent, only existing for 119 years, there is a need for data on the impact this system has on society. The pre-existing knowledge and literature on juvenile delinquency and the criminal justice system often fails to capture longitudinal data. Most scholars on this issue will discuss the immediate effects of things like incarceration and placement or what influences delinquency, ignoring the long-term consequences or life outcomes of those that have been arrested prior to 18 ...


Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough 2018 Bowling Green State University

Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough

Honors Projects

“To protect our kids, we’ve given law enforcement new tools to fight human trafficking (Brett Guthrie).” Though Brett’s hopeful sentiment portrays a police force that is ready to battle the epidemic of modern day slavery, research has shown that local officers are sorely uneducated on the subject. The main focus of this paper is the link between the prevalence of human trafficking in the U.S. and the lack of local law enforcement training on the issue. The first section will be a brief overview of human trafficking, defining and discussing a few relevant details about it first ...


Correcting Correctional Suicide: Qualified Immunity And The Hurdles To Comprehensive Inmate Suicide Prevention, Venus Chui 2018 Boston College Law School

Correcting Correctional Suicide: Qualified Immunity And The Hurdles To Comprehensive Inmate Suicide Prevention, Venus Chui

Boston College Law Review

Suicide is the leading cause of death in U.S. jails, and the second leading cause of death in U.S. prisons. Suicidal behavior among inmates largely stems from the custodial environment and inmates’ difficulties coping with incarceration. Unfortunately, many correctional facilities lack the comprehensive suicide prevention policies necessary to reduce inmate suicides. Under the qualified immunity doctrine, current law also shields correctional authorities from liability for failure to implement adequate suicide prevention programs in their facilities. As a result, corrections officials lack incentive to enhance their efforts toward reducing inmate suicides, and families of inmate suicide victims have limited ...


Legal Limbo: The Fifth Circuit's Decision In Turner V. Driver Fails To Clarify The Contours Of The Public's First Amendment Right To Record The Police, Stephanie Johnson 2018 Boston College Law School

Legal Limbo: The Fifth Circuit's Decision In Turner V. Driver Fails To Clarify The Contours Of The Public's First Amendment Right To Record The Police, Stephanie Johnson

Boston College Law Review

On February 16, 2017, the U.S. Court of Appeals for the Fifth Circuit, in Turner v. Driver, held that the public has a First Amendment right to record the police that is subject only to reasonable time, place, and manner restrictions. Although Turner established that the public has a First Amendment right to film the police, the decision skirted the question of whether the particular conduct in Turner—video recording police activity and/or video recording the police station—was an activity protected by the First Amendment. This Comment argues that the Fifth Circuit erred in not clarifying the ...


Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, Peter Diliberti 2018 Boston College Law School

Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, Peter Diliberti

Boston College Law Review

On February 2, 2017, the U.S. Court of Appeals for the Eighth Circuit decided Kulkay v. Roy and affirmed the U.S. District Court for the District of Minnesota’s dismissal of plaintiff’s civil rights claims under the Eighth and Fourteenth Amendments. The plaintiff, a former inmate at a Minnesota correctional facility, sued the correctional facility and related officials for failing to install safety features on a piece of machinery and not providing him with adequate usage training after he suffered damage to his hand while operating the beam saw. The district court held that the plaintiff inmate ...


Police Lineups And Eyewitness Identification, Alessandra Ricigliano 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 ...


A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong 2018 Boston College Law School

A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong

Boston College Law School Faculty Papers

There is no doubt that the law of rape is in need of reform. Compared to other crimes, reported rapes are convicted at 1/3 the rate of robberies and 1/6 the rate of assaults. Because knowing the identity of an assailant should lead to more, not fewer, convictions, this low conviction rate then is surprising given that acquaintance rapes—where the attacker is known to the victim—account for 80% of all rapes. Criminal law serves a vital purpose when it can clearly define criminal conduct and separate it from lawful activity. To effectively draw this line, criminal ...


Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English 2018 Indiana University

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, Valerie Schneider 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 ...


Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin 2018 William & Mary Law School

Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin

Michigan Law Review

A review of John F. Pfaff, Locked In: The True Causes of Mass Incarceration - And How to Achieve Real Reform.


Getting It Righted: Access To Counsel In Rapid Removals, Kari E. Hong, Stephen Manning 2018 Boston College Law School

Getting It Righted: Access To Counsel In Rapid Removals, Kari E. Hong, Stephen Manning

Boston College Law School Faculty Papers

Rapid removals — the catchall phrase for expedited removal, reinstatement of removal, and administrative orders — have been devastatingly efficient, accounting for 76 percent of all removals that have occurred in the past 20 years. That means that 4.2 million people have been ordered out of the country without a hearing, without a judge, without an appeal, and without an attorney. In 2014, President Obama made a political calculus to push asylum seekers, mostly mothers with their children fleeing from Central America, out of the country within 10 to 15 days to deter others from seeking protection in the United States ...


Policing, Technology, And Doctrinal Assists, Bennett Capers 2018 University of Florida Levin College of Law

Policing, Technology, And Doctrinal Assists, Bennett Capers

Florida Law Review

Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government’s use of technology as a surveillance tool is an “insidious assault on our freedom.” That it is “nearly impossible to live today without generating thousands of records about what we watch, read, buy and do—and the government has access to them.” The message is clear. Big Brother is watching. And we should be afraid.

But the police use of technology, or what this Article terms “techno-policing,” does not have to be dystopian. This Article challenges conventional thinking and ...


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