Draft Report Of The Somali Criminal Law Recodification Initiative, 2017 University of Pennsylvania Law School
Draft Report Of The Somali Criminal Law Recodification Initiative, Paul H. Robinson, Criminal Law Research Group
The Government of Somalia and the International Development Law Organization (IDLO) jointly commissioned the drafting of a modern criminal code for Somalia that embodies fundamental Islamic principles. The proposed code developed by the Criminal Law Research Group in cooperation with the major Somali players of the criminal justice process is a modern and comprehensive penal code incorporating numerous cutting-edge innovations in drafting forms, code structure, and criminal law doctrine. It is also the first and only such code incorporating the major tenets and principles of Islamic law as currently practiced in Somalia. This two-volume report to the Somali Working Group ...
Civil Liberty Or National Security: The Battle Over Iphone Encryption, 2017 Georgia State University College of Law
Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell
Georgia State University Law Review
On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.
Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started ...
Race And Wrongful Convictions In The United States, 2017 University of Michigan Law School
Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens
African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the ...
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, 2017 Vanderbilt University Law School
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin
No abstract provided.
Big Budget Productions With Limited Release: Video Retention Issues With Body-Worn Cameras, 2017 Fordham University School of Law
Big Budget Productions With Limited Release: Video Retention Issues With Body-Worn Cameras, Bradley X. Barbour
Fordham Law Review
Since 2013, there has been growing support for police body-worn cameras in the wake of several high-profile and controversial encounters between citizens and law enforcement. The federal government has justified budgetary measures funding body-worn camera programs as a means to facilitate trust between law enforcement and the public through the objectivity of video footage—a sentiment supported by many lawmakers advocating for implementation of this technology. These policy goals, however, are stymied by a deficiency of police department policies and state statutes regulating the retention of footage and close adherence of states to the precedent of Arizona v. Youngblood, which ...
Beyond Law And Fact: Jury Evaluation Of Law Enforcement, 2017 Temple University Beasley School of Law
Beyond Law And Fact: Jury Evaluation Of Law Enforcement, Lauren M. Ouziel
Notre Dame Law Review
Criminal trials today are as much about the adequacy and legitimacy of the defendant’s accusers—police and prosecutors—as the alleged deeds of the accused. Yet we lack theory to conceptualize this reality, doctrine to set its parameters, and institutional mechanisms to adapt to it. The traditional framework used by courts and scholars to delineate the jury’s role—along the continuum between “fact-finding” and “law-finding”—is inadequate to the task. Jury evaluations of law enforcement are more accurately conceptualized as enforcement-finding, a process that functions both in and outside that continuum. In considering enforcement-finding’s justification and proper ...
Police Interrogations, False Confessions, And Alleged Child Abuse Cases, 2017 University of San Francisco
Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo
University of Michigan Journal of Law Reform
A discussion on false confession cases in the United States.
Rationing Criminal Justice, 2017 Cardozo Law School
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate ...
The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, 2017 Singapore Management University
The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen
Research Collection School Of Law
In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the changes that ...
The Constitutionality Of The Immigration And Nationality Act Called Into Question Again: The Ninth Circuit Correctly Holds "Obstruction Of Justice" Raises Grave Constitutional Concerns In Valenzuela Gallardo V. Lynch, 2017 Boston College Law School
The Constitutionality Of The Immigration And Nationality Act Called Into Question Again: The Ninth Circuit Correctly Holds "Obstruction Of Justice" Raises Grave Constitutional Concerns In Valenzuela Gallardo V. Lynch, Taylor Gibson
Boston College Law Review
On March 31, 2016, in Valenzuela Gallardo v. Lynch, the U.S. Court of Appeals for the Ninth Circuit found that the phrase “an offense relating to obstruction of justice,” used as one definition of an aggravated felony within the Immigration and Nationality Act, raised grave unconstitutional vagueness concerns because there are no limits to where the process of justice begins and ends. This issue, identified by the Ninth Circuit, was not addressed by the Second or Eighth Circuits despite these courts interpreting the same statutory provision in separate cases. This Comment argues that the Ninth Circuit was correct on ...
Factors Affecting Mental Health Seeking Behaviors Of Law Enforcement Officers, 2017 Brandman University
Factors Affecting Mental Health Seeking Behaviors Of Law Enforcement Officers, Vincent M. Haecker
The intent of this study was to elicit perspectives from law enforcement counselors, clinicians, chaplains, and peer group leaders for factors affecting law enforcement officer’s (LEOs) seeking mental health assistance. The law enforcement and mental health communities have gone to great lengths to ensure assistance is available to LEOs in an effort to counter the stress and trauma associated with the policing profession. Past studies attempted to elicit LEOs attitudes on mental health services, generating mixed results and were unable to establish why available services were underutilized. This study employed a qualitative methodology to elicit perspectives on this phenomena ...
Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, 2017 University of Houston Law Center
Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton
Boston College Law Review
In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law.
The Persistence Of Fatal Police Taserings 2016, 2017 University of Georgia School of Law
The Persistence Of Fatal Police Taserings 2016, Donald E. Wilkes Jr.
In this Article, Professor Wilkes updates his research on police tasering by surveying the fatal taserings by police officers that occurred in 2016.
Knock And Talk No More, 2017 University of Maine School of Law
Knock And Talk No More, Jamesa J. Drake
Maine Law Review
The Supreme Court has set out a roadmap for challenging one of the most common and insidious police tactics used today: the knock-and-talk. The path is short and clear and it leads to the inescapable conclusion that the knock-and-talk—as it is actually employed in practice—is unconstitutional. Although the Court has yet to squarely consider the issue, some Justices have already taken pains to say, in dictum, that knock-and-talks are lawful. Practitioners should not be dissuaded. What this faction of the Court describes is a highly romanticized—and utterly inaccurate—conception of what a knock-and-talk actually entails. The sort ...
How Should Justice Policy Treat Young Offenders?, 2017 Yale University - Department of Psychology
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?
A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults ...
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, 2017 The Graduate Center, City University of New York
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
All Graduate Works by Year: Dissertations, Theses, and Capstone Projects
This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each ...
Moneyball Sentencing, 2017 University of New Mexico School of Law
Moneyball Sentencing, Dawinder Sidhu
Sentencing is a backward- and forward-looking enterprise. That is, sentencing is informed by an individual’s past conduct as well as by the criminal justice system’s prediction of the individual’s future criminal conduct. Increasingly, the criminal justice system is making these predictions on an actuarial basis, computing the individual’s risk of recidivism according to the rates of recidivism for people possessing the same group characteristics (e.g., race, sex, socio-economic status, education). The sentencing community is drawn to this statistical technique because it purportedly distinguishes with greater accuracy the high-risk from the low-risk, and thereby allows for ...
Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett
Boston College Law Review
The juvenile justice system is predicated on a theory of rehabilitation with concern for protecting juveniles and society. For lesbian, gay, bisexual, and transgender (“LGBT”) youth, however, the system has developed into a punitive arrangement. LGBT youth face higher rates of criminalization and incarceration for non-violent crimes than any other group of youth. They also face unique threats, including sexual, physical, and emotional harassment; isolation; and a lack of medical care. Transgender youth are especially impacted. In response, victims have increasingly brought constitutional claims against federal prison officials for unconstitutional conditions of confinement. The courts are inconsistent on whether the ...
Rape Law Gatekeeping, 2017 University of Kansas School of Law
Rape Law Gatekeeping, Corey Rayburn Yung
Boston College Law Review
Police across the United States regularly act as hostile gatekeepers who prevent rape complaints from advancing through the criminal justice system by fervently policing the culturally disputed concept of “rape.” Victims are regularly disbelieved, rape kits are discarded without investigation, and, as a result, rapists remain free. The substantial empirical evidence and stories from victims across the United States demonstrate that any success in decreasing sexual violence hinges on removing the numerous police-imposed obstacles inhibiting investigation and adjudication in rape cases, beginning with substantial reform of police practices. An examination of modern cases and the historical record indicates that the ...
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, 2017 Pepperdine University
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir
Pepperdine Law Review
Despite its devastating psychological, physical, and developmental effects on juveniles, solitary confinement is used in juvenile correctional facilities across the United States. This Comment posits that such treatment violates the Eighth Amendment’s Cruel and Unusual Punishment Clause, the United Nations’ Convention on the Rights of the Child, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. It likewise argues that that President Obama’s recent Executive Order banning juvenile solitary confinement is simply not a powerful enough remedy and discusses why it must be paired with Congressional legislation or Supreme Court jurisprudence if it ...