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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 ...


The State Of American Juvenile Justice, Merril Sobie 2018 Elisabeth Haub School of Law at Pace University

The State Of American Juvenile Justice, Merril Sobie

Pace Law Faculty Publications

This article will summarize the major twenty-first century state legislative and case law developments. It will also briefly note the expansion of state and local initiatives limiting the prosecution of youthful offenders, such as diversion and restorative justice programs.

The state of American juvenile justice has improved significantly in the past several years. However, the reforms are best viewed as a work in progress. Much has been accomplished, but much remains to be accomplished. Crucially, after a generation of “tough on kids” measures, we are on the road toward a true “justice” system for children.


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 ...


If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch 2018 Boston College Law School

If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch

Boston College Law Review

In United States v. Dahda, the U.S. Court of Appeals for the Tenth Circuit held that, under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (“Title III”), the lower court properly denied Dahda’s motion to suppress evidence gathered by law enforcement using a mobile interception device—a device that wiretaps cell phones. A key part of the decision focused on the definition of mobile interception devices. The Tenth Circuit defined them as devices used to intercept communications that are movable. The Seventh Circuit, in contrast, has defined mobile interception devices as devices used ...


Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott 2018 Boston College Law School

Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott

Boston College Law Review

On June 6, 2017, in Lowry v. City of San Diego, the U.S. Court of Appeals for the Ninth Circuit sitting en banc upheld a district court’s grant of summary judgment, dismissing a claim under 42 U.S.C. § 1983 for use of excessive force in violation of the Fourth Amendment to the U.S. Constitution, in the context of “bite and hold” training for police dogs. This Comment argues that although the use of force in Lowry may have been reasonable, the court was incorrect in deciding this question as a matter of law. The fact-intensive objective ...


The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook III 2018 Boston College Law School

The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii

R. Michael Cassidy

According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward about police ...


Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer 2018 University of Alabama at Birmingham

Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer

Chicago-Kent Law Review

A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Responding to the needs of affected communities, a coalition of torture survivors, their families, civil rights attorneys, and community activists pushed the reparations bill through the City Council on May 6, 2015. Representing the holistic approach favored by survivors, the $5 million reparations package ...


Gutting The Fourth Amendment: Judicial Complicity In Racial Profiling And The Real-Life Implications, Mary N. Beall 2018 University of Minnesota Law School

Gutting The Fourth Amendment: Judicial Complicity In Racial Profiling And The Real-Life Implications, Mary N. Beall

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng 2018 Selected Works

Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng

Michael P. Seng

This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.


Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden 2018 Roger Williams University School of Law

Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Progress Toward National Estimates Of Police Use Of Force, Joel H. Garner, Matthew J. Hickman, Ronald W. Malega, Christopher D. Maxwell 2018 Portland State University

Progress Toward National Estimates Of Police Use Of Force, Joel H. Garner, Matthew J. Hickman, Ronald W. Malega, Christopher D. Maxwell

Criminology and Criminal Justice Faculty Publications and Presentations

This research builds on three decades of effort to produce national estimates of the amount and rate of force used by law enforcement officers in the United States. Prior efforts to produce national estimates have suffered from poor and inconsistent measurements of force, small and unrepresentative samples, low survey and/or item response rates, and disparate reporting of rates of force. The present study employs data from a nationally representative survey of state and local law enforcement agencies that has a high survey response rate as well as a relatively high rate of reporting uses of force. Using data on ...


“Warning: Use May Result In Cruel And Unusual Punishment”: How Administrative Law And Adequate Warning Labels Can Bring About The Demise Of Lethal Injection, Julia Eaton 2018 Boston College Law School

“Warning: Use May Result In Cruel And Unusual Punishment”: How Administrative Law And Adequate Warning Labels Can Bring About The Demise Of Lethal Injection, Julia Eaton

Boston College Law Review

Lethal injection, although currently the preferred method of execution in the United States, causes more botched executions than any other method. Despite recorded instances of extreme pain and suffering, the United States Food and Drug Administration (“FDA”) does not regulate lethal injection drugs for safety and effectiveness because their use occurs “off-label” and thus outside of the purview of the FDA’s regulatory scope. Challengers to the FDA’s lack of regulation have thus far been unsuccessful in the courts due to the deference that the courts give to agency decisions. This Note discusses the ways in which administrative law ...


Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill 2018 Georgia State University College of Law

Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill

Georgia State University Law Review

The Act amends Georgia’s probation laws by shortening the amount of time offenders spend on probation, providing local supervision, and creating a more efficient use of resources within the criminal justice system. The Act permits the transfer from parole to probation and the use of local supervision for certain offenders. The Act also allows for early release of probationers who meet the terms of their probation. The Act creates a process to automatically generate a request for early termination of probation for certain low-level offenses after the offender successfully completes three years of probation.


Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr. 2018 Georgia State University College of Law

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.


Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger 2018 Georgia State University College of Law

Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger

Georgia State University Law Review

The Act broadens lawful gun owners’ rights by allowing weapons carry license holders to carry concealed guns on property owned or leased by public institutions of postsecondary education. The Act creates exceptions for sporting events, student housing, childcare spaces, classes for a college and career academy and other specialized schools, classrooms for dual enrollment programs, and spaces for administrative disciplinary proceedings. The law creates a misdemeanor penalty for noncompliance, and provides definitions for clarification.


Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, Ann C. Hodges 2018 University of Richmond

Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, Ann C. Hodges

Law Faculty Publications

Law enforcement makes headline news for shootings of unarmed civilians, departmental corruption, and abuse of suspects and witnesses. Also well-documented is the code of silence, the thin blue line, which discourages officers from reporting improper and unlawful conduct by fellow officers. Accordingly, accountability is challenging and mistrust of law enforcement abounds. There is much work to be done in changing the culture of police departments and many recommendations for change. One barrier to transparency that has been largely ignored could be eliminated by reversal of the Supreme Court’s 2006 decision in Garcetti v. Ceballos. Criticism of the decision has ...


Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, LeRoy Pernell 2018 Florida A&M University College of Law

Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell

Journal Publications

It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity – federal habeas corpus as a postconviction remedy. By looking first at the racial context of several “landmark” criminal justice reform decisions, this Article considers how race serves as the root of the procedural due process reform that began in earnest during the Warren Court. This Article then ...


The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson 2018 University of Pennsylvania Law School

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect ...


Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John P. Pfaff 2018 Fordham University School of Law

Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John P. Pfaff

Michigan Law Review Online

In this year's Book Review issue, Jeffrey Bellin reviews my book, Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform, and he finds much to disagree with. I appreciate the editors of the Law Review providing me with the opportunity to correct a significant error he makes when discussing some of my data. In the book, I use data from the National Center for State Courts (NCSC) to show that prosecutors filed increasingly more felony cases over the 1990s and 2000s, even as crime fell. Bellin makes two primary claims about how I used ...


Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris 2018 University of Pennsylvania Law School

Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris

Faculty Scholarship at Penn Law

The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power ...


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