Digital Commons Network^™

End-Of-Life Care For Federally Incarcerated Individuals In Canada, Adelina Iftene, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this article, we review the current legislation, policies, and practices related to end- of-life care for federally incarcerated individuals as set out in statutes, guidelines, and government reports and documents that were either publicly available or obtained through Access to Information requests from the Parole Board of Canada and Correctional Service of Canada (CSC). Based on this review, we describe the status quo, identify gaps, and offer reflections and raise concerns regarding end-of-life care for federally incarcerated individuals. We conclude that there are significant information gaps about the number of people seeking end-of-life care and about how CSC is …

Mr. Big And The New Common Law Confessions Rule: Five Years In Review, Adelina Iftene, Vanessa Kinnear

Articles, Book Chapters, & Popular Press

The Supreme Court of Canada released its decision of R v Hart in July of 2014. The decision provided a two-prong framework for assessing the admissibility of confessions obtained through the undercover police tactic known as “Mr. Big”. The goal of the framework was to address reliability concerns, to protect suspects from state abuse, and to reduce the risk of wrongful convictions. The first prong of the test created a new common law evidentiary rule, under which Mr. Big obtained confessions are now presumptively inadmissible. The second prong revamped the existing abuse of process doctrine. In this article, the authors …

Solitary Confinement Continues In Canada Under A Different Name, Adelina Iftene

Articles, Book Chapters, & Popular Press

Abusive uses of Structured Intervention Units and the Correctional Service’s conduct mean Parliament must get rid of SIUs or adopt Senate amendments.

Covid-19 In Canadian Prisons: Policy, Practice And Concerns, Adelina Iftene

Articles, Book Chapters, & Popular Press

Correctional Service of Canada and the provincial prison systems have a duty to provide incarcerated individuals with health services that are comparable to those in the community, but they have failed to do so during the COVID-19 pandemic. There are inherent practical difficulties to implementing health care in prisons. In addition, prison demographics include a higher proportion of populations that are vulnerable to disease. These factors together mean that the prison response to COVID-19 must involve depopulation and the implementation of guidelines provided by public health agencies in all institutions. So far, the measures taken have been insufficient, as is …

Mr. Big And The New Common Law Confessions Rule: Five Years In Review, Adelina Iftene, Vanessa Kinnear

Articles, Book Chapters, & Popular Press

The Supreme Court of Canada released its decision of R v Hart in July of 2014. The decision provided a two-prong framework for assessing the admissibility of confessions obtained through the undercover police tactic known as “Mr. Big”. The goal of the framework was to address reliability concerns, to protect suspects from state abuse, and to reduce the risk of wrongful convictions. The first prong of the test created a new common law evidentiary rule, under which Mr. Big obtained confessions are now presumptively inadmissible. The second prong revamped the existing abuse of process doctrine.

In this article, the authors …

Creative And Responsive Advocacy For Reconciliation: The Application Of Gladue Principles In Administrative Law, Andrew Martin

Articles, Book Chapters, & Popular Press

A s a response to the estrangement and alienation of Indigenous peoples from the Canadian justice system, Gladue principles are central to reconciliation in sentencing and other criminal law contexts. However, the role of Gladue principles in administrative law more broadly remains uncertain. In this paper, I argue that the factors underlying Indigenous peoples’ estrangement and alienation from the justice system indicate estrangement and alienation from the administrative state itself, and thus Gladue principles appropriately apply in administrative law contexts. Using the results of a comprehensive search of reported decisions by tribunals and by courts on judicial review, I analyze …

High Desert State Prison V. Sanchez, 135 Nev., Adv. Op. 68 (Dec. 26, 2019), Jeff Garrett

Nevada Supreme Court Summaries

NRS § 209.4465 does not allow for good time served to be credited for those who commit child lewdness. The Court held that in order for a violation to be a continuous crime, the statute must be explicitly label the crime as continuous. Here, Respondent’s time served had been properly calculated by the district court because Respondent’s violation was codified as a one-time offense and occurred before the 2007 amendment to NRS § 209.4465. The language of the violated statutes define attempted lewdness with a child to be a one-time offense and not a continuous offense. Furthermore, the State’s assertion …

Board Compliance, John Armour, Brandon L. Garrett, Jeffrey N. Gordon, Geeyoung Min

Faculty Scholarship

What role do corporate boards play in compliance? Compliance programs are internal enforcement programs, whereby firms train, monitor and discipline employees with respect to applicable laws and regulations. Corporate enforcement and compliance failures could not be more high-profile, and have placed boards in the position of responding to systemic problems. Both case law on boards’ fiduciary duties and guidance from prosecutors suggest that the board should have a continuing role in overseeing compliance activity. Yet very little is actually known about the role of boards in compliance. This paper offers the first empirical account of public companies’ engagement with compliance …

Foreword, Syndie G. E. Molina

Journal of Race, Gender, and Ethnicity

No abstract provided.

Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington

Journal of Race, Gender, and Ethnicity

No abstract provided.

Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa

Journal of Race, Gender, and Ethnicity

No abstract provided.

Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza

Journal of Race, Gender, and Ethnicity

No abstract provided.

Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad

Journal of Race, Gender, and Ethnicity

No abstract provided.

As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman

Journal of Race, Gender, and Ethnicity

No abstract provided.

Judicial Discretion And The Rise Of Individualization: The Canadian Sentencing Approach, Benjamin Berger

Articles & Book Chapters

“Who are courts sentencing if not the offender standing in front of them?”

The epigraph to this paper points to the ethical heart of a distinctive and important development in Canadian sentencing law. It is drawn from a case in which the Supreme Court of Canada grappled with the signal societal trauma wrought by the operation of the criminal justice system – the travesty of Indigenous over-representation in Canadian prisons. This development involves an approach that has already disrupted certain elements of contemporary sentencing practice in Canada, and it is one that, depending on how sentencing judges embrace it, may …

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

Federal Detention And “Wild Facts” During The Covid-19 Pandemic, Gabriel A. Fuentes

Journal of Criminal Law and Criminology

No abstract provided.

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Journal of Criminal Law and Criminology

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to …

The Law And Policy Of Child Maltreatment, Frank Vandervort

Book Chapters

Each year in the United States some four million children are reported to child protective services and hundreds of thousands of children are confirmed victims of maltreatment. This chapter provides a brief overview of the civil and criminal law’s response to child abuse and neglect. It summarizes the major federal statutes that provide funding to the states to support both civil and criminal law responses to maltreatment. It discusses the division of responsible for responding to child maltreatment between the federal and state governments (federalism). It also provides a summary of the constitutional framework for handling both civil and criminal …

Before The Cell Door Shuts: Justice Reform Efforts Should Focus On Steps Besides Sentencing, Barbara L. Mcquade

Articles

Mark Osler writes that criminal justice reform efforts have been hampered by what he calls “the slows.” He explains that despite bipartisan support, which resulted in the First Step Act of 2018,2 criminal justice reform remains elusive. He then offers some insightful suggestions for how to increase the pace.

Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez

Faculty Articles and Papers

Responding to Gabriel Mendlow, Why Is it Wrong To Punish Thought?, 127 YALE L. J. 2342 (2018).

Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly

Criminal Justice Faculty Publications and Presentations

Using a survey of police officers (n=1080) in a southern state of the USA, this study examines how overall performance is influenced by organizational fairness and prior disciplinary actions. In particular, this study focuses on the relationship between organizational treatment and officers’ self-acknowledged engagement in more innocuous forms of negative workrelated behaviors, general task performance, and extra-role behaviors. Results suggest prior disciplinary actions and organizational treatment are related to officer performance. Our findings highlight fair treatment’s relationship to enhanced prosocial activities and reduced negative work behaviors. Of importance to police administrators, police officers’ fairness perceptions of the police organization appear …

The Role Of Intent In The Rise Of Individual Accountability In Aml-Bsa Enforcement Actions, Tyler Halloran

Fordham Journal of Corporate & Financial Law

The statutory framework which prohibits individuals at financial institutions from engaging in money laundering attributes criminal or civil liability on the basis of an individual’s culpability with respect to the prohibited conduct. A recent Department of Justice policy shift has begun to place a greater focus on the prosecution of individuals within corporations. This shift has led to increased prosecutions of compliance personnel and bank officials in recent years.

Through analysis of recent cases, this Note seeks to explore how the requirement of intentional and/or willful conduct defines the potential for criminal and/or civil exposure for compliance personnel and bank …

Innocent Juvenile Confessions, Seth P. Waxman

Journal of Criminal Law and Criminology

No abstract provided.

False Confessions And Testimonial Injustice, Jennifer Lackey

Journal of Criminal Law and Criminology

In the criminal justice system, confessions have long been considered the gold standard in evidence. An immediate problem arises for this gold standard, however, when the prevalence of false confessions is taken into account. Since 1989, there have been 367 post-conviction DNA exonerations in the United States, and 28% of these involved false confessions. Moreover, false confessions involve everything from minor infractions to detailed accounts of violent crimes.

This article takes a close look at false confessions in connection with the phenomenon of testimonial injustice. It argues that false confessions provide a unique and compelling challenge to the current conceptual …

Inaccuracy And The Involuntary Confession: Understanding Rogers V. Richmond Rightly, Dean A. Strang

Journal of Criminal Law and Criminology

No abstract provided.

Retroactive Legality: Marijuana Convictions And Restorative Justice In An Era Of Criminal Justice Reform, Deborah M. Ahrens

Journal of Criminal Law and Criminology

The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what to do about the millions of individuals punished, marked, and shunned as a result of policies we now regret. This issue is particularly pointed for marijuana convictions, as the coexistence of strict regimes of collateral consequences for drug convictions and the active …