Digital Commons Network^™

A Legal History Of The Regulation Of Assault-Style Rifles In Canada, R. Blake Brown

Dalhousie Law Journal

This article provides the first legal history of the regulation of “assault-style” weapons in Canada. A contentious part of Canada’s gun control regime is the firearms classification system that divides guns into non-restricted, restricted, and prohibited firearms. The sale of semi-automatic firearms, often based on military designs that could be quickly fired and reloaded, sparked concerns since the 1970s, particularly after mass shooting events. Canada adopted a classification regime relying on both statutory provisions that used technical details of firearms and Orders-in-Council to name models of firearms as restricted or prohibited weapons. Critics warned that this system allowed private citizens …

Adolescent Brain Development And Crime: Why New York State Should Increase The Age Of Criminal Culpability To Twenty-One Years Old, Julia Patz

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should increase the age of criminal culpability from eighteen to twenty-one years old, aligning with scientific evidence on adolescent brain development. It contends that the current age threshold is arbitrary and unsupported by research, which shows that brain development, particularly in areas responsible for decision-making and impulse control, continues well into the mid-twenties. The note advocates for this policy change to improve outcomes for young offenders and reduce the harms caused by adult incarceration.

Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander

Vanderbilt Law School Faculty Publications

Most court data are maintained--and most empirical court research is conducted--from the institutional vantage point of the courts. Using the case as the common unit of measurement, data-driven court research typically focuses on metrics such as the size of court dockets, the speed of case processing, judicial decision-making within cases, and the frequency of case events occurring within or resulting from the court system.

This Article sets forth a methodological framework for reconceptualizing and restructuring court data as "people-first"-centered not on the perspective of courts as institutions but on the people who interact with the court system. We reorganize case-level …

Pretrial Release, Risk Assessment, And The Failing Movement Towards A Cashless Bail System: The Need To Target The Source, Brooke Hodgins

Cardozo Journal of Equal Rights & Social Justice

The note argues that the cash bail system perpetuates economic and racial disparities, leading to unjust pretrial detention for many individuals. It advocates for a risk-based approach, highlighting New Jersey's bail reform as a model that reduces incarceration rates and disparities while maintaining public safety.

Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker

Faculty Scholarship

This paper studies the impact of adult prosecution on recidivism and employment trajectories for adolescent, first-time felony defendants. We use extensive linked Criminal Justice Administrative Record System and socio-economic data from Wayne County, Michigan (Detroit). Using the discrete age of majority rule and a regression discontinuity design, we find that adult prosecution reduces future criminal charges over 5 years by 0.48 felony cases (↓ 20%) while also worsening labor market outcomes: 0.76 fewer employers (↓ 19%) and $674 fewer earnings (↓ 21%) per year. We develop a novel econometric framework that combines standard regression discontinuity methods with predictive machine learning …

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

Articles (Current Faculty)

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes.

This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

Blowing In The Wind: Cannabis Legalization, Insiders, And Methodological Insights From British Columbia, Jon Heidt, Johannes Wheeldon

Qualitative Criminology (QC)

Legalizing cannabis in Canada has proven momentous in some ways and insufficient in others. This paper presents findings from a re-analysis of two studies on cannabis legalization conducted in British Columbia (B.C.) before and after legalization. Prioritizing public health over access appears to prolong stigmatization, complicate policing, and undermine efforts to disrupt illicit cannabis markets. We outline three contributions to the nascent post- prohibition cannabis research agenda. First, we demonstrate the potential for secondary data analysis (SDA) and model an approach to address recent concerns about this practice. Second, we show the value of insiders when assessing cannabis policy by …

“I’M Not Unemployed, I’M Unemployable”: Challenges Finding And Sustaining Work For People Requires To Register As Sex Offenders, Jennifer L. Wooldridge, Danielle J. S. Bailey

Qualitative Criminology (QC)

Many individuals convicted of a sexual offense (ICSOs) experience various collateral consequences due to registration requirements, including income loss, unemployment, harassment, social isolation, homelessness, and more. Finding employment post-conviction is a difficult endeavor for many reentering citizens with criminal records, but for ICSOs, the difficulty increases due to their label as sex offenders. When these individuals are unsuccessful in obtaining steady, living-wage employment, it can result in mental health impacts such as depression, hopelessness, and other reactions. This paper seeks to analyze participants’ emotional and mental health reactions to their direct experiences with employment struggles due to registration. What feelings …

Dying In Prison: End-Of-Life Care Services In A State Correctional Facility, Brook Cooley Webb, Mollee K. Steely Smith, Tusty Ten Bensel

Qualitative Criminology (QC)

The aging inmate population in American prisons has noticeably increased, contributing to a more significant number of offenders who will die in prison, thus forcing correctional facilities to aid in caring for prisoners at the end of life. Two common responses have emerged to deliver adequate healthcare to inmates, including hospice programs and End-of-Life (EOL) care services. This study aimed to explore the nature of EOL care in a state prison by interviewing correctional administrators, correctional officers, and relevant medical personnel (N=17). The current study provided insight into the inclusion criteria for inmates who utilized EOL care in the prison …

Black And Blue Police Arbitration Reforms, Michael Z. Green

Faculty Scholarship

The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power to respond to the civil rights protests occurring during those times by establishing strong protections for their officers in light of brutality claims. This rhythmic progression of protests and union responses is destined to continue without any lasting reforms focused on …

Racializing Algorithms, Jessica M. Eaglin

Articles by Maurer Faculty

There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …

The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen

Tribal Law Journal

Understanding jurisdiction is paramount to deciding whether federal, state, or tribal courts can exercise jurisdiction for crimes committed in Indian country. The evolution of federal Indian law has created a legal landscape that is far from consistent. For the Indian law practitioner, it is important to stay abreast of the latest case law available to understand where proper jurisdiction lies. The latest cases of McGirt v. Oklahoma and United States v. Cooley are the newest case law available that demonstrate the Supreme Court’s reasoning and analysis in determining proper jurisdiction.

Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela

Villanova Law Review (1956 - )

No abstract provided.

There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong

Villanova Law Review (1956 - )

No abstract provided.

Mental Distress Among Adults With Serious Mental Illness In A Criminal Legal Setting: A Secondary Data Analysis Of The Mcarthur Mental Health Court Study Data, Violette Cloud

Psychology ETDs

Chronic criminal legal system (CLS) involvement among individuals with serious mental illness (SMI) is of growing concern. Mental health courts (MHCs) are a known diversion strategy currently used by the CLS to address this problem. MHCs are seen as an effective method for linking individuals with SMI to needed treatment, removing them from a detention setting, and subsequently reducing recidivism. However, less is known about the impact of MHC enrollment on mental health related outcomes (mental distress). Using the McArthur Mental Health Court Study data, this study aimed to inspect the impact of MHC participation, legal coercion, and treatment motivation …

Camera-Enforced Streets: Creating An Anti-Racist System Of Traffic Enforcement, Katie O'Brien

Journal of Civil Rights and Economic Development

(Excerpt)

On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper’s vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to “yank [Bland] out” of her car and “light [her] up” with his taser. After Bland left her vehicle, Trooper Encinia handcuffed her, wrestled her to the ground, and kneeled on her. He later falsely claimed that Bland assaulted him. Three days later, police found Bland …

Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln

Barry Law Review

No abstract provided.

Money Laundering In The Global Art Market, Arran Walton

Undergraduate Theses and Capstone Projects

It is no secret that money laundering has seeped into the art market for years, but veils of anonymity and lack of regulation have kept many of those who foster the illegal operations immune from justice. As criminal operations permeate the art market on a regular basis, what can be done? This thesis will approach this question through an examination of qualitative data and studies, including investigating applicable recent cases, to understand four unique vulnerabilities of the art market and how these weaknesses are exploited. Additionally, the major groups who use the art market as a means of money laundering …

The Connecticut Clean Slate Law

Connecticut Law Review

By erasing or sealing criminal records, Clean Slate policies propose a second-chance opportunity of employment, housing, and education to thousands of Americans. In targeting the archaic and inaccessible processes of expunging and sealing records, Clean Slate ambitiously pursues economic and public safety policy goals. In 2021, Connecticut joined the states devoted to ascribing to these goals when it enacted a Clean Slate law that aids thousands of Connecticut residents who face major disadvantages as a result of misdemeanor or low-level felony records stemming from years-old convictions.

Supporters of Connecticut’s Clean Slate law theorize that without the barriers imposed by criminal …

How To Solve The Initial Appearance Crisis, Malia N. Brink, Pamela R. Metzger, Jiacheng Yu

Deason Center Reports

Across the United States, people are arrested and held behind bars for days, weeks, and sometimes even months, without ever seeing a judge or attorney. These delays violate the United States Constitution’s promise that an arrested person—who is innocent unless proven guilty—will have prompt access to the courts, the assistance of counsel, and a fair and speedy trial.

These due process milestones begin at initial appearance: the first time an arrested person sees a judge about their case. At an initial appearance, the judge should inform an arrested person of the charges against them. The judge should also make an …

Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin

Faculty Scholarship

Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …

Criminalizing Threats Against Schools: A Divergence Of Mens Rea And Punishment Severity In Recent State Legislation, Max Kaufman

Fordham Law Review

School shootings occur on a regular basis in the United States. Fear of the next school shooting leads schools to take any potential threat of violence seriously, but responding to a threat can be extremely disruptive to a school’s operations and the community that it serves. In the last five years, nine state legislatures have attempted to deter these threats by specifically criminalizing threats of violence against schools.

Despite the proximity in time in which these states enacted school threat statutes, these laws diverge in two important ways: First, the nine statutes employ several different mens rea requirements. Second, these …

A New Test For The New Crime Exception, Colin Miller

Utah Law Review

The new crime exception to the Fourth Amendment exclusionary rule allows prosecutors to introduce evidence connected to new crimes committed by defendants who were illegally detained and/or questioned. Unfortunately, as illustrated in this Article, courts largely have applied this new crime exception without any analytical framework or regard for the severity of the initial police misconduct or the defendant’s response. Moreover, courts have begun applying the new crime exception to crimes such as giving a fake name in response to an un-Mirandized interrogation following a lawful arrest.

By doing so, courts have allowed the new crime exception to swallow two …

Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin

Utah Law Review

Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …

25 Is The New 18: Extending Juvenile Jurisdiction And Closing Its Exceptions, Dylan Raymond

Utah Law Review

Courts are in broad agreement that juveniles—defined as people under 18-yearsold — are less culpable than adults and thus punish them differently. Indeed, few would disagree that the adult criminal system should apply only to adults—people “fully developed and mature.” If separating adults and juveniles based on culpability is the goal, it begs a simple question: should the split happen at age 18? Some U.S. institutions imply that they believe an 18-year-old lacks the requisite maturity to assume certain responsibilities, including the House of Representatives and car rental agencies, which permit participation at 25. Looking globally, important institutions like the …

The Impact Of Encryption Technologies On Criminal Investigations In Canada: A Balanced Approach To The 'Going Dark' Problem In Light Of Self-Incrimination And Privacy Considerations, Laura Ellyson

PhD Dissertations

Encryption, a method of concealing information from unwanted eyes, has recently become more prevalent in society, following revelations of massive surveillance conducted by governments and the increasing number of attacks on companies holding their customers’ digitized information. Encryption mechanisms have become more sophisticated and widely used by citizens who wish to keep their personal information private and secure. Conversely, criminals have also been using strong encryption mechanisms to hide their wrongdoing, which has made it harder for law enforcement officials to access evidence. This “going dark” phenomenon has impacted both the seizure of “data at rest” (i.e., data that is …

Grappling With Our Own Errors: Lessons From State V. Blake, Alicia Ochsner Utt

Washington and Lee Law Review Online

After fifty years of a failed war on drugs, many states are just now beginning to take steps toward attempting to repair a half-century of harm. By examining the response of Washington’s government at the executive and legislative levels to the Washington Supreme Court’s decision in State v. Blake, this Note identifies some key factors that must be present in the paths forward for all states in their own processes of reform. The stakeholders involved in transforming the criminal legal system must ensure that relief from prior drug-related convictions is automatic, geographically standardized, and complete. Any form of relief …

O-High-O: A Policy Note On Ohio's Current Push For Recreational Marijuana Legislation And How Other States Have Created Successful Recreational Marijuana Laws, Alexander M. Stewart

Et Cetera

Many states have gone on to pass comprehensive recreational marijuana laws that have greatly benefitted their economy, public health, and criminal justice system. Ohio currently allows for the use of marijuana for medicinal purposes, and there has been past attempts to enact legislation that would legalize the recreational use of marijuana, but the past proposals failed to gain the widespread support required to become law. This Note seeks to analyze and understand other states’ legislation in an attempt to understand what successful recreational marijuana legislation looks like. This Note concludes with a comprehensive proposal that contains all the essential elements …

Less Is More?: Accountability For White-Collar Offenses Through An Abolitionist Framework, Pedro Gerson

Faculty Scholarship

White-collar crime is underenforced: not enough cases are brought, not many convictions are secured, and when they are, those who were convicted usually benefit from leniency not seen in other kinds of criminal wrongdoing. Calls for accountability center on strengthening the traditional tools of criminal law enforcement to reach actors that have so far eluded criminal liability. These responses, however, risk further entrenching the systems that have led the United States to mass incarceration and its many real and tangible harms. In this Article, I question whether an abolitionist framework is possible for white-collar crime. First, I argue that given …

The Court And Capital Punishment On Different Paths: Abolition In Waiting, Carol S. Steiker, Jordan M. Steiker

Washington and Lee Journal of Civil Rights and Social Justice

The American death penalty finds itself in an unusual position. On the ground, the practice is weaker than at any other time in our history. Eleven jurisdictions have abandoned the death penalty over the past fifteen years, almost doubling the number of states without the punishment (twenty-three). Executions have declined substantially, totaling twenty-five or fewer a year nationwide for the past six years, compared to an average of seventy-seven a year during the six-year span around the millennium (1997-2002). Most tellingly, death sentences have fallen off a cliff, with fewer the fifty death sentences a year nationwide over the past …