Digital Commons Network^™

Peliputan Secara Langsung Persidangan Perkara Pidana Oleh Media Televisi Dihubungkan Dengan Asas Pemeriksaan Di Pengadilan Terbuka Untuk Umum Dalam Rangka Pembaharuan Hukum Acara Pidana, Merti Ardilla, Elis Rusmiati, Ijud Tajudin

Jurnal Hukum & Pembangunan

In the practice of judiciary in Indonesia, the phenomenon of direct trial of cases of punishment by the press appeared and then broadcast live through television media, this could occur in a situation as a trial announced for the public. This practice has a negative impact, among others, will refute the principle of the presumption of innocence and have an impact on the evidence at the trial. This study aims to find out and analyze the provisions regarding the coverage of trials in court by disputes with the public interest and the principle of examination at the trial open to …

Bucklew V. Precythe'S Return To The Original Meaning Of "Unusual": Prohibiting Extensive Delays On Death Row, Jacob Leon

Cleveland State Law Review

The Supreme Court, in Bucklew v. Precythe, provided an originalist interpretation of the term “unusual” in the Eighth Amendment of the United States Constitution. This originalist interpretation asserted that the word “unusual” proscribes punishments that have “long fallen out of use.” To support its interpretation, the Supreme Court cited John Stinneford’s well-known law review article The Original Meaning of “Unusual”: The Eighth Amendment as a Bar to Cruel Innovation. This Article, as Bucklew did, accepts Stinneford’s interpretation of the word “unusual” as correct. Under Stinneford’s interpretation, the term “unusual” is a legal term of art derived from eighteenth-century …

Growing Old And Getting Sick Are Dangerous In Prison: A Moral And Legal Argument For “Justice, Not Vengeance”, Jillian Sauer

Undergraduate Theses

In 2017 the Kentucky DOC reported that Kentucky prisons housed 2,521 persons categorized as “elderly”. Even though individuals in this population are more susceptible to violence and risk developing age-related illnesses the care of these individuals is not a financial priority for those in power. These individuals occupy a unique position as a marginalized group within a marginalized group, and one which is growing rapidly. As a result, it is necessary to develop a response drawing from Catholic social teaching and criminal justice ethics which addresses the unique problems faced by this population. At the core of this response is …

Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black

Maine Law Review

In Maine, as in most other states, a person convicted of a criminal offense is entitled to state post-conviction review upon proper filing of a petition. The Maine Rules of Criminal Procedure establish deadlines for such a filing and for the responsive answer by the State. Application for an enlargement of time in which to respond requires the State to show cause. If, however, the State makes this application after the initial period for response, the Rules impose a much stricter standard—a showing of “excusable neglect.” In Wellman v. State the Maine Supreme Judicial Court, sitting as the Law Court, …

Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black

Maine Law Review

In Maine, as in most other states, a person convicted of a criminal offense is entitled to state post-conviction review upon proper filing of a petition. The Maine Rules of Criminal Procedure establish deadlines for such a filing and for the responsive answer by the State. Application for an enlargement of time in which to respond requires the State to show cause. If, however, the State makes this application after the initial period for response, the Rules impose a much stricter standard—a showing of “excusable neglect.” In Wellman v. State the Maine Supreme Judicial Court, sitting as the Law Court, …

One Step Forward, One Step Back: Emergency Reform And Appellate Sentence Review In Maine, Amy K. Tchao

Maine Law Review

Perhaps in no other area of the law is a trial court's power greater than when it is given the task of criminal sentencing. Historically and traditionally, the trial court judge has been given the widest latitude of discretion in determining a proper sentence once a criminal defendant has been found guilty. Indeed, the task of sentencing has been deemed a matter of discretion rather than a question of law. As a result, trial judges historically have not articulated reasons for the sentences that they impose. However, with very few standards or criteria to measure the appropriateness of their decisions, …

The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei

Washington International Law Journal

The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …

Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak

Journal of Digital Forensics, Security and Law

Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed …

Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.

Conspectus Borealis

No abstract provided.

State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner

Scholarly Articles

State prosecutors around the country have played a crucial role in mass imprisonment. Little supervision and virtually unsurpassed decision making power have provided them with unrivaled influence over the size, growth, and composition of our criminal justice system. They decide which cases to prosecute, whether to divert a case, whether to offer a plea, and what sentence to recommend. Their impact does not stop at sentencing. They weigh in on alternative dockets, supervision violations, parole release, and even clemency requests. But they are also part of a larger system that constrains them. Funding, judicial limits on their power, and legislative …

Letting The Cat Out Of The Bag: How New York's Discovery Reform Removes The Secrecy From The Grand Jury, Amber Kempermann

Hofstra Law Student Works

The grand jury is a historical institution in New York’s criminal justice system, and the discovery reform is long-needed change to that same system. But that change has already affected the system in a way that was not intended. So, what can we do to help? This paper proposes that the answer to that question is to amend the provision that mandates identification and contact information for witnesses that testify in the grand jury. Part II.A of this paper discusses the history of the grand jury system in New York. Part II.B discusses the changes to discovery laws made by …

Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt

Dissertations

This research project conducted and then analyzed qualitative interviews from former and current addicts and criminal offenders who are voluntarily participating in the Christian faith at the same non-traditional, Protestant church. An abridged case study of this church is also provided for background and context. Life-course theory and grounded theory are utilized.

Both the offenders and this church were chosen in an attempt to better understand how the offenders’ involvement at this house of worship, along with their faith in general, have impacted them. Obtaining the perspectives of the offender is essential for three reasons. First, qualitative research conducted in …

Effects Of Immigration Status On The Criminal Process, Gleb Ivanov

Hofstra Law Student Works

In a landmark case, Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment to the U.S. Constitution required defense counsel to advise clients who plead guilty that conviction may result in deportation. The Court’s rationale was based on the premise that this information was vital to the client’s decision-making process. Even so, the Court declined to explore a more reliable ground for developing a narrower understanding of a client’s immigration status, particularly the potential effect of the status on common criminal prosecutions, for instance, assault or burglary. This paper submits that under current law, immigration status has …

Appointing An Independent Prosecutor In Cases Of Police Misconduct: Repairing Trust In The Criminal Justice System, Samantha Levitz

Hofstra Law Student Works

This Paper argues that, in order to avoid the perception of bias, an independent, special prosecutor should be appointed to handle cases of police misconduct. Part II will examine the background and history of the interaction between police officers and the district attorney’s offices. In Part III, this Paper will analyze the main ethical issue involved in the prosecution of police misconduct—conflict of interest—and the impact it has on our system. In Part IV, this Paper will propose removal of cases involving police misconduct from the district attorney’s office, focusing mainly on a solution for New York State, assess the …

Mindful Meditation And Misconduct: A Proposal, Victoria Evans

Honors Senior Capstone Projects

Rehabilitation and treatment methods used in incarceration have evolved, causing punishment philosophies in the U. S. to swing from rehabilitation to “zero tolerance” and back again. As this transition occurs, it is essential to evaluate current correctional programs as there has been a trend towards evidence-based corrections. The purpose of this research is to evaluate the SAVR (stress, anger, violence reduction) program implemented by a county jail in Massachusetts. This research will examine the extent to which participating in SAVR reduces inmate misconduct. The participants will be selected through a non-probability, convenience sample of program participants. Misconduct files will be …

The Permissible Scope Of Attorney Speech: Constitutional Challenges, The Current Standard, And The Need For Clarity, Sean Sciubba

Hofstra Law Student Works

The paper explores the history of trial publicity rules in the United States. Part II discusses the enactment of the first legal code in this country aimed at limiting attorney speech and then analyzes the influences and constitutional restrains that molded the scope of subsequent rules. Part III discusses the amendments to the Model Rules following the Supreme Court’s decision in Gentile v State Bar of Nevada, which largely resulted in the current version of Model Rules 3.6 and 3.8. Part IV examines the discernible scope of permissible attorney speech under the current Model Rules as well as certain arguments …

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

Learning Facts From Fiction In Jay-Z'S 99 Problems, Karl T. Muth

JCLC Online

No abstract provided.

Kansas V. Boettger: On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Kansas, Paul Cassell, John Ehrett, Allyson N. Ho, Bradley Hubbard, Matthew Scorcio, Philip Axt, Thomas Molloy

Utah Law Faculty Scholarship

This amicus brief in support of Kansas’ petition for certiorari in Kansas v. Boettger discusses the important issue of whether the First Amendment require proof of specific intent to criminally punish violent threats. The brief argues that the First Amendment does not contain any such requirement and that creating any such requirement would interfere with effective prosecution of domestic violence.

The Kansas Supreme Court’s decision over which review is being sought required the state to prove that an abuser had a specific intent to cause fear. If allowed to stand, the decision will make prosecuting and preventing domestic violence even …

#Metoo And The Myth Of The Juvenile Sex Offender, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Evolving Standards Of Decency: A View Of 8th Amendment Jurisprudence And The Death Penalty, Jared Lockhart, Madeline Hill

Brigham Young University Prelaw Review

In July 1997, Kenneth Foster was indicted on capital murder charges

and sentenced to death even though he had only committed robbery.

3 On August 14, 1996, Kenneth Foster and his friends, Mauriceo

Brown, DeWayne Dillard, and Julius Steen, rented a car and

drove to downtown San Antonio, Texas. Later that night, Brown

suggested that the men rob a few people in order to make up for the

money they had lost while partying. After their second robbery that

evening, Foster did not want to continue breaking the law, according

to Dillard’s courtroom testimony four years later. Dismissing

his request, …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Eliminating Mandatory Minimum Sentences: Putting Sentencing Power Back In The Hands Of The Judiciary, Hunter Anderson, Joseph Dummar

Brigham Young University Prelaw Review

Ron Miller had been a general manager of a company for twentyfour

years with no criminal record when his best friend asked

him to allow a shipment of drugs to be delivered to his company’s

address. Ron reluctantly agreed to help his friend, who was desperate

for money. Before the drugs arrived, Ron backed out and asked

his friend not to send the drugs, but by that point the shipment had

already been made. The police tracked the shipment to Ron and

arrested him. Even though Ron never knew the type nor the quantity

of drug that was delivered to …

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens

Dickinson Law Review (2017-Present)

In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …

Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse

St. Mary's Law Journal

The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …

What Is Remembered, Alice Ristroph

Faculty Scholarship

No abstract provided.

Valuing Black Lives: A Case For Ending The Death Penalty, Alexis Hoag

Faculty Scholarship

No abstract provided.

Locked Up And Locked Out: True Stories Of Individuals Who Experienced The Intersection Between Homelessness And The Criminal Justice System, Jean Johnson

Senior Honors Projects

JEAN JOHNSON (Criminology & Criminal Justice)

Locked Up and Locked Out: True Stories of the Interlocking Cycle of

Homelessness and the Criminal Justice System

Sponsor: Jill Doerner (Criminology & Criminal Justice, Sociology & Anthropology), Heather Johnson (Writing & Rhetoric)

Key locks work when a key made with teeth is placed into a cylinder with a series of pins and tumblers. If you don’t insert the right key one or more of the pins will remain in the way, preventing the key from turning and the lock will remain closed. According to the United States Interagency Council on Homelessness, tens of …

Resentencing Of Juvenile Lifers: The Philadelphia Experience, Tarika Daftary Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

We examined the Philadelphia District Attorney Office’s approach to juvenile lifer resentencing, which began in 2017 under the administration of District Attorney Seth Williams and has continued under the administration of District Attorney Larry Krasner. For cases resentenced as of December 31st, 2019, we describe similarities and differences between the Williams and Krasner administrations in decision making and sentence length reductions, and we report on the recidivism rate and estimated cost savings for Pennsylvania as a result of release.

How Effective Are Police? The Problem Of Clearance Rates And Criminal Accountability, Shima Baughman

Utah Law Faculty Scholarship

In recent years, the national conversation in criminal justice has centered on police. Are police using excessive force? Should they be monitored more closely? Do technology and artificial intelligence improve policing? The implied core question across these national debates is whether police are effective at their jobs. Yet we have not explored how effective police are or determined how best to measure police effectiveness.

This Article endeavors to measure how effective police are at their principal function—solving crime. The metric most commonly used to measure police effectiveness at crime-solving is a “clearance rate:” the proportion of reported crimes for which …