Digital Commons Network^™

Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller

Nevada Law Journal

No abstract provided.

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus

Faculty Publications

No abstract provided.

The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski

Reports

Studying the Irish Constitutional Law, requires the understanding of how the Irish Political System was evolved. Montesquieu's tripartite system, adopted by the Republic of Ireland is the judiciary[1] has a particular place in the Irish Constitution in articles 34 - 37[2].

The main purpose of this essay is to analyse the balance between the jurisdiction of the Irish Courts in the protection of the constitutional rights of a person accused of a crime and the functioning of the criminal justice system in protecting Society`s general interest. The first section presents a brief summary of the courts functions …

The Supreme Court Didn't Fix Racist Jury Selection, Kami Chavis

Popular Media

No abstract provided.

Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon

Journal of Legislation

No abstract provided.

Beyond A Reasonable Disagreement: Judging Habeas Corpus, Noam Biale

University of Cincinnati Law Review

This Article addresses ongoing confusion in federal habeas corpus doctrine about one of the most elemental concepts in law: reasonableness. The Supreme Court recently announced a new standard of reasonableness review for habeas cases, intended to raise the bar state prisoners must overcome to obtain federal relief. This new standard demands that errors in state court decisions be so profound that “no fairminded jurist could disagree” that the result is incorrect. Scholars have decried the rigid and exacting nature of this standard, but very little interpretive work has yet been done to theorize what it means and how it should …

Police And Gangs: Undergraduates’ Perceptions Of The Similarities And Differences, Seroyah Williams

Honors College Theses

Police have been said to be the largest gang in America with badges. With recent events occurring throughout the United States, including police shootings of unarmed citizens, some may say that the police have shown various characteristics similar to those of gangs. Does the public also view officers, in general, in the same perspective? Surveys were administered to a large class of Georgia Southern University students to acquire their perceptions of both the police and gangs. Each student listed characteristics of the police and gangs, their opinion, and different ways those perceptions have been formed. The data collected revealed more …

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Journal of Law and the Public Interest

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …

Public Defenders, Local Control, And Brown V. Board Of Education, Russell C. Gabriel

Mercer Law Review

The topics the Mercer Law Review Symposium addresses-race, history, criminal law, and the South-have a long reach across time, place, and the spectrum of justice. It is both temptingly easy and distressfully complicated to disentangle the strands of the Southern tapestry, woven from past to present. The theory of this Essay is the easy part. Evaluating the correctness of the theory is more complicated. I am indebted to Mercer Law Review for inviting the effort.

When the United States Supreme Court decided Gideon v. Wainright' and told the states that they were required to provide lawyers to poor defendants accused …

How The Narrative About Louisiana's Non-Unanimous Criminal Jury System Became A Person Of Interest In The Case Against Justice In The Deep South, Angela A. Allen-Bell

Mercer Law Review

Stories are central to what lawyers do; yet, to the average member of the legal community, they exist only inconspicuously. In actuality, all cases start with a story. As lawyers do their work, that initial story grows and evolves. When judges enter the picture, the story is revised and, ultimately, the final chapter is written; then, the process begins again with an entirely different cast of characters. This Article advocates against impersonal, mechanized systems of justice that are built upon defendants, dockets, cases, quotas, formulas, and rapidity. This Article calls for the justice community to see cases in a highly …

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Public Interest Law Review

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …

An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos

St. Mary's Journal on Legal Malpractice & Ethics

For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.

Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …

Race And The Jury: How The Law Is Keeping Minorities Off The Jury, Stephanie Adamakos

Washington University Undergraduate Law Review

The modern jury focuses on three main ideas: impartiality, as laid out in the Sixth Amendment, jury of one’s peers, stemming from the Magna Carta, and a jury that represents a fair cross-section of the community. The cross-section idea has been developed by case law, but originates from the Sixth Amendment, under the belief that jury selection that does not systematically discriminate against members of the community and has a jury pool represents a cross-section of the community is likely to be impartial. Jurors are likely to draw upon their own experiences when deliberating, so having a variety of experiences …

Disentangling Flight Risk From Dangerousness, Lauryn P. Gouldin

BYU Law Review

There is a growing national consensus about the urgent need to shrink the population of pretrial detainees and to fix our broken money bail system. Even as scholars and reformers are showing renewed interest in pretrial detention and bail, however, they have neglected a fundamental pretrial problem: the conflation (by judges and in statutes) of flight risk and danger. Reformers have offered up an array of proposals and increasingly sophisticated risk assessment tools that promise to improve judicial decision-making, but many of these tools merge flight risk and danger in ways that reinforce problematic legislative and judicial practices.

This Article …

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.

How To Change The Philosophy And Practice Of Probation And Supervised Release: Data Analytics, Cost Control, Focus On Reentry, And A Clear Mission, Nora V. Demleitner

Scholarly Articles

None available.

Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel

Articles

Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …

Copwatching, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Silencing Grand Jury Witnesses, R. Michael Cassidy

Indiana Law Journal

This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …

What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe

Cardozo Journal of International and Comparative Law

The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Library Staff Publications

No abstract provided.

Too Vast To Succeed, Miriam H. Baer

Michigan Law Review

If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, …

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.

Crime, Surveillance, And Communities, Bennett Capers

Fordham Urban Law Journal

We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …

Plea Bargaining And Disclosure In Germany And The United States: Comparative Lessons, Jenia I. Turner

William & Mary Law Review

This Article analyzes recent trends in plea bargaining and disclosure of evidence in Germany and the United States. Over the last two decades, a number of U.S. jurisdictions have adopted rules requiring broader and earlier discovery in criminal cases. This development reflects a growing consensus that, in a system that resolves most of its cases through guilty pleas, early and extensive disclosure is necessary to ensure fair and informed outcomes.

The introduction of broader discovery in criminal cases in the United States aligns American rulesmore closely with longstanding German rules on access to the investigative file. At the same time, …

Designing Plea Bargaining From The Ground Up: Accuracy And Fairness Without Trials As Backstops, Stephanos Bibas

William & Mary Law Review

American criminal procedure developed on the assumption that grand juries and petit jury trials were the ultimate safeguards of fair procedures and accurate outcomes.But nowthat plea bargaining has all but supplanted juries, we need to think through what safeguards our plea-bargaining systemshould be built around. This Symposium Article sketches out principles for redesigning our plea-bargaining system from the ground up around safeguards. Part I explores the causes of factual, moral, and legal inaccuracies in guilty pleas. To prevent and remedy these inaccuracies, it proposes a combination of quasi-inquisitorial safeguards, more vigorous criminal defense, and better normative evaluation of charges, pleas, …

Plea Bargaining's Baselines, Josh Bowers

William & Mary Law Review

In this Symposium Article, I examine the Court’s unwillingness to take seriously the issue of coercion as it applies to plea bargaining practice. It is not so much that the Court has ignored coercion entirely. Rather, it has framed the inquiry in a legalisticmanner that has made immaterial the kinds of considerations we might think most relevant to the evaluation. The Court has refused to ask qualitative questions about felt pressure, prosecutorial motivation, or the risk or reality of excessive punishment. All that matters is legal permissibility. A prosecutor may compel a defendant to plead guilty as long as she …