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Articles 391 - 420 of 1118
Full-Text Articles in Entire DC Network
Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty
Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty
Presentations
No abstract provided.
Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief
The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …
An End To Silence: Inmate's Handbook On Identifying And Addressing Sexual Abuse, 3rd Edition, Brenda V. Smith
An End To Silence: Inmate's Handbook On Identifying And Addressing Sexual Abuse, 3rd Edition, Brenda V. Smith
Research Reports & White Papers
"Though many correctional agencies have taken steps to comply with PREA standards and create safer environments for individuals in their care, inmates in custody still face sexual abuse and harassment by staff or other inmates. Staff and inmates still report problems identifying those at risk of sexual abuse, reporting sexual abuse, and holding those responsible for sexual abuse accountable. This publication is a tool for educating inmates about legal and other mechanisms, including the Prison Rape Elimination Act (PREA), that can provide protection and redress from sexual abuse in custodial settings" (p. 5). Sections of this handbook are: introduction; what …
Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.
Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.
Legislation and Policy Brief
When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …
Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax
Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
When I first proposed teaching a seminar on The Wire at the George Washington University Law School in 2010, I encountered very disparate reactions. Those unfamiliar with the show generally wondered whether the law school curriculum was any place for a course with the name of a popular television drama in the title. Those who had heard glowing things about, but had not seen, The Wire typically professed their intention to watch the show but shared the skepticism of the former group on its suitability as the focus of a law school course. Finally, those who had viewed the series …
Collateral Damage: America's Failure To Forgive Or Forget In The War On Crime: A Roadmap To Restore Rights And Status After Arrest Or Conviction, National Association Of Criminal Defense Lawyers, Jenny M. Roberts
Collateral Damage: America's Failure To Forgive Or Forget In The War On Crime: A Roadmap To Restore Rights And Status After Arrest Or Conviction, National Association Of Criminal Defense Lawyers, Jenny M. Roberts
Research Reports & White Papers
No abstract provided.
Pregnancy On Trial: The Alabama Supreme Court’S Erroneous Application Of Alabama Chemical Endangerment Law In Ex Parte Ankrom, Rachel Suppé
Pregnancy On Trial: The Alabama Supreme Court’S Erroneous Application Of Alabama Chemical Endangerment Law In Ex Parte Ankrom, Rachel Suppé
Health Law and Policy Brief
No abstract provided.
Improving The Ethical Guidelines For Assistant United States Attorneys Who Are Considering The Declination Of A Law Enforcement Agent's Recommendation To Prosecute, Elhrick J. Cerdan
Improving The Ethical Guidelines For Assistant United States Attorneys Who Are Considering The Declination Of A Law Enforcement Agent's Recommendation To Prosecute, Elhrick J. Cerdan
Criminal Law Practitioner
No abstract provided.
Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt
Criminal Law Practitioner
No abstract provided.
Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear
Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear
Criminal Law Practitioner
No abstract provided.
On Professionalism, Civility, & Discovery, Kathryn Todryk
On Professionalism, Civility, & Discovery, Kathryn Todryk
Criminal Law Practitioner
No abstract provided.
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson
Criminal Law Practitioner
No abstract provided.
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr
Criminal Law Practitioner
No abstract provided.
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reforming The Grand Jury To Protect Privacy In Third Party Records, Andrew E. Taslitz, Stephen E. Henderson
Reforming The Grand Jury To Protect Privacy In Third Party Records, Andrew E. Taslitz, Stephen E. Henderson
American University Law Review
No abstract provided.
Avenging Revenge Porn, Samantha Kopf
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul
The Modern American
No abstract provided.
Regulation 55 And The Rights Of The Accused At The International Criminal Court, Susana Sácouto, Katherine Cleary Thompson
Regulation 55 And The Rights Of The Accused At The International Criminal Court, Susana Sácouto, Katherine Cleary Thompson
Human Rights Brief
No abstract provided.
Letter From The Editors, Human Rights Brief
A Jail By Any Other Name: Labor Camp Abolition In The Context Of Arbitrary Detention In China, Harry Wu, Cole Goodrich
A Jail By Any Other Name: Labor Camp Abolition In The Context Of Arbitrary Detention In China, Harry Wu, Cole Goodrich
Human Rights Brief
No abstract provided.
Punishments In Penal Institutions: (Dis)-Proportionality In Isolation, Jacob Zoghlin
Punishments In Penal Institutions: (Dis)-Proportionality In Isolation, Jacob Zoghlin
Human Rights Brief
No abstract provided.
Center News And Faculty Updates, Human Rights Brief
Center News And Faculty Updates, Human Rights Brief
Human Rights Brief
No abstract provided.
Moving Forward: A Reflection On Current Issues Facing International Criminal Justice With Richard Goldstone, Human Rights Brief
Moving Forward: A Reflection On Current Issues Facing International Criminal Justice With Richard Goldstone, Human Rights Brief
Human Rights Brief
No abstract provided.
Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew Ferguson
Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
This article examines the American Bar Associations’ Standards for Criminal Justice proposed Law Enforcement Access to Third Party Records (LEATPR). The article was written to be part of an Oklahoma Law Review Symposium on the subject of the LEATPR Standards. The article explores how the ABA LEATPR Standards can survive the impact of big data policing. Big data policing, as described here, involves utilizing vast, networked databases to investigate and also predict criminal activity. Big data policing involves the use of not just third party, but "fourth party" commercial aggregators as well as de-identified data sets, that eventually can be …
Foreword, The Future Of International Criminal Justice, Claudio Grossman
Foreword, The Future Of International Criminal Justice, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
International criminal law attempts to sanction crimes that have a global nature and impact. After World War II, the international community came together to begin addressing important international issues, including preventing future war and non-war related atrocities and crimes. From the International Military Tribunals established in the wake of World War II to the world's first permanent International Criminal Court (ICC), a number of international bodies, treaties, and statutes have been formed in an effort to effectively administer criminal justice on an international level. Yet the administration and application of international criminal justice has faced significant hurdles and there are …
Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman
Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
Closed environments pose a major challenge to the full and effective implementation of human rights norms and conventions. However, many conventions contain mechanisms that can be used to further advance implementation of human rights in those closed environments. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) has several mechanisms in place that play an important role in enforcing and implementing human rights obligations. Along with the creation of a supervisory organ, the Committee against Torture (the Committee), the Convention provides a framework for: State Party reporting and concluding observations (COBs) under …
Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins
Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Allocution-the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing-is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions-and many others-are answered directly in this first-ever study of judges' views and practices regarding allocution. The authors surveyed all federal …
The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins
The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
"Not guilty "-these two simple words elicit intense relieffrom any defendant at the conclusion of a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for nonindigent defendants, _financially. Where do defendants who have successfully defended themselves against criminal prosecution turn for assistance in paying the debts incurred in securing their freedom? Some states, as well as the federal government, have implemented laws that allow acquitted defendants to seek public reimbursement of certain legal expenses they incurred in their defense. These reimbursement methods differ …
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …
After The Aumf, Jennifer Daskal
After The Aumf, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
Over a dozen years later, the AUMF — which has never been amended — remains the principal source of the U.S. government’s domestic legal authority to use military force against al Qaeda and its associates, both on the battlefields of Afghanistan and far beyond. But even as the statutory framework has remained unchanged, the facts on the ground have evolved dramatically, leading some to call for a new AUMF. In short, calls for a new framework statute to replace the AUMF are unnecessary, provocative, and counterproductive; they perpetuate war at a time when we should be seeking to end it. …