Digital Commons Network^™

Injustice And The Disappearance Of Discretionary Detention Under Trump: Detaining Low Risk Immigrants Without Bond, Robert Koulish, Kate Evans

Faculty Scholarship

This Report demonstrates that the Immigration and Customs Enforcement (ICE) violates legal requirements to provide immigrants with an individualized custody determination. Trump’s enforcement policies brought a surge of low-risk immigrants into ICE custody. The detention risk tool was supposed to train officers and strongly discourage them from detaining low-risk immigrants who posed no harm to society and were not a flight risk. Data received pursuant to FOIA show the opposite result. ICE has failed to perform the individualized assessment and restrict its use of civil detention to only those whose high levels of dangerousness and risk of flight justify their …

The Wandering Officer, Ben Grunwald, John Rappaport

Faculty Scholarship

“Wandering officers” are law-enforcement officers fired by one department, sometimes for serious misconduct, who then find work at another agency. Policing experts hold disparate views about the extent and character of the wandering-officer phenomenon. Some insist that wandering officers are everywhere—possibly increasingly so—and that they’re dangerous. Others, however, maintain that critics cherry-pick rare and egregious anecdotes that distort broader realities. In the absence of systematic data, we simply do not know how common wandering officers are or how much of a threat they pose, nor can we know whether and how to address the issue through policy reform.

In this …

The Law Of Corporate Investigations And The Global Expansion Of Corporate Criminal Enforcement, Jennifer Arlen, Samuel W. Buell

Faculty Scholarship

The United States model of corporate crime control, developed over the last two decades, couples a broad rule of corporate criminal liability with a practice of reducing sanctions, and often withholding conviction, for firms that assist enforcement authorities by detecting, reporting, and helping prove criminal violations. This model, while subject to skepticism and critiques, has attracted interest among reformers in overseas nations that have sought to increase the frequency and size of their enforcement actions. In both the U.S. and abroad, insufficient attention has been paid to how laws controlling the conduct of corporate investigations are critical to regimes of …

Judging Eyewitness Evidence, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Undeliverable: Suspended Driver's Licenses And The Problem Of Notice, Brandon L. Garrett, Karima Modjadidi, William Crozier

Faculty Scholarship

In North Carolina, one in seven adult drivers currently has a suspended license for nondriving related reasons. As in many other states, in North Carolina, driver’s licenses are commonly suspended, for reasons unrelated to safety, when a person fails to appear in court in response to notice of a traffic court date or fails to pay traffic fines. Notices of traffic court dates are sent by mail, typically to the address on record at the Department of Motor Vehicles, as are subsequent notices that the consequence for nonappearance will be a driver’s license suspension. To better understand the effects of …

A Unified Constitutional View Of Financial Punishment: Synthesizing The Excessive Fines Clause And Bearden­ Based Protections, Joshua A. Feinzig

Faculty Scholarship

This Note coordinates the Eighth Amendment Excessive Fines Clause with the Fourteenth Amendment wealth-discrimination protection set forth in Bearden v. Georgia It is generally assumed that the two protections operate independently: while the Excessive Fines Clause protects individuals against exorbitant financial obligations, Bearden limits the state from converting criminal debt into a severe liberty deprivation. But in recognizing how the two doctrines are normatively and functionally reinforcing, this Note proposes a single framework for considering financial punishment's constitutionality.

If the Eighth Amendment protection applies at the imposition of a financial punishment, Bearden provides a "second look" at the constitutionality of …

Call It What It Is: Genocide Through Male Rape And Sexual Violence In The Former Yugoslavia And Rwanda, Claire Bradford Di Caro

Duke Journal of Comparative & International Law

Genocide and its various iterations have repeatedly been contextualized in narratives assuming that victims are female. Part of this is due to the irrefutable data that shows the overwhelming number of victims are female. The United Nations 1948 treaty known as the Convention on the Prevention and Punishment of the Crime of Genocide provided for a definition for genocide that purposefully included other forms of genocide, particularly genocidal rape and sexual violence. Yet the two most comprehensive genocidal tribunals, the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), refrained from charging criminals with genocide …

Alaska’S Constitution And Felony Disenfranchisement: A Historical And Legal Analysis, Jc Croft

Alaska Law Review

A disproportionately high segment of Alaska’s incarcerated population is non-white, placing many of these citizens under the purview of the state’s felony disenfranchisement statute. This Article argues that the Alaska legislature has impermissibly broadened the scope of the felony disenfranchisement provision over time. This provision, expressly included in the Alaska Constitution and specifically debated during the convention, permits the revocation of voting rights for a person convicted of a felony involving “moral turpitude.” Rather than leave the definition of this provision to the courts, the Alaska legislature has toyed repeatedly with identifying the crimes that involve moral turpitude. Not only …

The Trajectory Of Forensics, Peter Neufeld

Duke Law Journal Online

No abstract provided.

Volume 103, Number 2 (Summer 2019)

Judicature

No abstract provided.

Black Robes, White Judges: The Lack Of Diversity On The Magistrate Judge Bench, Jennifer L. Thurston

Law and Contemporary Problems

No abstract provided.

Choosing Leadership Judges By State Supreme Court Appointment: Analysis Of A Court Reform, Robert M. Brutinel

Law and Contemporary Problems

No abstract provided.

Re-Evaluating Competence To Stand Trial, David Collins

Law and Contemporary Problems

No abstract provided.

Mass Incarceration: The Obstruction Of Judges, Tracie A. Todd

Law and Contemporary Problems

No abstract provided.

Note: Children At The Border: Existing Tools For Effective Advocacy, Mollie Thompson

Law and Contemporary Problems

No abstract provided.

Gamble V. United States: A Commentary, Kayla Mullen

Duke Journal of Constitutional Law & Public Policy Sidebar

Under the judicially created dual-sovereignty exception, a defendant may be prosecuted by state and federal governments for the same conduct, due to the fact that the state and federal government constitute two separate sovereignties. The doctrine is grounded in the idea that each sovereign derives its power from independent sources—the federal government from the Constitution and the states from their inherent police power, preserved to them by the Tenth Amendment—and thus, each sovereign may determine what constitutes an offense against its peace and dignity in an exercise of its own sovereignty. Under this exception, defendants, by a single act, may …

The Paradox Of Policing As Protection: A Harm Reduction Approach To Prostitution Using Safe Injection Sites As A Guide, Emani Walks

Duke Journal of Gender Law & Policy

No abstract provided.

Where To Prosecute Cybercrimes, Jacob T. Wall

Duke Law & Technology Review

Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper …

Equal Dignity And Unequal Protection: A Framework For Analyzing Disparate Impact Claims, Kyle P. Nodes

Duke Law Journal Online

The Supreme Court has long endorsed the theory of the “colorblind” Equal Protection Clause, viewing it as a mandate of only facial equality. Due to rigid doctrine that limits true protection to only a short, stagnant list of fundamental rights and suspect classifications and that requires proof of discriminatory intent, only the most blatant, purposeful inequality is within constitutional reach. Festering outside of this doctrinal sphere are powerful examples of state actions that impose disparate impacts on marginalized communities, such as the nationwide system of laws that disqualify individuals—disproportionately black men—with felony convictions from the jury pool.

However, the door …

Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig

Duke Law & Technology Review

As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based open source …

Suspended Sentences And Service Labor In Israel—From Alternatives To Imprisonment To Net-Widening, Nevine Emmanuel, Oren Gazal-Ayal

Law and Contemporary Problems

No abstract provided.

Foreword: Alternatives To Imprisonment: Recent International Developments, Oren Gazal-Ayal, Julian V. Roberts

Law and Contemporary Problems

No abstract provided.

Articulating The Custody Threshold, Neil Hutton

Law and Contemporary Problems

No abstract provided.

Community Sanctions As Substitutes To Imprisonment In The Nordic Countries, Tapio Lappi-Seppälä

Law and Contemporary Problems

No abstract provided.

Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard S. Frase

Law and Contemporary Problems

No abstract provided.

Swimming Against The Tide: The Suspended Sentence Order In England And Wales, 2000-2017, Keir Irwin-Rogers, Julian V. Roberts

Law and Contemporary Problems

No abstract provided.

Missed Opportunities: A Postmortem On Canada’S Experience With The Conditional Sentence, Cheryl Marie Webster, Anthony N. Doob

Law and Contemporary Problems

No abstract provided.

Targeting Poverty In The Courts: Improving The Measurement Of Ability To Pay, Meghan M. O’Neil, J.J. Prescott

Law and Contemporary Problems

No abstract provided.

Exploring Probation Supervision Compliance In The Netherlands, Pauline G.M. Aarten

Law and Contemporary Problems

No abstract provided.

Suspended Sentences In Australia: Uncertain, Unstable, Unpopular, And Unnecessary?, Arie Freiberg

Law and Contemporary Problems

No abstract provided.