Digital Commons Network^™

Local, State, And Federal Responses To Stalking: Are Anti-Stalking Laws Effective?, Tracey B. Carter

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher

William & Mary Law Review

No abstract provided.

Charging On The Margin, Paul T. Crane

William & Mary Law Review

The American criminal justice system has experienced a significant expansion in the number and severity of penalties triggered by misdemeanor convictions. In particular, legislatures have increasingly attached severe collateral consequences to misdemeanor offenses — penalties such as requirements to register as a sex offender, prohibitions on owning or possessing a firearm, and deportation. Although there is a wealth of scholarship studying the effect this development has on defendants and their attorneys, little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence that collateral consequences exert …

In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner

Faculty Publications

This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …

Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit

Faculty Publications

This Article examines American prosecutors' approaches to uncertainty during voir dire. At different points during trial preparation and during jury selection itself-- lawyers draw on multiple interpretive systems to make sense of ordinary citizens. Taking Assistant United States Attorneys in a federal jurisdiction in the Northeast United States as a case study, and drawing on ethnographic research, I focus on three systems prosecutors alternately (and sometimes simultaneously) use to evaluate jurors: (1) probabilistic and evaluative analogies, (2) juror-types generated from the details of criminal cases, and (3) local knowledge stemming from prosecutors' relationships and experiences outside of the courtroom. I …

Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Body-Worn Cameras: Exploring The Unintentional Consequences Of Technological Advances And Ensuring A Role For Community Consultation, Kami N. Chavis

Faculty Publications

This Essay will discuss the role police body-worn cameras can play in ensuring police legitimacy by increasing transparency, deterring police and citizen misbehavior, increasing officer professionalism, providing valuable training tools, and improving evidentiary documentation when crimes occur. This Essay will also discuss the need to view body-worn cameras and similar technologies with a healthy bit of skepticism. While body-worn cameras can have a significant impact on police accountability and public safety, local officials must carefully consider camera implementation and draft clear guidelines to balance the concerns for accountability with the privacy concerns articulated below. Therefore, this Essay seeks to identify …

Orange Is The New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders, Shaina D. Massie

William & Mary Bill of Rights Journal

No abstract provided.

Sex Offender Residency Restrictions: Government Regulation Of Public Health, Safety, And Morality, John Kip Cornwell

William & Mary Bill of Rights Journal

Sex offender residency restrictions have proliferated throughout the United States over the past decade. A number of commentators have likened these laws to medieval banishment, when political outcasts and undesirables are exiled to remote areas where they cannot threaten civilized society. This Article argues first that likening modern residency restrictions to “banishment” largely misconstrues this practice as it has been practiced historically. Instead, these statutory initiatives are better understood as an assertion of governments’ police power to protect public health, safety, and morality. Seen through this lens, this Article evaluates the laws’ constitutional sufficiency with attention to their allegedly punitive …

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Faculty Publications

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.

Twelfth Annual Brigham-Kanner Property Rights Conference (Program), William & Mary Law School

2015 Property Conference

No abstract provided.

Course Schedule Fall 2015, William & Mary Law School

Course Information

No abstract provided.

Justice For The 1 Percent: A Corrupt Governor Stays Free, Those Who Should Have Never Been Jailed Die There, Jeffrey Bellin

Popular Media

No abstract provided.

Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.

Big Data Blacklisting, Margaret Hu

Faculty Publications

“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …

Admissions Brochure 2015-2016, William & Mary Law School

Admissions Brochures

No abstract provided.

Does Removing The Force Element Matter?: An Empirical Comparison Of Rape Statistics In Massachusetts And Colorado, Peter Landsman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Confronting Cops In Immigration Court, Mary Holper

William & Mary Bill of Rights Journal

Part I of the Article outlines the police report problem by discussing the four situations in which police reports are used in immigration court, why police reports are unreliable, and the scope of the problem. Part II discusses criminal law’s treatment of police reports, focusing on the Confrontation Clause of the Sixth Amendment, which provides the constitutional justification for excluding police reports in criminal cases. Part III discusses the use of hearsay evidence in immigration cases, where hearsay is allowed due to the characterization of removal proceedings as civil, not criminal. While there has been a trend to reject unreliable …

Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone

Faculty Publications

No abstract provided.

A College-Level Discussion Guide To "Speaking Their Peace: Personal Stories From The Frontlines Of War And Peace" By Colette Rausch, Christie S. Warren, Meghan Phillips, Abby Riley

Faculty Publications

No abstract provided.

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Faculty Publications

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that "collect-it-all" tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …

Body-Mounted Police Cameras: A Primer On Police Accountability Vs. Privacy, Kami Chavis Simmons

Faculty Publications

Immediately following the shooting death of Michael Brown in Ferguson, Missouri and the death of Eric Garner at the hands of a New York Police Department officer, criminal justice advocates called for greater measures to hold police officers accountable for their actions. For many observers, the failure to secure criminal indictments against the officers involved in each of these deaths of unarmed citizens suggested various shortcomings in the criminal justice system.

One of the most hotly contested reform proposals involves requiring police officers to wear body cameras. The NAACP, the ACLU, and The Lawyers' Committee for Civil Rights Under Law …

Solving Batson, Tania Tetlow

William & Mary Law Review

The Supreme Court faced an important ideological choice when it banned the racial use of peremptory challenges in Batson v. Kentucky. The Court could either ground the rule in equality rights designed to protect potential jurors from stereotyping, or it could base the rule on the defendant’s Sixth Amendment right to an “impartial jury” drawn from a “fair cross-section of the community.” By choosing the equal protection analysis, the Court turned away from the defendant and the fair functioning of the criminal justice system, and instead focused on protecting potential jurors. In doing so, the Court built a fatal error …

Course Schedule Spring 2015, William & Mary Law School

Course Information

No abstract provided.

Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.

Implicit Bias And The American Juror, Jennifer K. Elek, Paula Hannaford-Agor

Faculty Publications

On March 4, 2015, the United States Department of Justice (DOJ) released a report of findings in its investigation of the Ferguson, Missouri, criminal-justice system. The report con­tributed to the still-growing body of literature acknowledging contemporary racial inequality and recognizing that these dis­parities may not be explained on the basis of people's explicit, intentional biases alone. Although the possible effects of implicit bias on justice-sys­tem outcomes should be considered at each decision point in case processing, we focus in this article on the potential effects of implicit bias in the decision making of everyday American citizens who are randomly selected …

Increasing Police Accountability: Restoring Trust And Legitimacy Through The Appointment Of Independent Prosecutors, Kami Chavis Simmons

Faculty Publications

Criminal prosecution of police officers raises a myriad of issues that this Article will begin to explore. First, while there has been a paradigmatic shift in police accountability in recent decades from remedies focusing on individual officers to those focusing on broad organizational reform, this Article will explore the important role that the deterrence rationale of criminal prosecution might play as one tool to address police misconduct. Second, other than deterrence, criminal prosecutions serve numerous goals, including retribution for the harms imposed upon the victims and society for the crimes. Historically, many racial minorities, when compared with their white counterparts, …

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs

Faculty Publications

No abstract provided.