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Risk Assessment For Future Offending: The Value And Limits Of Expert Evidence At Sentencing, Kirk Heilbrun, Jaymes Fairfax-Columbo, Suraji Wagage, Leah Brogan

Court Review: Journal of the American Judges Association

The question of a criminal defendant’s risk for future offending may be of interest to courts in a variety of contexts. Courts may request or consider information from forensic mental health professionals regarding risk assessment, which is the formal appraisal of the probability that an offender will reoffend or commit particular acts of violence in the future.1 Risk assessment is relevant in criminal contexts such as capital sentencing, criminal responsibility, and commitment of sexually violent predators; it also arises in civil contexts including civil commitment, workplace disability, child custody, and child protection.2 In some instances, risk assessment also may be …

A Review Of State Standards For Batterer Intervention Treatment Programs And The Colorado Model, Angela Gover, Tara Richards

Court Review: Journal of the American Judges Association

Many states aiming to improve domestic-violence offender treatment have passed legislative standards for Batterer Intervention Treatment (BIT). This article reviews existing literature in relation to state standards for BIT in general and Colorado’s unique model for BIT specifically. In addition, existing research focused on the Colorado model’s adherence to evidence-based practices and principles is discussed, and ongoing research that examines the relationship between the novel elements of the Colorado model and BIT completion and recidivism is explained.

Court Review 53:4 (2017)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

148 The Calm Before the Storm? Selected Criminal-Law Cases in the Supreme Court’s 2016-2017 Term.

158 How Judges Can Reduce Racial Disparities in the Criminal- Justice System.

162 R-E-S-P-E-C-T: Transgender Pronoun Preference and the Application of the Model Code of Judicial Conduct.

170 The Impact of the Gerhardt Decision on Marijuana Driving Cases.

174 Asocial Media: When Lawyers and Judges Must

Disconnect. DEPARTMENTS SPECIAL FEATURES

138 Editor’s Note.

139 President’s Column.

140 Thoughts from Canada.

177 Crossword.

188 The Resource Page. SPECIAL FEATURES

178 The Best of Court Review: 1998–2017.

Court Review: The Journal Of The American Judges Association, Volume 53, Issue 4, Editor's Note

Court Review: Journal of the American Judges Association

This issue contains several articles of interest. We start with a review of the past year’s criminal decisions from the United States Supreme Court and the Supreme Court of Canada. We are incredibly grateful to Berkeley Law Professor Chuck Weisselberg, who has been reviewing the United States Supreme Court’s criminal cases for us for the past decade. This year, our Canadian columnist, Judge Wayne Gorman, has devoted his column in the issue to recent Canadian criminal decisions. The issue also includes several other articles, with topics ranging from how to reduce racial disparities in the criminal-justice system to how to …

How Judges Can Reduce Racial Disparities In The Criminal-Justice System, Matthew Clair, Alix S. Winter

Court Review: Journal of the American Judges Association

For decades, researchers and policymakers have been concerned about the disproportionate presence of blacks and Latinos in the criminal-justice system.1 While a fairly substantial proportion of these racial disparities can be explained by greater criminal involvement among blacks and Latinos in certain crimes,2 researchers continue to find that, even after controlling for differences in criminal behavior and other legally relevant factors, minorities are treated more punitively than similarly situated whites from arrest to sentencing in numerous jurisdictions.3 Consequently, researchers suggest that racial disparities arise not just from disproportionate criminal involvement or the disparate impact of facially neutral laws but also …

Prosecuting Elder Abuse: A First-Hand Account, Page Ulrey

Court Review: Journal of the American Judges Association

I didn’t know what elder abuse was when I agreed to become our office’s first dedicated elder-abuse prosecutor. It was 2001 and Norm Maleng, my boss and the elected prosecutor for King County, Washington, had decided it was time for our office to respond to this growing issue. He had seen Paul Greenwood, San Diego County’s elder-abuse prosecutor and a passionate advocate for abused elders, speak on the subject and was inspired to create a similar position here. At that time, there were only a handful of dedicated elder-abuse prosecutors in the country, most of them in California.

Maleng had …

Recent Developments In Domestic-Violence Law In Canada, Australia, And New Zealand, Wayne K. Gorman

Court Review: Journal of the American Judges Association

With the demise of the Law Reform Commission of Canada, proposals for changes to our criminal-law processes at the federal level tend to be statutory in nature. In this edition’s column, I want to review some recent studies and reports in the area of domestic violence released in Canada, Australia, and New Zealand.

CANADA

A recent call for proposals from the Public Health Agency of Canada contained an interesting review of the problem of domestic violence in Canada. The Public Health Agency of Canada is a governmental agency designed to “promote and protect the health of Canadians through leadership, partnership, …

The Impact Of The Supreme Court Of Canada On The Law Of Bail, Wayne K. Gorman

Court Review: Journal of the American Judges Association

The Supreme Court of Canada, through a series of judgments, has had a significant impact on the law of judicial interim release (or “bail”) in Canada. As will be seen, this impact has occurred in relation to the law of bail at both the trial and appellate level and includes two decisions rendered this year. In this column I intend to examine this impact by briefly reviewing the law of bail in Canada and then illustrating the significant impact of the Supreme Court of Canada’s decisions in this area.

The starting point is that in Canada, bail is entirely a …

Court Review 53:4 (2017) - Contents

Court Review: Journal of the American Judges Association

ARTICLES

148 The Calm Before the Storm? Selected Criminal-Law Cases in the Supreme Court’s 2016-2017 Term.

158 How Judges Can Reduce Racial Disparities in the Criminal- Justice System.

162 R-E-S-P-E-C-T: Transgender Pronoun Preference and the Application of the Model Code of Judicial Conduct.

170 The Impact of the Gerhardt Decision on Marijuana Driving Cases.

174 Asocial Media: When Lawyers and Judges Must Disconnect.

DEPARTMENTS SPECIAL FEATURES

138 Editor’s Note.

139 President’s Column.

140 Thoughts from Canada.

177 Crossword.

188 The Resource Page.

SPECIAL FEATURES

178 The Best of Court Review: 1998–2017.

Context Is Everything: Victims Who Stand Accused, Teresa M. Garvey

Court Review: Journal of the American Judges Association

Thanks to significant reforms over the past few decades, the American justice system today recognizes that intimate-partner violence is not a private wrong, but an evil that society as a whole condemns. Courts routinely issue protective orders to enhance victim safety and punish convicted batterers 1 with sentences commensurate with the seriousness of the harm they inflict. However, the dynamics of abuse and the pernicious effects of ongoing violence are not always recognized or taken into proper account when a victim of battering stands accused of some sort of wrongdoing, whether in criminal court or in the course of family-court …

Introduction, Lynn Rosenthal

Court Review: Journal of the American Judges Association

More than 20 years ago, I spoke at a meeting of a newly constituted task force on domestic violence in Florida. As the director of the state domestic-violence coalition, my job was to inspire local communities to take action. In those days, the principles promoted by the Violence Against Women Act (VAWA) of victim safety and offender accountability were just beginning to take hold. My presentation was pretty basic: the dynamics of domestic violence, its effects on victims, and the tactics offenders use to make victims look like they are the problem. After my talk, a family-court judge waited in …

Court Review 53:1 (2017) - Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

10 Introduction.

12 A Survivor’s Tale.

14 Context Is Everything: Victims Who Stand Accused.

22 Domestic Violence Expert Witness Testimony: A Guide for the Judiciary.

36 A Review of State Standards for Batterer Intervention Treatment Programs and the Colorado Model.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

4 Thoughts from Canada.

42 Crossword.

44 The Resource Page.

Senate Journal: Seventy-First General Assembly First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Dignity And The Death Penalty In The United States Supreme Court, Bharat Malkani

UC Law Constitutional Quarterly

The concept of dignity is central to moral and legal issues about the death penalty. The United States Supreme Court has justified the use of dignity to retain the use of the death penalty. However, this article argues that dignity should not be used as a means to uphold the use of capital punishment. Instead, the concept of dignity involves the relationship between the "human dignity" of the people involved in the crime, the dignity of the wider community in whose name the death penalty is being imposed, and the dignity of the legal institution that administers capital punishment. As …

Protecting Our Defenders: The Need To Ensure Due Process For Women In The Military Before Amending The Selective Service Act, Kelsey L. Campbell

UC Law Constitutional Quarterly

On January 1, 2016, all previously closed frontline military occupations were opened to women for the first time in U.S. history. Shortly thereafter, several military leaders and politicians stated that due to the change in policy, women were then "equal to men" in the military and, therefore, should be required to register for Selective Service-the system that maintains a list of Americans fit for service in the event a military draft is requested by the president. While the recent change extended employment opportunity to women within the military, a number of polices and laws prevent women from achieving equality in …

Radical Dissents In International Criminal Trials, Neha Jain

Articles

No abstract provided.

The History And Future Of Capital Punishment In The United States, Robert Stein

Articles

No abstract provided.

Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill

Kentucky Law Journal

The foundational elements of criminal law, actus reus and mens rea, are vague, imprecise, and indeterminate categories that are based on outdated notions about human behavior. These confused categories affect not only what legally constitutes choice, volition, and intent, but also the defendant's ability to present evidence (since the categories define the evidence that will be admissible), and ultimately, criminal liability. In this Article we explain how neuroscience allows us to reconsider these legal concepts and conceive a more informed view of human behavior (and therefore criminal liabilty). The Article explains how distortions in brain function affect the way …

Recasting Vagueness: The Case Of Teen Sex Statutes, Cynthia Godsoe

Washington and Lee Law Review

When two minors below the age of consent have sex, who is the victim and who is the offender? Statutory rape law makes consensual sex among minors illegal in almost every state. Where half of high school students have had intercourse, the law’s immense scope and inevitable underenforcement allow prosecutors to virtually define the crime by the tiny percentage of cases they choose. Through the lens of peer statutory rape, this Article introduces and critiques “vaguenets”—broad, under-defined laws that punish widespread and largely harmless conduct, and invite selective enforcement. Like problematic police dragnet searches, the immense sweep of these statutes …

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

Articles

No abstract provided.

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

Articles

No abstract provided.

Interpretive Divergence, Neha Jain

Articles

No abstract provided.

Costs Of Pretrial Detention, Shima Baughman

Utah Law Faculty Scholarship

Spending on U.S. incarceration has increased dramatically over the last several decades. Much of this cost is on incarcerating pretrial detainees—inmates not convicted of a crime—which constitute the majority of individuals in our nation’s jails. Current statutory schemes give judges almost complete discretion to order pretrial detention based on unexplained or unidentified factors. With this discretion, judges tend to make inconsistent decisions in every jurisdiction, some releasing almost all defendants—including the most dangerous—and others detaining most defendants—even those who are safe to release. There are constitutional and moral reasons to evaluate our current detention scheme, but even the fiscal impact …

Still Handcuffing The Cops? A Review Of Fifty Years Of Empirical Evidence Of Miranda's Harmful Effects On Law Enforcement, Paul Cassell, Richard Fowles

Utah Law Faculty Scholarship

The fiftieth anniversary of Miranda v. Arizona offers a chance to assess how the decision has played out in the real world and, in particular, to determine whether it has harmed law enforcement. In this Article, we take advantage of the time since the Miranda decision—now a little more than fifty years—to see whether it has produced the predicted harmful consequences. In particular, we survey the available empirical evidence about Miranda’s effects on law enforcement. We collect confession rate data, both from the time of Miranda and since, to assess whether Miranda caused confession rates to fall. We also review …

Individual Accountability For Corporate Crimes After The Yates Memo: Deferred Prosecution Agreements & Criminal Justice Reform, Paola C. Henry

American University Business Law Review

No abstract provided.

Expungement, Defamation, And False Light: Is What Happened Before What Really Happened Or Is There A Chance For A Second Act In America?, Doris Del Tosto Brogan

Loyola University Chicago Law Journal

No abstract provided.

Graduate Bulletin 2017-2018, Cuny John Jay College

College Bulletins

Covers academic year 2017-2018

R. V. Saeed: Penile Privacy And Penal Policy, Christine Mainville

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

What’s in a swab? When it comes to the law of search incident to arrest, the answer to that question turns out to be significant. In R. v. Saeed, the police took a swab of the suspect’s penis, purportedly incident to arrest, in order to link him to a sexual assault that had just taken place. Faced with the question of whether this was a permissible extension of that common law search power, the Court focussed primarily on the privacy interest in the information contained in the swab, rather than on the privacy interest engaged by the intimate nature of …

Poverty, Planning, Policy And Race: Urban Design In St. Petersburg, Florida, Since 1965, Philip Belcastro

USF St. Petersburg campus Honors Program Theses (Undergraduate)

No abstract provided.

The Minnesota School Choice Project: Part I: Segregation And Performance, Institute On Metropolitan Opportunity

Studies

For over two and a half decades, Minnesota has been ground zero for an ongoing national experiment in public school charterization. Part I of the project updates the Institute’s previous work on Twin Cities’ charter schools, which focused on their high degree of racial and economic segregation and mediocre academic performance. This latest report shows that both trends continue unabated.