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Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January 26, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Domestic Violence: An Evaluation Of Policy Effects On Arrests For The Riverside County Sheriff's Department From 1987 To 1997, James Patrick Mcelvain

Theses Digitization Project

No abstract provided.

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Kentucky Law Journal

No abstract provided.

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

The Fall And Rise Of Criminal Theory, George P. Fletcher

Faculty Scholarship

These are good times – at least for the theory of criminal law. This special issue of Buffalo Criminal Law Review testifies to a remarkable surge of interest among younger scholars in perennial questions: Why should we punish offenders? Do we require a human act as a precondition for liability and what is its structure? What does it mean for someone to be guilty or culpable for committing an offense? How do we avoid contradictions in structuring the criteria of liability? The time has come for renewed intensity in pondering and discussing these basic issues.

The contributions of this symposium …

Reasonable Certainty And Reasonable Doubt, Henry L. Chambers, Jr.

Law Faculty Publications

Ultimately, this article is about how well different definitions of reasonable doubt fit society's goals for the criminal justice system. To be clear, this article is not about which definition is best. That question is far broader than the one I seek to explore. Determining what definition of reasonable doubt is best for the system is a question for another time. Rather, this article describes a few different ways that reasonable doubt and the presumption of innocence can be interpreted and considers the implications of applying those differing interpretations. Part II of this article examines how the criminal justice system …

Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …

Truth In Codification, George P. Fletcher

Faculty Scholarship

Some men think that the earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it?

These are the words of Thomas More as interpreted by Robert Bolt in his play A Man for All Seasons. More invokes the issue of scientific truth to question Parliament's authority to determine whether King Henry VIII should be recognized as the head of the Church of England. The point is well taken. When the issue is scientific …

Broadly Speaking - November 19, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Path To Habeas Corpus Narrows: Interpreting 28 U.S.C. § 2254(D)(1), Sharad Sushil Khandelwal

Michigan Law Review

The enforcement of the U.S. Constitution within the criminal justice system is an odd subspecies of constitutional law. In areas other than criminal law, federal courts act as the ultimate guarantors of constitutional rights by providing remedies whenever violations occur. Criminal law, however, is different by necessity; the bulk of criminal justice occurs in state courthouses, leaving constitutional compliance largely to state judges. The U.S. Supreme Court, of course, may review these decisions if it chooses, but a writ of certiorari can be elusive, especially given the Court's shrinking docket. After World War II, however, this feature of criminal constitutional …

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - September 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April 22, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Judge Phyllis A. Kravitch And Criminal Justice: Noteworthy Opinions, Mina Kaufman

Georgia State University Law Review

Judge Phyllis A. Kravitch authored many significant opinions concerning criminal justice during her distinguished career on the Former Fifth and Eleventh Circuit Courts of Appeals. This article summarizes the most noteworthy opinions.

Development Of A Curriculum For A 24-Hour Advanced Officer Narcotics Course, Donald Joseph Potts

Theses Digitization Project

No abstract provided.

Race, Cops, And Traffic Stops, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …

A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry

Theses : Honours

When an offender receives a non-custodial sentence following remand custody then concerns must be raised that the pre-trial remand imprisonment was unnecessary and improper, with judicial, economic and humanitarian consequences that run counter to the philosophical and legislative expectations of a democratic justice system. This study analysed the use of remand custody orders over a six month charge period, by magistrates in Western Australia, to determine what proportion of offenders spent time in remand custody prior to receiving a noncustodial sentence. The results indicate that magistrates use the remand custody facility as a "short, sharp shock" to deter future offending, …

Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz

Fordham Urban Law Journal

This Note argues that the application of the dual sovereignty doctrine to cases involving successive state and federal prosecutions, where the initial prosecution resulted in an acquittal, violates the Double Jeopardy Clause of the Fifth Amendment. Part I discusses the rationale for the prohibition against double jeopardy and the principle of dual sovereignty. Part II outlines the Supreme Court jurisprudence regarding successive prosecutions brought by independent sovereigns. Part III reviews the arguments against applying the dual sovereignty doctrine in the context of successive prosecutions where the initial prosecution resulted in an acquittal and proposes that the Supreme Court reconsider the …

Alaska Justice Forum ; Vol. 13, No. 4 (Winter 1997), Claus N/A, N/A Bureau Of Justice Statistics

Vols 11-20 (1994-2004)

In the Winter 1997 issue of the Alaska Justice Forum, a certified interpreter for the federal and California court systems corrects misunderstandings about the nature of language interpretation in legal proceedings, observing that accurately interpreting to and from English in proceedings requires a language proficiency often misunderstood by participants in the court proceedings, and that lack of proficient interpretation can give rise to errors which threaten the integrity of the justice process. An accompanying sidebar describes the legal interpretation practice in Alaska courts and other Alaska justice agencies. A related article highlights two committees working on the problems presented by …

Passion's Progress: Modern Law Reform And The Provocation Defense, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Based on a systematic study of fifteen years of passion murder cases, this article concludes that reform challenges our conventional ideas of a "crime of passion" and, in the process, leads to a murder law that is both illiberal and often perverse. If life tells us that crimes of passion are the stuff of sordid affairs and bedside confrontations, reform tells us that the law's passion may be something quite different. A significant number of the reform cases the author has studied involve no sexual infidelity whatsoever, but only the desire of the killer's victim to leave a miserable relationship. …

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.

Old Chief V. United States: Stipulating Away Prosecutorial Accountability?, Daniel Richman

Faculty Scholarship

Earlier this year, in Old Chief v. United States, the Supreme Court finally resolved a circuit split on a nagging evidentiary issue: When a defendant charged with being a convicted felon in possession of a firearm offers to satisfy one of the statute's elements by stipulating to the existence of a prior felony conviction, may the government decline the stipulation and prove the existence and the nature of that prior felony?

The question of evidence law resolved in Old Chief is not particularly earth-shattering. Indeed, while the Court divided five to four on the issue, neither Justice Souter's opinion …

Correctional Management : The Systemic Impact And Consequences Of Truth-In-Sentencing Legislation, Timothy S. Sexton

Dissertations and Theses @ UNI

Recently, a growing number of states have enacted truth-in-sentencing policies which will ensure that certain violent offenders serve at least 85% of their sentence. These policies are designed as a general deterrent to crime by placing an offender behind bars without the chance of parole. Theoretically by increasing the incarceration rate, "the effects of incapacitation will grow because fewer offenders will be free to victimize the population at large" (Parent, Dunworth, McDonald, & Rhodes, 1997, p.l). Although, truth-in-sentencing policies may sound practical, there is growing debate as to the systemic impact that truth-in-sentencing laws will have on correctional systems.

This …

Alaska Justice Forum ; Vol. 13, No. 3 (Fall 1996), Erlich N/A, N/A Bureau Of Justice Statistics, Pamela Cravez

Vols 11-20 (1994-2004)

The Fall 1996 issue of the Alaska Justice Forum leads with a discussion of the particularities of justice system issues in the Northwest Arctic Borough based on historical evidence, research and personal observations made from Judge Richard Erlich’s experience as a long-term resident and Superior Court judge in Kotzebue. The Bureau of Justice Statistics reports on criminal victimization in the United States in 1994. The Joint State-Federal Courts Gender Equality Task Force reports on its three-year investigation into gender bias in Alaska state and federal courts, finding that sex-related bias affects not only litigants, witnesses, lawyers, employees, and judges with …

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America