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Articles 1 - 30 of 34
Full-Text Articles in Law
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Articles
During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …
Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph
Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph
Maine Statistical Analysis Center
The Maine Statistical Analysis Center (SAC), partnered with the Maine Prosecutors Association (MPA) to establish statewide and by-district prosecutorial data for a five-year period (2017-2021). These baseline data are for a variety of criminal cases, charges, and outcomes and this report is the first of its kind for Maine. The MPA sought to detail these baseline figures and trends in an annual report to both support the ongoing work of Maine’s District Attorneys to address serious crime through data-informed decision-making and to enable key stakeholders and the public to better understand how limited public resources are being used by their …
Creating A Better, Fairer Criminal Justice System, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Creating A Better, Fairer Criminal Justice System, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Articles
In the Fall 2022 semester, 14 law (Outside) students from the University of Pittsburgh School of Law and 14 incarcerated (Inside) students at the State Correctional Institution at Greene, in Waynesburg, Pennsylvania, took a full-semester class together called "Issues in Criminal Justice and the Law." The class, taught and facilitated by Professor David Harris, utilized the Inside-Out Prison Exchange Program pedagogy, emphasizing dialogic learning and peer teaching. The semester culminated with a group project, with the topic selected by the students: "creating a better, fairer criminal justice system." Members of the class organized themselves into small groups, each working for …
Changemakers: Master Of Studies In Law: 'Law Isn't A Foreign Language Anymore', Roger Williams University School O Law
Changemakers: Master Of Studies In Law: 'Law Isn't A Foreign Language Anymore', Roger Williams University School O Law
Life of the Law School (1993- )
No abstract provided.
The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow
The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow
Articles
Classic crimes like theft and assault are in the first instance wrongs against individuals, not against the state or the polity that it represents. Yet our legal system denies crime victims the right to initiate or intervene in the criminal process, relegating them to the roles of witness or bystander—even as the system treats prosecution as an institutional analog of the interpersonal processes of moral blame and accountability, which give pride of place to those most directly wronged. Public prosecution reigns supreme, with the state claiming primary and exclusive moral standing to call offenders to account for their wrongs. Although …
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Olin W. Thompson, Iii: Doctor Of Laws, Honoris Causa 05-08-2020, Roger Williams University School Of Law
Law School News: Olin W. Thompson, Iii: Doctor Of Laws, Honoris Causa 05-08-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
NYLS Law Review
No abstract provided.
Fictional Pleas, Thea Johnson
Fictional Pleas, Thea Johnson
Indiana Law Journal
A fictional plea is one in which a defendant pleads guilty to a crime he has not committed, with the knowledge of the defense attorney, prosecutor, and judge. With fictional pleas, the plea of conviction is detached from the original factual allegations against the defendant. As criminal justice actors become increasingly troubled by the impact of collateral consequences on defendants, the fictional plea serves as an appealing response to this concern. It allows the parties to achieve parallel aims: the prosecutor holds the defendant accountable in the criminal system, while the defendant avoids devastating noncriminal consequences. In this context, the …
Judging Judges Fifty Years After – Was Judge Julius Hoffman’S Conduct So Different?, Bennett L. Gershman
Judging Judges Fifty Years After – Was Judge Julius Hoffman’S Conduct So Different?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In Chicago, Illinois--and in courtrooms across the United States--judicial misconduct has affected trial outcomes as long as there have been trials. While Judge Julius Hoffman's conduct in the “Chicago Eight” trial is an egregious example of judicial behavior toward criminal defendants, this piece's examination of at least ten different categories of misconduct in dozens of cases makes the argument that misbehavior by judges is less of an exception to the rule of impartiality than the thinking public might know. In considering these brazen examples, practitioners and academics alike can evaluate how to best confront the extent to which conduct like …
Pro-Prosecution Doctrinal Drift In Criminal Sentencing, Margaret Truesdale
Pro-Prosecution Doctrinal Drift In Criminal Sentencing, Margaret Truesdale
Northwestern University Law Review
Federal criminal sentencing doctrine is growing increasingly favorable to the prosecution. This Note identifies two factors that contribute to this “doctrinal drift.” First, district courts rarely issue written opinions in the sentencing context. Second, prosecutors, unlike defense attorneys, can strategically forego appeal in an individual case to avoid the risk that the lower court’s pro-defense reasoning will be affirmed and become binding precedent. In fact, 99% of all appeals of sentencing decisions are defense appeals. When defendants appeal pro-prosecution lower court decisions, the appellate court usually affirms, in part due to deference. The result is a one-sided body of case …
Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco
Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco
Michigan Law Review
Federal prosecutors routinely charge public officials with “extortion under color of official right” under a public-corruption statute called the Hobbs Act. To be prosecuted under the Hobbs Act, a public official must promise official action in return for a bribe or kickback. The public official, however, does not need to have actual authority over that official action. As long as the victim reasonably believed that the public official could deliver or influence government action, the public official violated the Hobbs Act. Private citizens also solicit bribes in return for influencing official action. Yet most courts do not think the Hobbs …
Cops In Court: Assessing The Criminal Prosecutions Of Police In Six Major Scandals In The New York City Police Department From 1894 To 1994, Kevin E. Mccarthy
Cops In Court: Assessing The Criminal Prosecutions Of Police In Six Major Scandals In The New York City Police Department From 1894 To 1994, Kevin E. Mccarthy
Dissertations, Theses, and Capstone Projects
From the 1890s to the 1990s, the police department in New York City experienced six major corruption scandals that occurred at approximately twenty-year intervals. These cyclical scandals all involved intense public attention, examination by an outside agency, and a comprehensive report calling for departmental reforms to address corruption issues. The scandals resulted in turnover of police commissioners and political fallout for sitting mayors. Police officers faced transfers, administrative sanctions, dismissals, and forced retirements. Some faced criminal prosecution.
This dissertation examines prosecutions of police in the context of the city’s changing social and political circumstances surrounding the scandals, while recognizing the …
More Than Just A Potted Plant: A Court's Authority To Review Deferred Prosecution Agreements Under The Speedy Trial Act And Under Its Inherent Supervisory Power, Mary Miller
Michigan Law Review
In the last decade, the Department of Justice has increasingly relied on pretrial diversion agreements as a means of resolving corporate criminal cases short of prosecution. These pretrial diversion agreements—non-prosecution and deferred prosecution agreements—include substantive terms that a company must abide by for the duration of the agreement in order to avoid prosecution. When entering a deferred prosecution agreement, the Department of Justice files charges against the defendant corporation as well as an agreement outlining the variety of terms with which the company must comply. This delay in prosecution is permitted under the Speedy Trial Act, which provides an exception …
The American Jury System: A Synthetic Overview, Richard O. Lempert
The American Jury System: A Synthetic Overview, Richard O. Lempert
Articles
This essay is intended to provide in brief compass a review of much that is known about the American jury system, including the jury’s historical origins, its political role, controversies over its role and structure, its performance, both absolutely and in comparison to judges and mixed tribunals, and proposals for improving the jury system. The essay is informed throughout by 50 years of research on the jury system, beginning with the 1965 publication of Kalven and Zeisel’s seminal book, The American Jury. The political importance of the jury is seen to lie more in the jury’s status as a one …
Prior Sexual Misconduct Evidence In State Courts: Constitutional And Common Law Challenges, Michael L. Smith
Prior Sexual Misconduct Evidence In State Courts: Constitutional And Common Law Challenges, Michael L. Smith
Faculty Articles
Prosecuting sex crimes is a sensitive, challenging process, and many who commit these crimes end up going unpunished. While a defendant may have a history of prior sexual misconduct, the rules of evidence in most states and at the federal level generally prohibit the introduction of prior misconduct to show a defendant's propensity to commit a present crime. In response, the federal government and numerous state legislatures have adopted rules of evidence that permit the introduction of prior sexual misconduct in cases where a defendant is charged with a sexual crime.
While commentators have written in great detail about federal …
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
NYLS Law Review
No abstract provided.
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …
Promoting Prosecutorial Accountability, Independence And Effectiveness, Timothy W. Waters, Belinda Cooper
Promoting Prosecutorial Accountability, Independence And Effectiveness, Timothy W. Waters, Belinda Cooper
Books & Book Chapters by Maurer Faculty
Promoting Prosecutorial Accountability, Independence and Effectiveness assists readers in identifying and understanding best practices, and serves as a reference for policymakers, senior prosecutors, academics, and civil society leaders.
The publication should also guide and enrich national debates on prosecutorial reform, especially in countries—such as Bulgaria—which have recently transitioned to democracy.
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
ExpressO
This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Faculty Law Review Articles
Domestic violence offenses are difficult to prosecute because the batterer's actions often make the victim unavailable to testify. Since the mid- 1990s, prosecutors have pursued "victimless" prosecutions' to combat the problem.2 Victimless prosecutions seek to introduce reliable evidence without the victim's in-court testimony, often to maintain the victim's safety or to avoid re-victimizing the victim.3 The victimless prosecution is based largely on the admission of hearsay statements that a victim makes to 911 operators, police officers, doctors, nurses, paramedics, and social workers.4 Victimless prosecution has been a highly successful tool in society's efforts to eradicate domestic violence and it is …
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
Faculty Publications
Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and …
Character Evidence, James L. Kainen