Law Commons^™

When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey

Robert Bloom

The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …

Juvenile Diversion Programs, Robert Marsh, Steven Patrick

Robert L. Marsh

The dilemma of dealing with youth culture has been an age-old cultural concern. The process of socializing the young and dealing with their positive and negative behaviors has concerned societies and governments as diverse as the ancient Romans and Greeks and modern Americans. In the American colonies, children occupied a low status and, as such, were treated harshly. Societies have employed a number of methods to control and teach correct behavior to the young. Most policies concentrated on some type of punishment. The public policies for youthful misbehavior in both England and its former colonies often included trial in an …

Simulating Correctional Disturbances: The Application Of Organization Control Theories To Correctional Organizations Via Computer Simulation, Steven Patrick, Patricia Dorman, Robert Marsh

Robert L. Marsh

Inmate group behavior is a complex phenomenon that many researchers have attempted to understand. Most of the individual theories applied to this issue have had limited success. This work uses computer simulation to apply a complex theory of organizational control to the issue of inmate group behavior that incorporates all the major theoretical components found in the individual theories. The complete theory is first presented and then basic simulation results are discussed. The findings show that the simulated theory produced results that are empirically realistic. The control processes used by prisons generally produce compliance from inmates but these same control …

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Addressing The Issue Of Demand In The Global Sex Trade, Cheryl George

Cheryl Page

No abstract provided.

Bar/Bri Criminal Law Review Lecture, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Juvenile And Family Violence Issues, April Meldrum

April Carroll Meldrum

No abstract provided.

International Human Rights: Global Sex Trafficking, Cheryl George

Cheryl Page

No abstract provided.

Confronting Confrontation, Mary Sue Backus

Mary Sue Backus

No abstract provided.

The Evolving Confrontation Clause, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Excusing Behavior: Reclassifying The Federal Common Law Defenses Of Duress And Necessity Relying On The Victim’S Role (Draft), Monu S. Bedi

Monu S Bedi

This article presents a theory for classifying the affirmative defenses of duress and necessity that focuses on the role of the victim in the criminal act and ultimately categorizes both defenses as excused acts. Necessity typically involves a defendant arguing that he committed the crime in order to avoid a greater evil created by natural forces. Duress usually entails a defendant arguing that he committed the crime in order to avoid unlawful physical threats made by a third party. Most scholars categorize duress as an excuse (wrongful conduct where the defendant is still found not culpable based upon mitigating circumstances) …

The Oklahoma Judicial System And Juveniles, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Researching Trafficked Women: On Institutional Ressistance And The Limits Of Feminist Reflexivity, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle

Michelle Madden Dempsey

This article exposes methodological barriers we encountered in a small research project on women trafficked for the purpose of sexual exploitation and our attempts, drawing on feminist and emergent methods, to resolve them. It critically assesses the role of institutional gatekeepers and the practical challenges faced in obtaining data directly from trafficking victims. Such difficulties, it suggests, spring at least in part from lingering disagreements within the feminist academic, legal, and advocacy communities regarding the nature, extent and definition of trafficking. They also reveal concerns from policy makers and practitioners over the relevance and utility of academic research. While feminist …

Labeling The Victim Of Sex Trafficking: Exploring The Borderland Between Rhetoric And Reality, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle

Michelle Madden Dempsey

In this article we discuss findings from a small scoping study into the experiences of victims of trafficking and those who work with them. We use testimonies from our interviews to examine issues of choice, slavery and escape. We challenge some of the current language and terminology in the literature on trafficking and call for a more nuanced appreciation of the relationship between agency and victimization.

When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey

Robert M. Bloom

The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …

Conjugal Visits Could Test The Limits Of The Fourteenth Amendment Rights To Equal Protection, Naoki Kanaboshi, J Anderson

Naoki Kanaboshi

No abstract provided.

“Intelligence Searches” And Criminal Investigative Purposes, Robert Power

Robert C Power

No abstract provided.

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

Ken Levy

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier

Melanie M. Reid

A defendant, charged with knowingly possessing material that contains images of child pornography which has been transported in interstate commerce by means of a computer, in violation 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), needs to be aware that he may be hit with a large restitution order at the time of his sentencing. At sentencing, the court not only sentences the defendant to a term of imprisonment, supervised release, and assessment, but also orders an amount of restitution to be paid to the identified victims of the child pornography. This restitution order must comply with 18 U.S.C. § 2259 which …

Prosecution Without Representation, Douglas L. Colbert

Douglas L. Colbert

Nearly 50 years after the Supreme Court's landmark ruling in Gideon v. Wainwright established indigent defendants' constitutional right to counsel, poor people throughout the country still remain without a lawyer when first appearing before a judicial officer who determines pretrial liberty or bail. Absent counsel, low-income defendants unable to afford bail remain in jail for periods ranging from 3-70 days until assigned counsel appears in-court. Examining Walter Rothgery's wrongful prosecution, the article includes a national survey that informs readers about the limited right to counsel at the initial appearance and the extent of delay in each of the 50 states. …

Insanity Defenses, Ken Levy, Walter Sinnott-Armstrong

Ken Levy

We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.