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Full-Text Articles in Law

Panelist, Wrongful Conviction And The Dna Revolution: 25 Years Of Freeing The Innocent, Robert Bloom Sep 2015

Panelist, Wrongful Conviction And The Dna Revolution: 25 Years Of Freeing The Innocent, Robert Bloom

Robert M. Bloom

No abstract provided.


Ethical Responsibilities Of Prosecutors After Conviction, R. Michael Cassidy Sep 2015

Ethical Responsibilities Of Prosecutors After Conviction, R. Michael Cassidy

R. Michael Cassidy

Presentation at the conference Wrongful Convictions and the DNA Revolution.


Panelist, Wrongful Convictions And The Dna Revolution, Sharon Beckman Sep 2015

Panelist, Wrongful Convictions And The Dna Revolution, Sharon Beckman

Sharon Beckman

Participant in a panel on The Global Innocence Movement.


Co-Organizer, Innocence Investigation Conference, Sharon Beckman Sep 2015

Co-Organizer, Innocence Investigation Conference, Sharon Beckman

Sharon Beckman

No abstract provided.


Oral Argument, United States V. Ademir Castro-Vazquez, Sharon Beckman Jul 2015

Oral Argument, United States V. Ademir Castro-Vazquez, Sharon Beckman

Sharon Beckman

Oral Argument on behalf of Defendant-Appellant by Appointment of U.S. Court of Appeals for the First Circuit under Criminal Justice Act. The appeal was successful as the Court vacated the sentence and remanded for further proceedings.


Presenter, The Diversity Of Innocence Educational Programs, Sharon Beckman Jun 2015

Presenter, The Diversity Of Innocence Educational Programs, Sharon Beckman

Sharon Beckman

No abstract provided.


The Science Of Memory And Eyewitness Identification, Sharon Beckman Jun 2015

The Science Of Memory And Eyewitness Identification, Sharon Beckman

Sharon Beckman

No abstract provided.


Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper May 2015

Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper

Danielle Ireland-Piper

Nations states are demonstrating an increased willingness to assert jurisdiction over conduct occurring extraterritorially. This paper considers why that may be the case, and seeks to examine the extent to which assertions of extraterritorial criminal jurisdiction are consistent with the rule of law. Case studies of assertions of extraterritorial jurisdiction are presented and analysed using five principles as benchmarks. To that end, the rule of law is taken to refer to the following five principles: 1) The law must be both readily known and available, and certain and clear; 2) The law should be applied to all people equally, and …


Who Should Investigate Police-Involved Killings?, R. Michael Cassidy May 2015

Who Should Investigate Police-Involved Killings?, R. Michael Cassidy

R. Michael Cassidy

Police officers in the United States fatally shoot hundreds of people each year, but only a small handful of these incidents result in the police officer facing criminal charges.


Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper May 2015

Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper

Danielle Ireland-Piper

Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …


Law Day Panelist On Race And Criminal Justice System, Robert Bloom Apr 2015

Law Day Panelist On Race And Criminal Justice System, Robert Bloom

Robert M. Bloom

Professor Bloom participated in a panel addressing race and the criminal justice system at the May 2015 Law Day. He was also awarded the William J. Kenealy, SJ, Alumnus of the Year Award.


Developments In The Enforcement Of White Collar Crime, R. Michael Cassidy Apr 2015

Developments In The Enforcement Of White Collar Crime, R. Michael Cassidy

R. Michael Cassidy

Presented at conference sponsored by La Société de Législation Comparée in Paris.


Moderator, Collaborating Against Wrongful Convictions, Sharon Beckman Mar 2015

Moderator, Collaborating Against Wrongful Convictions, Sharon Beckman

Sharon Beckman

Moderated the panel Collaborating Against Wrongful Convictions. Sponsored by the Boston College Innocence Program.


Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt Mar 2015

Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt

Bruce Watt

Although research indicates that juveniles should be found unfit to plead at a greater rate than adults, that is not the case in Queensland. This article presents data from a research project designed to explore potential reasons for this anomaly.The data from that project revealed that the main reason rests with legal practitioners who decide not to raise unfitness. Such a decision is usually either due to jurisdictional constraints or other strategic or pragmatic concerns. In this article, it is argued that the law on fitness to plead in Queensland is in need of reform to combat such practice. The …


Panel 1: Gideon, Strickland, And The Right To Effective Representation, Brandon Garrett, Don Dripps, Ty Alper, Robin Steinberg, Erik Luna Feb 2015

Panel 1: Gideon, Strickland, And The Right To Effective Representation, Brandon Garrett, Don Dripps, Ty Alper, Robin Steinberg, Erik Luna

Ty Alper

No abstract provided.


Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm Dec 2014

Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm

James W. Diehm

No abstract provided.


Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid Dec 2014

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

No abstract provided.


Presenter: Correcting A False Step: Rethinking The “Actual Expenses” Affirmative Defense To The Texas Constructive Trust Fund Act, Wayne Barnes Nov 2014

Presenter: Correcting A False Step: Rethinking The “Actual Expenses” Affirmative Defense To The Texas Constructive Trust Fund Act, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly Nov 2014

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly

Peter R. Reilly

No abstract provided.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly Nov 2014

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly

Peter R. Reilly

No abstract provided.


Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison Oct 2014

Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison

Caren Myers Morrison

David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets. To support his argument, Jaros adopts the tenets of neoclassical deterrence theory, which assume that criminalizing an activity will deter its occurrence. But the model Jaros employs has its limits. The weakness of a rational choice account of criminal markets is that it relies so heavily on the assumption that prospective criminals will be aware of, and swayed by, criminal laws that might in fact be quite …


Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison Oct 2014

Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison

Caren Myers Morrison

This Note considers the self-incrimination dilemma raised by a capital defendant's allocution statements at the sentencing phase of his trial. Allocution gives a defendant the opportunity to make a direct plea to the sentencing judge or jury. However, in a system where reversals are common, admissions made at sentencing in one trial may be used against the defendant at retrial, chilling the practice. After examining the origins of this country's bifurcated system of capital punishment and tracing the evolution of the common law right of allocution, the author contends that this ancient practice should assume a greater role in the …


Keynote Address, Criminal Justice Policy In America, R. Michael Cassidy Sep 2014

Keynote Address, Criminal Justice Policy In America, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Panelist, Cnn Panel Discussing The Film Whitey: Usa V. James J. Bulger, Robert Bloom Sep 2014

Panelist, Cnn Panel Discussing The Film Whitey: Usa V. James J. Bulger, Robert Bloom

Robert M. Bloom

No abstract provided.


Panel Discussion, Jimmy Gurule Jun 2014

Panel Discussion, Jimmy Gurule

Jimmy Gurule

No abstract provided.


The Effect Of Hawaii’S Ban The Box Law On Repeat Offending, Stewart D'Alessio, Lisa Stolzenberg, Jamie Flexon Feb 2014

The Effect Of Hawaii’S Ban The Box Law On Repeat Offending, Stewart D'Alessio, Lisa Stolzenberg, Jamie Flexon

Lisa Stolzenberg

The social stigma accompanying an official criminal record hinders the ability of an individual to acquire quality and stable employment, which is problematic because of the often reported nexus between unemployment and criminal behavior. Ban the box laws that limit an employer’s use of criminal background checks during the hiring process are being established across the country to help integrate ex-offenders into the labor force. The current study investigates whether Hawaii’s 1998 ban the box law reduced repeat offending in Honolulu County. Logistic regression results show that a criminal defendant prosecuted in Honolulu for a felony crime was 57% less …


Sex Trafficking Laws In East Tennessee, Cheryl George Professor Jan 2014

Sex Trafficking Laws In East Tennessee, Cheryl George Professor

Cheryl Page

No abstract provided.


A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger Dec 2013

A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger

Robert M. Sanger

Scientific or expert testimony is often critical in criminal cases. The Supreme Court has established that the trial judge is the "gatekeeper" who is to determine what evidence is allowed before the jury. The current rules of evidence are not organized in a way that makes this task readily intelligible. This chapter proposes a more direct our-step process to accomplish the gatekeeping function.


Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom Oct 2013

Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom

Robert Bloom

No abstract provided.


Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom Oct 2013

Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom

Robert Bloom

No abstract provided.