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Full-Text Articles in Law

Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman Nov 2013

Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman

Presentations

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help …


Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax Aug 2013

Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax

Presentations

No abstract provided.


Searching For Solutions To The Indigent Defense Crisis In The Broader Criminal Justice Reform Agenda, Roger Fairfax Jun 2013

Searching For Solutions To The Indigent Defense Crisis In The Broader Criminal Justice Reform Agenda, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

As we mark the fiftieth anniversary of the Gideon v. Wainwright decision, the nearly universal assessment is that our indigent defense system remains too under-resourced and overwhelmed to fulfill the promise of the landmark decision, and needs to be reformed. At the same time, fiscal necessity and moral outrage have prompted a historic reexamination of outdated policies that have led to an overreliance on incarceration and inefficiencies in the administration of criminal justice. This Essay argues that there are synergies between the indigent defense reform agenda and the broader criminal justice reform agenda, which places a premium on cost-effective, evidence-based, …


Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar Feb 2013

Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar

Legislation and Policy Brief

In 1941, members of the Attorney General’s Committee on Administrative Procedure agreed unanimously that “an important and far-reaching defect of administrative law has been the simple lack of public information concerning its substance and procedure.” The Freedom of Information Act (FOIA) uniquely addresses this concern by providing members of the general public an opportunity to consider and respond to administrative action by viewing actual agency records. FOIA affords broad access to “any person,” and it has become a key tool for both organizations and individuals who not only wish to learn more about the inner workings of the U.S. government, …


The Road To Abolition: How Widespread Legislative Repeal Of The Death Penalty In The States Could Catalyze A Nationwide Ban On Capital Punishment, Nicholas M. Parker Feb 2013

The Road To Abolition: How Widespread Legislative Repeal Of The Death Penalty In The States Could Catalyze A Nationwide Ban On Capital Punishment, Nicholas M. Parker

Legislation and Policy Brief

On December 17, 2007, former New Jersey Governor Jon Corzine signed into law a bill that abolished his state’s death penalty, saying he felt a “moral duty to end ‘state-endorsed killing.’” With Corzine’s signature, New Jersey became the fourteenth state to eradicate the death penalty, and the first to do so legislatively since Iowa and West Virginia legislators did away with capital punishment in 1965. The vote by New Jersey lawmakers followed close, but ultimately unsuccessful, votes on similar bills in Colorado, Maryland, Montana, Nebraska, and New Mexico earlier in 2007. And while it took more than thirty-one years for …


Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya Jan 2013

Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya

Criminal Law Practitioner

No abstract provided.


From Selfies To Shackles: Why The Government May Be Able To Search Your Cell Phone Without A Warrant, Rochelle Brunot Jan 2013

From Selfies To Shackles: Why The Government May Be Able To Search Your Cell Phone Without A Warrant, Rochelle Brunot

Criminal Law Practitioner

No abstract provided.


Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi Jan 2013

Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi

Reports

From 1999 to 2012, The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law had a cooperative agreement with the National Institute of Corrections (NIC) to provide training to high-level correctional decisionmakers on key issues in addressing and investigating staff sexual misconduct. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and offender-on-offender sexual abuse. In 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on addressing sexual abuse of youth in custody. This handbook …


Crashing The Misdemeanor System, Jenny M. Roberts Jan 2013

Crashing The Misdemeanor System, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.

Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …


Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez Jan 2013

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar Jan 2013

Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar

Criminal Law Practitioner

No abstract provided.


Toward A Conceptual Framework For Trauma-Responsive Practice In Courts, Shawn C. Marsh, Joan Byer Jan 2013

Toward A Conceptual Framework For Trauma-Responsive Practice In Courts, Shawn C. Marsh, Joan Byer

Criminal Law Practitioner

No abstract provided.


Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto Jan 2013

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …


Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal Jan 2013

Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

In October 2012, a panel of the D.C. Circuit dealt a blow to the United States’ post- September 11, 2001 decade-long experiment with military commissions as a forum for trying Guantanamo Bay detainees. Specifically, the court concluded that prior to the 2006 statutory reforms, military commission jurisdiction was limited to violations of internationally-recognized war crimes; that providing material support to terrorism was not an internationally-recognized war crime; and that the military commission conviction of Salim Hamdan for material support charges based on pre-2006 conduct was therefore invalid. Three months later, a panel of the D.C. Circuit reached the same conclusion …


"I Am Ronald Cotton": Teaching Wrongful Convictions In A Criminal Law Class, Cynthia E. Jones Jan 2013

"I Am Ronald Cotton": Teaching Wrongful Convictions In A Criminal Law Class, Cynthia E. Jones

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly Jan 2013

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Articles in Law Reviews & Other Academic Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …


International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto Jan 2013

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.


In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis Jan 2013

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …


From The Editors, Megan Petry, Joseph Hernandez Jan 2013

From The Editors, Megan Petry, Joseph Hernandez

Criminal Law Practitioner

No abstract provided.


Drowned Out Without Discovery: Post-Conviction Procedural Inadequacy In An Era Of Habeas Deference, Rachel Cohen, Krista Dolan Jan 2013

Drowned Out Without Discovery: Post-Conviction Procedural Inadequacy In An Era Of Habeas Deference, Rachel Cohen, Krista Dolan

Criminal Law Practitioner

No abstract provided.


Confronting The Dead: The Supreme Court's Confrontation Clause Jurisprudence And Its Implications For Autopsy Reports, Reid R. Allison Jan 2013

Confronting The Dead: The Supreme Court's Confrontation Clause Jurisprudence And Its Implications For Autopsy Reports, Reid R. Allison

Criminal Law Practitioner

No abstract provided.


A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen Jan 2013

A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen

Criminal Law Practitioner

No abstract provided.


D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects, Monika Mastellone Jan 2013

D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects, Monika Mastellone

Criminal Law Practitioner

No abstract provided.


Indemnification Agreements & Right To Counsel For Individuals And Corporations: Implications And Pitfalls For Prosecutors And Defense Counsel In Complex White-Collar Enforcement And Asset Forfeiture Actions, Joseph Hernandez Jan 2013

Indemnification Agreements & Right To Counsel For Individuals And Corporations: Implications And Pitfalls For Prosecutors And Defense Counsel In Complex White-Collar Enforcement And Asset Forfeiture Actions, Joseph Hernandez

Criminal Law Practitioner

No abstract provided.