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- Bail; cash bail; money bail; pretrial; incarceration; risk assessments; PSA; electronic monitoring; pretrial defendants; bail reform; community bail funds; bail hearings; misdemeanor; California; Washington (1)
- Collaboration; Collaborators; Post-Conflict; Armed Conflict; Second World War; Criminal; Trial; Retribution; Non-Retroactivity; Criminal Justice; Truth Commissions; Persecution; Revenge; Allegiance; Duress; International Law; Citizenship; Quisling; Allied; Vichy; Lustration; Nuremberg; Prosecution; Legality; Crime; Punishment; Victims; Rome Statute; Geneva Convention; South Korea; Norway; Germany; France; Timor-Leste; South Africa; Sierra Leone Nazi; Jewish Police; United Nations; Reconstruction; Rehabilitation; Reconciliation; Truth Commission; Amnesty; War; Capital Punishment; Peace; Coercion (1)
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Articles 1 - 15 of 15
Full-Text Articles in Law
23andeveryone: Privacy Concerns With Law Enforcement’S Use Of Genealogy Databases To Implicate Relatives In Criminal Investigations, Shanni Davidowitz
23andeveryone: Privacy Concerns With Law Enforcement’S Use Of Genealogy Databases To Implicate Relatives In Criminal Investigations, Shanni Davidowitz
Brooklyn Law Review
The discovery of DNA typing in the 1980s transformed law enforcement’s ability to exonerate innocent suspects, while implicating those who are guilty, with “the power of a silent biological witness at the crime scene.” This transformation, coupled with the new trend of law enforcement’s use of genealogy databases, has created legal issues that police officers, prosecutors, genealogy companies, and policy makers are all currently trying to navigate. The technological advancement comes with serious ethical and privacy concerns, including fear of the establishment of a “genetic panopticon.” General concern exists that if a “genetic panopticon” comes to fruition, the government can …
Where Are You, Congress?: Silence Rings In Congress As Juvenile Offenders Remain In Prison For Life, Megan R. Pollastro
Where Are You, Congress?: Silence Rings In Congress As Juvenile Offenders Remain In Prison For Life, Megan R. Pollastro
Brooklyn Law Review
Over the last decade, Supreme Court precedent has changed the way courts have sentenced juveniles in the United States. It has failed, however, to clearly establish the proper handling of cases in which juveniles are sentenced to extended periods of time in prison that equate to a de facto sentence of life in prison without parole. Congress has also remained noticeably silent on the issue. Children are not considered mature enough to vote, to drink alcohol, to serve on a jury, and yet, courts treat juvenile offenders as mature enough to pay for their crimes for the remainder of their …
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Brooklyn Journal of International Law
The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …
An Intellectual History Of Mass Incarceration, Alice Ristroph
An Intellectual History Of Mass Incarceration, Alice Ristroph
Faculty Scholarship
No abstract provided.
Introducing Disruptive Technology To Criminal Sanctions: Punishment By Computer Monitoring To Enhance Sentencing Fairness And Efficiency, Mirko Bagaric, Dan Hunter
Introducing Disruptive Technology To Criminal Sanctions: Punishment By Computer Monitoring To Enhance Sentencing Fairness And Efficiency, Mirko Bagaric, Dan Hunter
Brooklyn Law Review
The United States criminal justice system is the most punitive on earth. The total correctional population is nearly seven million, equating to a staggering one in thirty-eight adults. Most of the correctional population comprises offenders who are on parole or probation, and a high portion of these defendants who are on parole or probation reoffend during the sanction period. There has been a growing consensus among lawmakers and the wider community that reforms need to be implemented to reduce the cost of criminal sanctions and to improve their effectiveness. For example, the United States Sentencing Commission has recently proposed an …
Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams
Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams
Brooklyn Law Review
Domestic violence is a national crisis impacting more than one in three women and one in four men. Abuse is often experienced in nonviolent forms, including emotional, verbal and economic abuse. This note focuses on the harms of economic abuse and, specifically, coerced debt. As society’s understanding of the nuances of domestic violence deepens, many states, including New York, have recognized economic abuse as a unique harm and have empowered family courts to adjudicate such abuse. While promising, many states have yet to devise a suitable remedy for such harm. This critical gap leaves far too many survivors of abuse …
Give Me Liberty Or Give Me . . . Alternatives?: Ending Cash Bail And Its Impact On Pretrial Incarceration, Muhammad B. Sardar
Give Me Liberty Or Give Me . . . Alternatives?: Ending Cash Bail And Its Impact On Pretrial Incarceration, Muhammad B. Sardar
Brooklyn Law Review
Every day in the United States, thousands of pretrial defendants are imprisoned due to their inability to afford bail. These individuals have not been convicted of an offense, yet are incarcerated for the crime of being poor. Pretrial incarceration wreaks havoc both on the individual detainee and society at large. Pretrial detainees are more likely to plead guilty, receive higher sentences, and face grave future economic prospects. The cash bail system in particular disproportionately affects racial minorities, furthering the already racially disparate outcomes inherent in the U.S. criminal justice system. From a societal perspective, the increased rate of incarceration due …
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners, Alexander Brock
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners, Alexander Brock
Journal of Law and Policy
For centuries, the writ of habeas corpus has allowed imprisoned men and women to challenge the validity of their detention as the final source of relief from criminal sentences. For those convicted of the death penalty, it is the last resource standing between life and death. Despite its monumental significance in America’s legal history, the “Great Writ” was dealt a devastating blow with the introduction of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996. Designed to expedite the legal processes from sentencing to execution, AEDPA drastically limited the avenues of relief sought by habeas petitioners. Yet, the law …
Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto
Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto
Journal of Law and Policy
Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn’t we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . . . 32% is the federal recidivism rate. 19%? 19% is the recidivism rate of defendants tried and sentenced in your court, Judge Barish. It’s one of the lowest in the Southern District. 34%? That’s the recidivism rate of EVALUATE, higher than the national average, 15 points behind you.
The Place Of The People In Criminal Procedure, Jocelyn Simonson
The Place Of The People In Criminal Procedure, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
Thoughts On Zaibert's Rethinking, Michael Cahill
Thoughts On Zaibert's Rethinking, Michael Cahill
Faculty Scholarship
No abstract provided.
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts
Faculty Scholarship
No abstract provided.
The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson
The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson
Brooklyn Law Review
This article examines how terror non-states, such as ISIS and Boko Haram, blur the distinctions between non-state actors and states under international law. Terror non-states’ confounding of this dichotomy undermines the efficacy of international human rights law in the territories that they control, complicates responsive foreign military intervention, and confuses the appropriate legal framework that governs armed conflicts in which they are involved. This article assesses these challenges and makes recommendations from a perspective that gives primacy to the protection and liberation of vulnerable populations. The article recommends that the United Nations Security Council pass a resolution that mandates that …
A Safe Harbor In The Opioid Crisis: How The Federal Government Should Allow States To Legislate For Safe Injection Facilities In Light Of The Opioid Public Health Emergency, Amber A. Leary
Brooklyn Law Review
Opioid addiction is wreaking havoc across the United States, leading to a shocking number of overdoses and deaths. This epidemic has prompted the Trump Administration to declare opioid abuse a public health emergency and to call for increases in evidence-based treatment for those addicted to harmful opioids. To combat this epidemic, some cities have embraced one such evidence-based treatment plan—safe injection facilities—which are infirmaries where drug users can inject pre-obtained drugs under the supervision of nurses or overdose reversal specialists who can respond in real time to prevent overdose and death. Though safe injection facilities outside the United States have …
Arrests As Guilt, Anna Roberts