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Articles 1 - 7 of 7
Full-Text Articles in Law
Assessing Legal Responses To Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes Than Punitive Responses, Elizabeth E. Coleman, Monica K. Miller
Assessing Legal Responses To Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes Than Punitive Responses, Elizabeth E. Coleman, Monica K. Miller
Journal of Law and Health
Expressing a growing concern for fetal well being, the 2006 Idaho Senate passed legislation that permits criminal charges to be brought against women who abuse illegal drugs while pregnant. This bill allows for the potential incarceration of violators for up to five years, as well as a possible $50,000 fine. In some locations, women have the option of choosing to go to drug court instead of serving time in jail or prison. These drug courts provide drug treatment, case management, drug testing, and supervision, while requiring women who abuse illegal drugs to regularly report to scheduled status hearings before a …
Inconsistent Methods For The Adjudication Of Alleged Mentally Retarded Individuals: A Comparison Of Ohio's And Georgia's Post-Atkins Frameworks For Determining Mental Retardation, Scott R. Poe
Cleveland State Law Review
This Note compares Ohio's and Georgia's post-Atkins frameworks for determining mental retardation. Ohio's framework offers a fairer application of Atkins and should serve as a guide for a national legal standard for use by state trial courts to determine mental retardation. Specifically, Ohio's use of preponderance of the evidence is a more appropriate standard of proof for determining mental retardation because it better reaches the overall goal in Atkins. Allowing the judge to make the mental retardation determination protects the alleged mentally retarded defendant from potential jury bias. Because Ohio's and Georgia's definitions of mental retardation are substantially similar and …
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Cleveland State Law Review
Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …
Aedpa Statute Of Limitations: Is It Tolled When The United States Supreme Court Is Asked To Review A Judgment From A State Post-Conviction Proceeding, Diane E. Courselle
Aedpa Statute Of Limitations: Is It Tolled When The United States Supreme Court Is Asked To Review A Judgment From A State Post-Conviction Proceeding, Diane E. Courselle
Cleveland State Law Review
This thirty-seven word provision [the tolling provision in the Antiterrorism and Effective Death Penalty Act] has been construed by the United States Supreme Court three times since 1996, and yet several questions remain unanswered. One such unanswered question is whether tolling occurs when a petitioner files a petition for writ of certiorari to the United State Supreme Court from the state court postconviction decision. In other words, does seeking the United States Supreme Court's review from a state court's final decision on an "application for State post-conviction or other collateral review" keep the state post-conviction application "pending?" That is the …
Booker And Our Brave New World: The Tension Among The Federal Sentencing Guidelines, Judicial Discretion, And A Defendant's Constitutional Right To Trial By Jury, Kristina Walter
Cleveland State Law Review
This Note examines the inherent conflict among the Federal Sentencing Guidelines, judicial discretion, and a defendant's Sixth Amendment right to a trial by jury. Part two of this Note will provide a historical overview of the Guidelines. Part three will discuss the application of the Guidelines and the role of juries and judges at sentencing hearings. Part four will highlight criticisms relating to how the Guidelines often usurp power from juries and judges. Part five will examine the milestone cases of Blakely v. Washington, United States v. Booker, and United States v. Fanfan (hereinafter "Booker" refers to the combined cases …
Shame And The Meaning Of Punishment, Chad Flanders
Shame And The Meaning Of Punishment, Chad Flanders
Cleveland State Law Review
This Essay critiques the shaming punishments debate, not in the interest of defending one side or the other, but to make more explicit the paradox with which this Essay began. This Essay also advances the proposal that a consistent liberalism, one that demands that all citizens be respected equally, is incompatible with any punishment that requires the infliction of hard treatment (treatment which inflicts pain or suffering) or humiliation on the offender. It is important to bracket the practical consequences of this proposal. Perhaps it was proposals like this one that made Nietzsche worry about the progressive softening of societies …
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Cleveland State Law Review
This article will discuss the emergence of GPS technology in the field of criminal law and propose that Ohio embrace GPS monitoring as an alternative to the incarceration of nonviolent offenders. Part II will begin by briefly outlining the history of GPS technology. Part II will then discuss the use of GPS monitoring in the field of law enforcement. Specifically, this Part will illustrate the different components necessary for the implementation of an effective GPS monitoring program and explain the use of inclusion and exclusion zones. Part III will examine the status of Ohio's state prison system and will focus …