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Articles 1 - 6 of 6
Full-Text Articles in Law
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
The Fourth Amendment requires “reasonable suspicion” to seize a suspect. As a general matter, the suspicion derives from information a police officer observes or knows. It is individualized to a particular person at a particular place. Most reasonable suspicion cases involve police confronting unknown suspects engaged in observable suspicious activities. Essentially, the reasonable suspicion doctrine is based on “small data” – discrete facts involving limited information and little knowledge about the suspect.But what if this small data is replaced by “big data”? What if police can “know” about the suspect through new networked information sources? Or, what if predictive analytics …
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Articles in Law Reviews & Other Academic Journals
"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In this Essay, I seek to build upon existing scholarship relating to DACA and DAPA, by offering an alternate lens through which to examine the programs. Specifically, I argue that DACA and DAPA, by naming and entrenching the “significant misdemeanor” bar to eligibility, contribute to a concerning expansion of “crimmigration law.” To be sure, neither program exists in codified law; nevertheless, the eligibility bars under DACA and DAPA are poised to wreak doctrinal havoc by upending the way particular criminal conduct is treated in the U.S. immigration system. In some respects, the DACA and DAPA bars are more stringent than …
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Articles in Law Reviews & Other Academic Journals
No abstract provided.