Law Commons^™

Annotated Bibliography On Independent Prison Oversight, Michele Deitch

Pace Law Review

No abstract provided.

Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch

Pace Law Review

No abstract provided.

Getting To Yes In A Plra World, Elizabeth Alexander

Pace Law Review

No abstract provided.

Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard

Pace Law Review

No abstract provided.

Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham

Pace Law Review

No abstract provided.

Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner

Pace Law Review

No abstract provided.

Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf

Pace Law Review

No abstract provided.

Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck

Pace Law Review

No abstract provided.

Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard

Pace Law Review

No abstract provided.

The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman

Pace Law Review

No abstract provided.

Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers

Pace Law Review

No abstract provided.

The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger

Pace Law Review

No abstract provided.

The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern

Pace Law Review

No abstract provided.

Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle

Pace Law Review

No abstract provided.

The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale

Pace Law Review

No abstract provided.

Prison Oversight And Prison Leadership, Stan Stojkovic

Pace Law Review

No abstract provided.

The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green

Pace Law Review

No abstract provided.

Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach

Pace Law Review

No abstract provided.

From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin

Pace Law Review

No abstract provided.

Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch

Pace Law Review

No abstract provided.

Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch

Pace Law Review

No abstract provided.

What Is Reasonable Cause To Believe?: The Mens Rea Required For Conviction Under 21 U.S.C. § 841, Jonathan L. Hood

Pace Law Review

No abstract provided.

Losing Your Head In The Washer – Why The Brainwashing Defense Can Be A Complete Defense In Criminal Cases, Rebecca Emory

Pace Law Review

No abstract provided.

Returning Prosecutions To The States: A Proposal For A Criminal Justice Restoration Act, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The expensive and largely redundant Federal justice bureaucracy could be reduced to a fraction of its size by restoring to the states their traditional role of prosecuting crimes that fall under state jurisdiction. Returning criminal justice functions to the states can not only reduce the impact and effective reach of Federal power but can also achieve a surprisingly substantial decrease in Federal spending.

A small change in the wording of an existing Federal statute could accomplish the restoration.

This essay sets out and briefly analyses such a proposal.

Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos

Cornerstone 3 Reports : Interdisciplinary Informatics

No abstract provided.

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department, and the majority and dissenting opinions in the Court of Appeals. Part II addresses the question that has yet to be decided by the U.S. Supreme Court – whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address - whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. …

Free Will Ideology: Experiments, Evolution And Virtue Ethics, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The concept of free will is a problematic basis for assessing legal accountability.

First of all, free will could never have evolved in a world of ordinary biological pressures. There is, moreover, substantial experimental evidence against it. This evidentiary situation is a serious moral concern because free will ideology plays a key role in justifying punishment in criminal law. People draw a sharp distinction between the suffering of innocents and suffering that is deserved. As a basis for criminal punishment, the very concept of just deserts usually presupposes that wrongdoers have a choice in what they do.

The essay proceeds …

Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly

Pace International Law Review Online Companion

This paper explores why that incompatibility between Islam and international criminal law persists and considers recommendations for mitigating that dynamic. Why is this important? Primarily because the Western-influenced international criminal law apparatus and the Muslim world are likely to collide more often in the future. If a war crimes tribunal is established in Afghanistan, or if the trial of Syrian agents for the assassination of Lebanon’s former prime minister goes forward, it is imperative that Islamic societies touched by those processes feel a sense of “buy-in” or participation that is meaningful for them. Otherwise, it becomes the same old story …

Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article discusses Imbler’s adoption of absolute immunity for prosecutors. Part II discusses Imbler’s extension of absolute immunity to a prosecutor’s violation of his disclosure duty under Brady v. Maryland. Part III describes the ease with which prosecutors are able to evade the Brady rule and the difficulty of enforcing compliance with Brady. Part IV discusses the absence of any meaningful sanctions to deter and punish prosecutors for willful violations of Brady. Part V proposes a bad faith exception to absolute immunity of prosecutors for Brady violations.

Doubting Free Will: Three Experiments, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This paper describes three experiments that cast doubt on the existence free will. All deal with the phenomenon that, for a variety of reasons, people do not consciously experience events (including their own “choices”) at the exact instant they occur. The existence of these delays is sufficient to cast serious doubt on the possibility of conscious free will, i.e., free will as we usually understand it.

While these experiments do not definitely exclude the possibility of free will, they do provide affirmative evidence that our brains do not consciously make decisions in quite the way that introspection tells us. As …