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- Bail; pretrial detention; pretrial release; supervised release; equal protection; Fourteenth Amendment; equal justice under law; law and policy reform; law and justice (1)
- Expungement; criminal record; collateral consequences; Doe; equitable circumstances; circuit split; Certificate of Rehabilitation; philosophy of punishment; tax incentives; ex-offenders (1)
- Ineffective assistance of counsel; criminal law; criminal defense attorneys; criminal justice; professional responsibility; AEDPA; habeas; Sixth Amendment; Strickland v. Washington (1)
- Law and society; criminal justice; civil rights; race; gender-based violence; domestic violence; community (1)
- Sexual assault; intoxication; voluntary intoxication; sex crimes; consensual sex; nonconsensual sex; alcohol; drugs; consent; capacity; incapacity; sexual assault legislation (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
“Lucky” Adnan Syed: Comprehensive Changes To Improve Criminal Defense Lawyering And Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
“Lucky” Adnan Syed: Comprehensive Changes To Improve Criminal Defense Lawyering And Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
Brooklyn Law Review
Almost twenty years ago, seventeen years old and accused of murder, Adnan Syed was deprived of his Sixth Amendment right to the effective assistance of counsel at trial and sentenced to life in prison. The reality is that Syed is just another casualty of the criminal justice system’s tolerance of poor defense lawyering. The substandard quality of legal representation highlighted in Syed’s case continues to harm countless defendants nationwide, and the promise of effective assistance of counsel for the accused remains unfulfilled due to a combination of factors. This article suggests comprehensive changes to certain aspects of the criminal justice …
Wiping The Slate… Dirty: The Inadequacies Of Expungement As A Solution To The Collateral Consequences Of Federal Convictions, Alexia Lindley Faraguna
Wiping The Slate… Dirty: The Inadequacies Of Expungement As A Solution To The Collateral Consequences Of Federal Convictions, Alexia Lindley Faraguna
Brooklyn Law Review
Criminal justice reform discussions routinely permeate political and societal media forums. Many proponents of reform highlight the concern that significant collateral consequences plague ex-offenders and prohibit them from resuming a meaningful place in society. Specifically, scholars focus on the lack of employment opportunities for ex-offenders as the most salient and detrimental collateral consequence. Some academics argue the expansion of expungement of criminal records would rectify the lack of employment opportunities to this group, and correct the general societal imbalance ex-offenders face. Wiping away an ex-offender’s past transgression is seen as a public act of forgiveness that removes the possibility of …
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Brooklyn Law Review
This note contributes to the growing national consensus about the need to reduce the population of low-income defendants who are detained pretrial due to their inability to afford bail. It documents the efforts undertaken by certain state actors to mitigate the harmful consequences of wealth-based pretrial systems and critiques the so-called alternatives to cash bail—namely, supervised release programs. This note suggests that lawmakers eliminate the role of finances and incarceration in pretrial procedure altogether and recommends an approach to criminal procedure that is based not only on heuristic methods of measuring cost and benefit but also normative principles of good …
The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael
The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael
Brooklyn Law Review
Research shows that a significant number of sexual assaults occur after victims have consumed an excessive amount of intoxicants, rendering them substantially impaired and incapable of opposing nonconsensual sexual acts. Existing sexual assault statutes mostly criminalize sexual acts with involuntarily intoxicated people, namely when the defendant administered the intoxicants to the victim. Most of these statutes, however, do not directly prohibit sexual intercourse with voluntarily intoxicated victims whose intoxication was self-inflicted. While general prohibitions against sexual intercourse with physically and mentally incapacitated individuals may be used to prosecute sexual assaults of intoxicated victims, they offer only an incomplete solution to …
The Community Politics Of Domestic Violence, Deborah M. Weissman
The Community Politics Of Domestic Violence, Deborah M. Weissman
Brooklyn Law Review
Gender violence has long been identified as a crisis of epidemic proportions that defies facile solution. Despite decades of intellectual and practical engagement, law reform, and notwithstanding increased social services and public health interventions, the rates of gender violence have not appreciably declined. The field of domestic violence advocacy is itself in a crisis, and it has been difficult to discern the best way forward. Reliance on the criminal justice system has tended to fracture the domestic violence movement even as it marginalized itself from disenfranchised populations. This article offers a case study of an incident that occurred between the …