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Full-Text Articles in Law
Bail In The Time Of Covid-19, Thomas A. Stinson
Bail In The Time Of Covid-19, Thomas A. Stinson
Master of Laws Research Papers Repository
The COVID-19 pandemic that began in early 2020 resulted in changes to both the form and content of bail hearings and reviews within Ontario. While the statutory framework contained within sections 515, 520, 525 and 679 of the Criminal Code remained unchanged, practical changes were necessary in order to allow bail matters to occur virtually and safely. Initially, the existence of COVID-19 may have allowed for the release of some accused persons who would not have been let out on bail prior to the pandemic. By early 2021, bail courts appear to have settled into a pattern where the COVID-19 …
An Absolute Deprivation Of Liberty: Why Indigents’ Wealth-Based Discrimination Claims Brought Under The Equal Protection Clause Should Be Subject To Intermediate Scrutiny, Athena Hernandez
Golden Gate University Law Review
This Comment argues that wealth-based discrimination claims concerning pretrial detention of indigents should be analyzed under an Equal Protection framework and subjected to intermediate scrutiny. In order to provide an overview of the Supreme Court precedent established for these types of claims, Part I of this Comment will discuss the relevant and historic Supreme Court cases which have analyzed wealth-based incarceration claims in the United States. To further establish how Federal Courts have treated wealth-based incarceration Equal Protection claims, Part II will discuss the Fifth Circuit’s relevant opinions. Part III outlines the court’s decision in Walker, discussing how the …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania
Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania
Northwestern University Law Review
The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a much higher rate than the states—more than 60% of U.S. citizen-defendants were detained pending trial by federal courts last year. But federal defendants virtually never fail to appear in court, and they are rarely arrested for new crimes while on pretrial release. And unlike state court systems, cash bail is …
My Cash Is My Bond: Recognizing Rights To Cash Bail Forfeiture Exoneration In Washington, Olivia Hagel
My Cash Is My Bond: Recognizing Rights To Cash Bail Forfeiture Exoneration In Washington, Olivia Hagel
Washington Law Review
When criminal defendants fail to appear for a court date after they are released on a bail bond or cash bail, Washington courts will likely forfeit their bail. And when the defendant reappears—whether a day, a month, or a year later—that same court might return, or “exonerate,” the bail bond or cash bail.
But Washington does not treat cash bail and bail bonds similarly in the context of forfeiture exoneration. Commercial bail bond agents enjoy robust statutory and judicial avenues for the return of their forfeited bail bonds. A little over one-hundred years ago, the Supreme Court of Washington treated …
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks
Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks
All Faculty Scholarship
This Article presents a unique argument: police misconduct records should be accessible and applicable for pre-trial criminal proceedings. Unfortunately, the existing narrative on the value of police misconduct records is narrow because it exclusively considers how these records can be used to impeach officer credibility at trial. This focus is limiting for several reasons. First, it addresses too few defendants, since fewer than 3% of criminal cases make it to trial. Second, it overlooks misconduct records not directly addressing credibility—such as records demonstrating paperwork deficiencies, failures to appear in court, and “mistakes” that upon examination are patterns of abuse. Finally, …