Law Commons^™

'To Empower And Amplify Lgbtq+ Voices' 09-16-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Freedom Isn’T Free: Why Washington State Needs To Move Beyond A Cash Bail System, Andre Jimenez

Global Honors Theses

Despite the belief that our justice system holds people “innocent until proven guilty,” for those who are unable to pay for their freedom from pretrial detention, they find the opposite to be true. The cash bail system in this country allows people to pay a court-determined fee to be released from jail after arrest while they wait for their trial. But as this paper demonstrates, the cash bail system as it currently stands in Washington State criminalizes poverty and simultaneously exacerbates racial inequities. Under this system, accused individuals who cannot afford bail, as well as their families, face extreme social …

Minimum Sentences, Maximum Suffering: A Proposal To Reform Mandatory Minimum Sentencing, Jordan Ramsey

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper offers several proposals to reform mandatory minimum sentencing laws and asks how we can best uphold Freedom and the Rule of Law within sentencing law.

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - American Revival: Citizenship & Virtue

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Extraordinary (Circumstances) Injustice, Melissa Capalbo

St. John's Law Review

(Excerpt)

The box . . . . It’s a small room, so you really don’t move
around a lot. You wake up, and there’s a toilet right next to
your head. You look out the window and you see birds fly-
ing, and that only leads your mind into wanting freedom
more. And since it’s a small room, it makes you think cra-
zy. . . .Right now, I’m five-foot-seven. I grew. I came here
when I was five feet tall.

This is Rikers Island. The 19-year-old boy who shared his story is certainly not alone. Thousands of youth from …

Qualified Immunity And Unqualified Assumptions, Teressa E. Ravenell, Riley H. Ross Iii

Journal of Criminal Law and Criminology

Section 1983 gives people the right to sue a government official for violating their constitutional rights. Qualified immunity provides these same officials with an affirmative defense -- even if they violated the constitution, they are not liable for monetary damages if the right at issue was not clearly established at the time of the alleged conduct. The qualified immunity is based upon the basic assumption that “a reasonably competent public official should know the law governing his conduct.” If the law was clearly established the official will be liable. If not, the Court has reasoned that it would be unfair …

Recalibrating Qualified Immunity: How Tanzin V. Tanvir, Taylor V. Riojas, And Mccoy V. Alamu Signal The Supreme Court's Discomfort With The Doctrine Of Qualified Immunity, Patrick Jaicomo, Anya Bidwell

Journal of Criminal Law and Criminology

In December 2020, the United States Supreme Court issued its most important decision on qualified immunity since Harlow v. Fitzgerald, and the issue in the case did not even involve the doctrine. In the Court’s unanimous opinion in Tanzin v. Tanvir, which dealt with the interpretation of the Religious Freedom Restoration Act, Justice Thomas explicitly distanced the Court from the very type of policy reasoning used to create qualified immunity. He also embraced the availability of damages claims against government officials as historically justified and often necessary to vindicate individual rights and to check the government’s power. The …

Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.