Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal procedure (42)
- Criminal law (38)
- Criminal Procedure (21)
- Criminal Law (19)
- Criminal justice (19)
-
- Fourth Amendment (10)
- Police (8)
- Grand jury (7)
- Constitutional Law (6)
- Criminal Law and Procedure (6)
- Law and race (6)
- Policing (6)
- Criminal Justice (5)
- Discretion (4)
- Legal education (4)
- Constitutional law (3)
- Corrections (3)
- Evidence (3)
- Human Rights Law (3)
- Jury (3)
- Plea Bargaining (3)
- Prison (3)
- Procedure (3)
- Prosecution (3)
- Prosecutor (3)
- Race (3)
- Research (3)
- Technology (3)
- Annotated bibliography (2)
- Civil Rights (2)
- Publication Year
Articles 91 - 116 of 116
Full-Text Articles in Law
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …
Prison Rape Elimination Act (Prea) Summary Of Responses From Juvenile Focus Group On Staff Sexual Misconduct And Youth On Youth Sexual Assault (Focus Group: Juvenile Justice Agencies - Addressing Rape Of Youth In Correctional Custody, Overview Of Current Efforts, Close Out And Reactions (Delivery Strategies, Products)), Brenda V. Smith, Andie Moss
Presentations
Responses to thirteen questions regarding curriculum related to staff sexual misconduct with youth and youth on youth sexual assault are provided. "The objectives of the focus groups included: (1) to gather data that will inform NIC [National Institute of Corrections] in how to best develop a juvenile oriented curriculum on staff sexual misconduct; (2) to gather data that will guide NIC in identifying the major staff sexual misconduct related issues in juvenile corrections, including what stakeholders should be consulted, and what strategies should be utilized in naming the issues and building knowledge about the PREA [Prison Rape Elimination Act]; and …
Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell
Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell
Reports
Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.
In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Articles in Law Reviews & Other Academic Journals
The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence northe opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,without due process of law[.]” While prosecutors may offer many justifications to support the practice of namingunindicted co-conspirators, these reasons do not withstand …
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith
Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith
Presentations
No abstract provided.
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith
Presentations
No abstract provided.
Mental Health And Incarceration: What A Bad Combination, Olinda Moyd
Mental Health And Incarceration: What A Bad Combination, Olinda Moyd
Articles in Law Reviews & Other Academic Journals
The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …
Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins
Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins
Articles in Law Reviews & Other Academic Journals
INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …
I Want A Black Lawyer To Represent Me: Addressing A Black Defendant's Concerns With Being Assigned A White Court-Appointed Lawyer, Kenneth P. Troccoli
I Want A Black Lawyer To Represent Me: Addressing A Black Defendant's Concerns With Being Assigned A White Court-Appointed Lawyer, Kenneth P. Troccoli
Articles in Law Reviews & Other Academic Journals
"I want a Black lawyer to represent me." These are the first words you hear after you introduce yourself to your new client. You have been appointed to represent this man on a criminal charge. You are white. He is Black. You answer that you are an experienced criminal lawyer and will represent him to the best of your ability, regardless of his or your race. He responds that he too is experienced with the criminal justice system-a system that targets Black men, like himself, for prosecution far more than whites, that sentences Black men to prison more frequently and …
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Articles in Law Reviews & Other Academic Journals
INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic …
An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed., Brenda V. Smith, Marcia Greenberger, Nancy Duff Campbell, Deborah Brake, Joanna Grossman, Kathie Donnelly, Laura Cutiletta, Christina Davis, Marelisa Fabrega, Kristin Flynn, Kristin Holman, Jessica Jackson, Heather Lamberg, Kimberly Harris, Shauna Helton, Alvin Stith, Aurie Hall, Jonathan Smith, Andie Moss, Theresa Hunt Katsel, Drs. Elaine Carmen, Shelley Neiderbach
An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed., Brenda V. Smith, Marcia Greenberger, Nancy Duff Campbell, Deborah Brake, Joanna Grossman, Kathie Donnelly, Laura Cutiletta, Christina Davis, Marelisa Fabrega, Kristin Flynn, Kristin Holman, Jessica Jackson, Heather Lamberg, Kimberly Harris, Shauna Helton, Alvin Stith, Aurie Hall, Jonathan Smith, Andie Moss, Theresa Hunt Katsel, Drs. Elaine Carmen, Shelley Neiderbach
Reports
The National Women’s Law Center is a non-profit organization that has been working since 1972 to advance and protect women’s legal rights. The Center focuses on major policy areas of importance to women and their families including education, employment, reproductive rights, health, family support and income security, with special attention given to the concerns of low-income women.
As a legal arm of the women’s movement, the Center has litigated ground-breaking cases and filed briefs in landmark Supreme Court decisions; advocated before state and federal policymakers to shape legislation and policies affecting women’s lives; and educated the public about issues important …
News Media Coverage Of The United States Supreme Court, Stephen Wermiel
News Media Coverage Of The United States Supreme Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …
The Habeas Corpus Certificate Of Probable Cause, Ira P. Robbins
The Habeas Corpus Certificate Of Probable Cause, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Legal Aspects Of Prison Riots, Ira Robbins
Legal Aspects Of Prison Riots, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement."When such a bomb detonates and a prison riot erupts, a …
Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins
Book Reviews
Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit receipt …
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno
Articles in Law Reviews & Other Academic Journals
In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Articles in Law Reviews & Other Academic Journals
Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson , C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson , C. Dienes, Michael Musheno
Articles in Law Reviews & Other Academic Journals
This two-part article reports on the findings of the "prescriptive" phase of the American University Law School's Project on Public Inebriation.' First, we provide a framework or model designed to contribute to efforts to improve the rationality of police discretion and the quality of discretionary justice. Second, we seek to increase understanding of, and provide the basis for improving, the intake process whereby public inebriates are delivered to designated facilities-jails, detoxification centers, etc.-in criminal and decriminalized jurisdictions. While the article focuses on the discretionary power of police officers to remove street inebriates, it should increase awareness of problems of decriminalizing …
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.