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Articles 1 - 16 of 16
Full-Text Articles in Law
Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry
Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry
Jessica S. Henry
Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …
Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh
Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh
Jessica S. Henry
Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.
A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland
A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland
H. Brian Holland
Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol
Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol
Neil L Sobol
Incarceration is a family problem—more than 2.7 million children in the United States have a parent in jail or prison. It adversely impacts family relationships, financial stability, and the mental health and well-being of family members. Empirical research shows that communications between inmates and their families improve family stability and successful reintegration while also reducing the inmate’s incidence of behavioral issues and recidivism rates. However, systemic barriers significantly impact the ability of inmates and their families to communicate. Both traditional and newly developed technological communication tools have inherent advantages and disadvantages. In addition, private contracting of communication services too often …
I Know What It's Like.Pdf, Jennifer Levy-Tatum
I Know What It's Like.Pdf, Jennifer Levy-Tatum
Jennifer W. Levy-Tatum
Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol
Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol
Neil L Sobol
On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …
Clarity And Confusion: Rico's Recent Trips To The United States Supreme Court, Randy D. Gordon
Clarity And Confusion: Rico's Recent Trips To The United States Supreme Court, Randy D. Gordon
Randy D. Gordon
The complicated structure of the Racketeer and Corrupt Organization Act has bedeviled courts courts and litigants since its adoption four decades ago. Two questions have recurred with some frequency. First, is victim reliance an element of a civil RICO claim predicated on allegations of fraud? Second, what is the difference between an illegal association-in-fact and an ordinary civil conspiracy? In a series of three recent cases, the United States Supreme Court brought much needed clarity to the first question. But in another recent case, the Court upended decades of circuit-court precedent holding that an actionable association-in-fact must be embody a …
Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly
Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly
Peter R. Reilly
A recent federal appellate court ruling of first impression permits the resolution of allegations of serious corporate criminal wrongdoing by way of an Alternative Dispute Resolution mechanism called Deferred Prosecution, without appropriate judicial review. This Article describes why this ruling is ill-advised, and suggests how other courts might address these same legal issues while arriving at different conclusions. This Article argues that if federal prosecutors are going to continue using Deferred Prosecution Agreements (“DPAs”) in addressing allegations of corporate criminal misconduct, then that discretionary power must be confined and checked through meaningful judicial review. The overriding concern with the appellate …
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii
R. Michael Cassidy
According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward …
Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Liesa L. Richter
Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Liesa L. Richter
Liesa L. Richter
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Stephen E Henderson
Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia E. Jones
Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia E. Jones
Cynthia E. Jones
Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez
Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez
Stephen E Henderson
Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez
Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez
Stephen E Henderson
Brief Of Amici Curiae Criminal Procedure Professors In Gamble V. United States, No. 17-646, Stephen E. Henderson, George C. Thomas Iii, Michael J.Z. Mannheimer, Kiel Brennan-Marquez
Brief Of Amici Curiae Criminal Procedure Professors In Gamble V. United States, No. 17-646, Stephen E. Henderson, George C. Thomas Iii, Michael J.Z. Mannheimer, Kiel Brennan-Marquez
Stephen E Henderson
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
Stephen E Henderson