Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Immigration; Immigration Enforcement; Procedural Justice; Critical Race Theory; Gangs; Gang Database; Gang Enforcement; Boston; Operation Ceasefire; Boston Miracle; Presumptions; Immigration Proceedings; Urban Policing; School to Deportation Pipeline; Asylum; First Circuit Court of Appeal; Ortiz v. Garland; Field Interrogation Observation; Social Services; Segregated Neighborhoods; ICE; Immigration and Customs Enforcement; Violent Gang Tast Force; Burden of Proof (1)
- Miranda Rights; Interrogations; Juvenile Law; Juvenile Delinquency; Juvenile Interrogations; Brain Development; Consent; Inadmissible (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Brooklyn Law Review
This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …
Inadmissibility: Solving Questionable Consent To Juvenile Interrogations, Wilson Baer
Inadmissibility: Solving Questionable Consent To Juvenile Interrogations, Wilson Baer
Brooklyn Law Review
Around the country, juveniles are brought in by police officers for the purpose of interrogations. Juveniles have the same constitutionally mandated protections as adults do and so they are read the same Miranda rights as adults are (or alternatively a version tailored specifically for juveniles). However, it is generally understood that, due to ongoing brain development, juveniles merit increased protections relative to adults. Generally, the solution to the problem has been to add an advocate for the child in the interrogation room. Usually, states have accomplished this by mandating parent presence, and some have mandated attorney presence. While these individuals …