Law Commons^™

Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen

Chicago-Kent Law Review

This is another in a series of papers examining the interaction between the implications of the deadly dilemma of governing that virtually all governmental action involves unavoidable conflict between equally laudatory goals and the conventional way of thinking about social errors. Typically the pursuit of any particular goal has as its consequence precisely the kind of harm that is desired to be avoided. For example, serious felons are sent to prison in part to protect innocent parties from their future predations, but those same felons often prey upon fellow prisoners, including murder. Moreover, felonies committed in prison only begin the …

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew

BYU Law Review

No abstract provided.

Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland

Human Rights & Human Welfare

The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …

The Fair Sentencing Act: Exploring Solutions To Unintended Interpretations Of Law, Jessica Floyd

North Carolina Central Law Review

No abstract provided.

Foreword, Deanna Coleman

North Carolina Central Law Review

No abstract provided.

Blurring The Lines: How State V. Bowden Accurately Interprets The Meaning Of Life Sentence, Sidney Minter

North Carolina Central Law Review

No abstract provided.

Prisoners For Sale: Making The Thirteenth Amendment Case Against State Private Prison Contracts, Ryan S. Marion

William & Mary Bill of Rights Journal

No abstract provided.

A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell

Buffalo Public Interest Law Journal

No abstract provided.

A Door Closed: The Right To Full Appellate Review Of Sentences Of Life Imprisonment Without Parole In West Virginia, Linnsey Evick

West Virginia Law Review

No abstract provided.

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.

Washington and Lee Law Review

No abstract provided.

Reservations About Extending Bivens To Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers For Constitutional Violations, Blake R. Bertagna

Pace Law Review

No abstract provided.

Felon Disenfranchisement: A Call For Legislative Reform, Timothy P. Gilligan

Journal of Race, Gender, and Ethnicity

No abstract provided.

Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang

Journal of Race, Gender, and Ethnicity

No abstract provided.

"One Of The Dirty Secrets Of American Corrections": Retaliation, Surplus Power, And Whistleblowing Inmates, James E. Robertson

University of Michigan Journal of Law Reform

Retaliation is deeply engrained in the correctional office subculture; it may well be in the normative response when an inmate files a grievance, a statutory precondition for filing a civil rights action. This Article, the first to address comprehensively the sociological and constitutional aspects of retaliation, argues for protecting grievants through safeguards much like those accorded whistleblowers. Part I of the Article provides a socio-legal primer on correctional officer retaliation by addressing the frequency of retaliation, its causes, and its constitutional taxonomy. Part II describes the elements of a prima facie case of unconstitutional retaliation under § 1983. Part III …

Felon Disenfranchisement And The Systemic Racism Of The Criminal Justice System, Matthew D. Itkin

Journal of Race, Gender, and Ethnicity

No abstract provided.

Reawakening "Privileges Or Immunities": An Originalist Blueprint For Invalidating State Felon Disenfranchisement Laws, John B. Schrader

Vanderbilt Law Review

Terrence Johnson, Jim Harris, and Alexander Friedman, all Tennessee residents, have a few things in common. All are convicted felons: Johnson for federal wire fraud, Harris for drug offenses and burglary, and Friedman for assault and aggravated armed robbery.' All had completed their respective terms of imprisonment, parole, and probation for those offenses by February 2008. But all nevertheless were saddled with various unpaid legal obligations: Johnson with $40,000 in restitution in connection with his offense and $1,200 in overdue child support payments; Harris with $2,500 in overdue child support payments; and Friedman with $1,000 in restitution in connection with …

Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler

BYU Law Review

No abstract provided.

The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede

Brigham Young University Journal of Public Law

No abstract provided.

Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud

North Carolina Central Law Review

No abstract provided.

Prison Conditions And Inmate Competency To Waive Constitutional Rights, Shireen A. Barday

West Virginia Law Review

No abstract provided.

The Government Menage 'A Trois: Unraveling The Government Sex Partner In Undercover Prostitution Stings, Kelley Frances Stieler

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Police Corruption Control In Hong Kong And New York City: A Dilemma Of Checks And Balances In Combating Corruption, Jinhua Cheng

Brigham Young University Journal of Public Law

No abstract provided.

Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul

Michigan Journal of Gender & Law

Despite its prevalence, sexual expression among inmates is currently prohibited in United States prisons. Recent scholarship, however, has advocated allowing certain types of sexual expression in women's prisons. The advocates of such a position differentiate between different types of sex within the correctional system: sexual expression that the system has no interest in prohibiting and should not bar, and sex acts that the system does have an interest in prohibiting and should continue to regulate. This position is based on the dual assumptions that, first, women in prison as a collective unit would benefit from some types of sexual expression, …

Honesty Is The Best Policy: A Case For The Limitation Of Deceptive Police Interrogation Practices In The United States, Irina Khasin

Vanderbilt Journal of Transnational Law

In the United States, police officers regularly employ deceptive interrogation tactics to extract confession evidence from suspects. Despite widespread recognition of the harm caused by police deception, courts in the United States have consistently condoned the practice, refusing to exclude confessions obtained through manipulative and deceitful means. The British Parliament has recognized that deceptive police practices yield false confessions and, thus, wrongful convictions. The Police and Criminal Evidence Act of 1984 addresses this concern by establishing clear rules for the police to follow and by empowering courts to enforce those rules. In evaluating the need for reform in American police …

Police Violence In Brazil, Kyra Moon

Human Rights & Human Welfare

“This was just the beginning. They want war, and they‟ll get war. The problem of trafficking will only be resolved with blood. It is the only language they understand.” This was the response of Mario Azevedo, chief delegate of the 21st police precinct in the Bonsucsso neighborhood in Rio de Janeiro, after drug traffickers killed three police officers. Three days after that assault, one hundred and twenty heavily armed police officers stormed into the Nova Brasilia favela (the Brazilian term for slum or shantytown) and killed thirteen residents, four of which were minors. Press reports initially described this incident in …

Talvi, Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Pace Law Review

No abstract provided.

Violence Against Sex Workers In Latin America: Pervasiveness, Impunity, And Implications, Stephanie A. Bell

Human Rights & Human Welfare

On December 17, 2005, two transgendered sex workers in Guatemala City were shot in the head, one fatally. Witnesses—including the survivor—alleged that police forces shot the victims. Human rights advocates have argued that the attack was part of a broader social cleansing campaign that has targeted all sex workers.

Sex workers in Latin America are subjected to violence regularly. This violence varies greatly, but its pervasiveness and the impunity for perpetrators are two common themes. Violence against sex workers comes from many different sources: police, pimps, johns, serial killers, gang members and others. The violence also takes many forms, including …

On Appeal: Reviewing The Case Against The Death Penalty, Dawinder S. Sidhu

West Virginia Law Review

No abstract provided.

Rico Overreach: How The Federal Government's Escalating Offensive Against Gangs Has Run Afoul Of The Constitution, Matthew H. Blumenstein

Vanderbilt Law Review

The United States has a problem with gangs. According to the Department of Justice, there are more than twenty thousand gangs in the United States today, with over one million members. There are gangs in every state and in the District of Columbia. This is a dire problem in the eyes of federal government officials. According to Attorney General Michael Mukasey, "Gangs threaten our society .... They bring a culture of violence and drugs to our doorsteps, creating an atmosphere of fear, diminishing the quality of life, and endangering the safety, well-being, and future of our children." In response, the …