Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Articles (2)
- Michigan Law Review (2)
- All Faculty Scholarship (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
-
- Catholic University Law Review (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- ExpressO (1)
- Faculty Publications (1)
- Maine Statistical Analysis Center (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of Race and Law (1)
- NYLS Law Review (1)
- Project on Addressing Prison Rape - Articles (1)
- Scholarly Articles (1)
- University of Miami Inter-American Law Review (1)
- Washington and Lee Law Review (1)
- William & Mary Environmental Law and Policy Review (1)
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Law
Progressive Facade: How Bail Reforms Expose The Limitations Of The Progressive Prosecutor Movement, Sarah Gottlieb
Progressive Facade: How Bail Reforms Expose The Limitations Of The Progressive Prosecutor Movement, Sarah Gottlieb
Washington and Lee Law Review
Progressive prosecutors have been acclaimed as the new hope for change in the criminal legal system. Advocates and scholars touting progressive prosecution believe that progressive prosecutors will use their power and discretion to address systemic racism and end mass incarceration. Just as this hope has arisen, however, so have concerns that meaningful change cannot be enacted within the criminal system by the very actors whose job it is to incarcerate. This Article highlights these concerns by looking at the bail reforms enacted by four different progressive prosecutors and analyzes the initial promises made, the actions taken to reform and eliminate …
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Articles
During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …
Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph
Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph
Maine Statistical Analysis Center
The Maine Statistical Analysis Center (SAC), partnered with the Maine Prosecutors Association (MPA) to establish statewide and by-district prosecutorial data for a five-year period (2017-2021). These baseline data are for a variety of criminal cases, charges, and outcomes and this report is the first of its kind for Maine. The MPA sought to detail these baseline figures and trends in an annual report to both support the ongoing work of Maine’s District Attorneys to address serious crime through data-informed decision-making and to enable key stakeholders and the public to better understand how limited public resources are being used by their …
To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan
To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan
University of Miami Inter-American Law Review
A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …
The Missing Algorithm: Safeguarding Brady Against The Rise Of Trade Secrecy In Policing, Deborah Won
The Missing Algorithm: Safeguarding Brady Against The Rise Of Trade Secrecy In Policing, Deborah Won
Michigan Law Review
Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants must have access to the technologies accusing them, access that trade secrecy inhibits. Thus far, this tension is being resolved too far in favor of the trade secret holder—and at too great an expense to the defendant. The wrong balance has been struck.
This …
Southern Harm: Analyzing The Criminal Enforcement Of Environmental Law In The Southern United States, 1983-2019, Joshua Ozymy, Melissa L. Jarrell
Southern Harm: Analyzing The Criminal Enforcement Of Environmental Law In The Southern United States, 1983-2019, Joshua Ozymy, Melissa L. Jarrell
William & Mary Environmental Law and Policy Review
When violations of environmental laws involve significant harm or culpable conduct, the application of criminal enforcement tools is required. Yet, our understanding of how environmental laws have been criminally enforced historically in the Southern United States remains poor. Our goal is to analyze historical charging and sentencing patterns and show the broader themes that emerge in environmental crime prosecutions over time in the region. Through content analysis of all 2,588 criminal prosecutions resulting from U.S. EPA criminal investigations, 1983–2019, we select all 799 prosecutions occurring in the Southern United States. Results show that 44% of prosecutions focus on water pollution, …
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner
State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner
Scholarly Articles
State prosecutors around the country have played a crucial role in mass imprisonment. Little supervision and virtually unsurpassed decision making power have provided them with unrivaled influence over the size, growth, and composition of our criminal justice system. They decide which cases to prosecute, whether to divert a case, whether to offer a plea, and what sentence to recommend. Their impact does not stop at sentencing. They weigh in on alternative dockets, supervision violations, parole release, and even clemency requests. But they are also part of a larger system that constrains them. Funding, judicial limits on their power, and legislative …
Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson
Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson
All Faculty Scholarship
Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …
Prosecutors And Voters Are Becoming Smart On Crime, Barbara L. Mcquade
Prosecutors And Voters Are Becoming Smart On Crime, Barbara L. Mcquade
Articles
How to explain the recent trend of electing reform-minded local prosecutors? It may be that voters are seeing through tough talk to embrace smarter strategies to reduce crime.
Predictive Prosecution, Andrew Ferguson
Predictive Prosecution, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Police in major metropolitan areas now use “predictive policing” technologies to identify and deter crime. The early successes of predictive policing have led a few prosecutor’s offices to adopt quasi-“predictive prosecution” strategies. Predictive prosecution involves the identification and targeting of suspects deemed most at risk for future serious criminal activity, and then the use of that information to shape bail determinations, charging decisions, and sentencing arguments. This type of “Moneyball” prosecution has begun in New York City and Chicago, and this essay addresses the promise and peril of this new technology.This essay for the Wake Forest Law Review’s Symposium on …
Increasing Police Accountability: Restoring Trust And Legitimacy Through The Appointment Of Independent Prosecutors, Kami Chavis Simmons
Increasing Police Accountability: Restoring Trust And Legitimacy Through The Appointment Of Independent Prosecutors, Kami Chavis Simmons
Faculty Publications
Criminal prosecution of police officers raises a myriad of issues that this Article will begin to explore. First, while there has been a paradigmatic shift in police accountability in recent decades from remedies focusing on individual officers to those focusing on broad organizational reform, this Article will explore the important role that the deterrence rationale of criminal prosecution might play as one tool to address police misconduct. Second, other than deterrence, criminal prosecutions serve numerous goals, including retribution for the harms imposed upon the victims and society for the crimes. Historically, many racial minorities, when compared with their white counterparts, …
The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland
The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland
Catholic University Law Review
No abstract provided.
Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin
Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin
NYLS Law Review
No abstract provided.
Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi
Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi
Project on Addressing Prison Rape - Articles
The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
ExpressO
This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
Michigan Journal of Race and Law
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Michigan Journal of Gender & Law
This Article will examine six months of data on arrests for domestic violence in the cities of Ypsilanti and Ann Arbor. In order to be able to interpret what the data means Lyon did some other research. The results were surprising- for example, although women tend to be injured most severely by domestic violence, they use violence in intimate relationships a little more often than men. Part I of this Article traces a brief history of domestic violence and discusses the issue of who commits domestic violence, Part II discusses the "must arrest" and "should arrest" policies and their history, …
An Introduction To Riot Legislation, Jerold H. Israel
An Introduction To Riot Legislation, Jerold H. Israel
Book Chapters
My speech will provide an introduction to criminal code legislation specifically pertaining to riots and a brief description of our recent experience with riots. Hopefully, this description, supplemented by the film on the Detroit riot, will provide an appropriate factual background for both the remainder of my own talk and the analyses of proper police procedures during riots (and other civil disorders) to be presented by Major Brown and Professor Martin.
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Michigan Law Review
The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.