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Articles 1 - 30 of 41
Full-Text Articles in Law
Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching
Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching
Journal Articles
Hate crimes perpetrators select their victims based on the victims’ identity groups. Policies underlying legislation against hate crimes recognize that such crimes inflict greater harm on society than do the same actions committed for non-biased motives. Genocide may be conceptualized as hate crimes writ large; conversely, a new model of hate crimes legislation might be patterned on legal concepts of genocide scaled down to state or local levels. This new recognition could successfully address criticisms from both liberal and conservative factions along the political spectrum, offering a model that state and local governments could invoke for dealing with bias-motivated incidents …
"Serving Time And It's No Longer A Crime: An Analysis Of The Proposed Cannabis Administration And Opportunity Act, Its Potential Effects At The Federal And State Level, And A Guide For Practical Application By Local Government", R. Allyce Bailey
University of the District of Columbia Law Review
There has been much recent discussion surrounding cannabis use with some researchers supporting the use of medical marijuana, some investors relishing in the recently booming cannabis and CBD industry, and some states decriminalizing marijuana and even harsh controlled substances. As it appears, at least some public opinion is changing regarding marijuana, but the law has not effectively caught up to that change. Bias in the criminal justice system has led to the over-policing of, higher conviction rates, and harsher sentences for minorities. Thus, the decriminalization of marijuana alone does not remedy the grave disproportionate negative effects on populations of color …
Title, University Of The District Of Columbia Law Review
Title, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Journal Articles
Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by paroleboards as executive branch agents, rather …
Policing The Prosecutor: Race, The Fourth Amendment, And The Prosecution Of Criminal Cases, Renee Mcdonald Hutchins
Policing The Prosecutor: Race, The Fourth Amendment, And The Prosecution Of Criminal Cases, Renee Mcdonald Hutchins
Journal Articles
As this article explores, while the Fourth Amendment is commonly criticized for the discretion it affords police officers, an overlooked result of the amendment’s lax regulation of the police is the enhanced power it affords prosecutors. Though for a time a warrant was the notional measure of reasonableness, over the last century the Court has crafted several exceptions to that measure to give the police greater leeway during on-the-street encounters. The Court has concurrently retreated from robust application of the exclusionary rule to remedy constitutional violations. These shifts have meant far more predictable wins for the prosecution at the suppression …
Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb
Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb
University of the District of Columbia Law Review
More important than the insensitivity of certain criminal offenders to changes and benefits is the impropriety of casting the crime problem wholy in terms of a utilitarian calculus. The most serious offenses are crimes not simply because society finds them inconvenient, but because it regards them with moral horror. To steal, to rape, to rob, to assault - these acts are destructive of the very possibility of society and affronts to the humanity of their victims.
Civil Arrest? (Another) St. Louis Case Study In Unconstitutionality, Mae Quinn, Eirik Cheverud
Civil Arrest? (Another) St. Louis Case Study In Unconstitutionality, Mae Quinn, Eirik Cheverud
Journal Articles
This Article advances a simple claim in need of enforcement in this country right now: no person may be arrested for an alleged violation of civil, as opposed to criminal, law. Indeed, courts have long interpreted the Fourth Amendment as prohibiting arrest except when probable cause exists to believe that a crime has been committed and that the defendant is the person who committed the crime. However, in many places police take citizens into custody without a warrant for the non-criminal conduct of allegedly breaking civil laws. This unfortunate phenomenon received national attention in St. Louis, Missouri following the death …
In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond, Mae Quinn
Journal Articles
No abstract provided.
Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn
Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn
Journal Articles
No abstract provided.
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching
Journal Articles
This article argues that in creating the public safety exception to the Miranda requirements, the Supreme Court implicitly analogized to the criminal law doctrines of self-defense and defense of others. Thus, examining the justifications of self-defense and defense of others can be useful in determining the contours of the public safety exception and the related "rescue doctrine" exception. In particular, the battered woman syndrome -- which is recognized in a majority of the states and has been successfully invoked by defendants in some self-defense cases -- could provide a conceptual analogue for arguments about whether law enforcement officers were faced …
Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock
Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock
University of the District of Columbia Law Review
Given the recent celebrations of Gideon v. Wainwright's 5 0 th anniversary,' it is most appropriate that this Symposium issue focuses on the civil right to counsel. While Gideon was only about the right to counsel in criminal cases, many of the events and articles marking the anniversary discussed the interplay between criminal and civil cases,2 even reaching the front page of the New York Times 3 and various radio shows. 4 Yet historically, criminal and civil cases have rarely been discussed simultaneously.
The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges
The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges
University of the District of Columbia Law Review
In Gideon 's Trumpet,' Anthony Lewis recounts the story of Clarence Gideon, an indigent man whose appeal to the United States Supreme Court improbably culminated with the Court holding that the right to counsel in a criminal trial was a fundamental right, one which requires the states to provide counsel to indigent criminal defendants. 2 Almost fifty years later in Turner v. Rogers,3 the Court rejected the analogous argument that the right to counsel in a civil contempt proceeding was a fundamental right where an indigent, noncustodial parent faces incarceration. This argument was at the core of the civil Gideon …
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
University of the District of Columbia Law Review
In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …
Breaking Free From Insanity: A White-Collar Crime Approach To Drug War Policy, Brian Harrison
Breaking Free From Insanity: A White-Collar Crime Approach To Drug War Policy, Brian Harrison
University of the District of Columbia Law Review
Preventing crime should be a top priority for law enforcement. A victim of crime would readily agree that never having been a victim at all is preferable to suffering at the hands of a criminal. Even if the criminal is later caught and punished, a victim remains a victim. Despite this simple truth, current drug policy does not place a top priority preventing the laundering of drug-tainted money. As a result, the United States remains a victim in the War on Drugs.' As will be discussed, the crime of money laundering can be prevented in many instances by prosecuting banks …
The Ruckus In The Caucasus: A Case Against Mikheil Saakashvili For Crimes Against Humanity In The August War, Yancy Cottrill
The Ruckus In The Caucasus: A Case Against Mikheil Saakashvili For Crimes Against Humanity In The August War, Yancy Cottrill
University of the District of Columbia Law Review
While the world's attention was focused on the fireworks display of the 2008 Olympic Games in China, the citizens of South Ossetia were watching the sky too. Only their sky was being lit up by warfare. At 7:30 p.m. on August 7, 2008, Georgian President Mikheil Saakashvili, held a televised speech promising the Ossetians a ceasefire and unlimited autonomy.' At 11:00 p.m., Saakashvili ordered the Georgian Army to launch an offensive on Tskhinvalli, the capital of South Ossetia. Over the next five days, the civilians of South Ossetia and Abkhazia would be directly targeted by the Georgian forces and forcibly …
Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya
Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya
University of the District of Columbia Law Review
DNA evidence testing is the leading cause of exonerations in criminal cases throughout the United States.2 Yet, without the preservation of evidence in these cases and the ability to subject this evidence to advancing technology in DNA testing, many claims of innocence go unheard and defendants remain incarcerated while the real perpetrators of crime go unpunished. As of September 2009, seven Georgia men have been exonerated by post-conviction DNA testing.3 Such exonerations should be considered "victories for our criminal justice system: they free the innocent, correct miscarriages of justice that undermine public confidence in our criminal justice system, and allow …
The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner
The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner
University of the District of Columbia Law Review
This comment focuses on the False Claims Act and its increasing potential to bring greater accountability to government programs designed to serve disadvantaged opulations. Citizen avengers play an increasing role in seeking retribution against grafters because existing safeguards built into government contracting and procurement often fail to ensure that taxpayer dollars are spent efficiently. The False Claims Act, the citizens' tool against fraud, is contrasted with the Inspectors General, the federal government's principle means of investigating, auditing, and prosecuting fraud in federal agencies and programs.
The Modern Problem-Solving Court Movement: Domination Of Discourse And Untold Stories Of Criminal Justice Reform, Mae Quinn
Journal Articles
There is a chasm between the rhetoric about and the reality of modern court reform movements. It is a deeply troubling divide. This Article, responding to the work of Professor Jane Spinak, is not concerned with innovations within the family court system. Rather, it examines modern criminal justice reforms.1 It focuses on the claims of the contemporary ―problem-solving court‖ movement—a movement that has resulted in the development of thousands of specialized criminal courts across the country over the last two decades.2
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Journal Articles
No abstract provided.
Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae Quinn
Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae Quinn
Journal Articles
No abstract provided.
Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton
University of the District of Columbia Law Review
No abstract provided.
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
University of the District of Columbia Law Review
No abstract provided.
A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben
A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben
University of the District of Columbia Law Review
No abstract provided.
An Rsvp To Professor Wexler's Warm Therapeutic Jurisprudence Invitation To The Criminal Defense Bar: Unable To Join You, Already (Somewhat Similarly) Engaged, Mae C. Quinn
Journal Articles
This Article responds to Professor David 13. Wexler's recent suggestion that adopting Therapeutic Jurisprudence ("V) principles to create a new type of "rehabilitative" defense lawyer could improve the criminal defense bar. Contrary to the empirical foundation of the therapeutic justice movement, many of his proposed changes seem unsubstantiated. Others, such as calls for creative plea bargaining, are already part of the practice of quality defense attorneys. The "rehabilitative," -Pi defense lawyer may be overly paternalistic, imposing his interpretation of the facts and his standards of appropriate behavior on the accused; such a lawyer also may not comport with express ethical …
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Journal Articles
No abstract provided.
Telling Stories And Keeping Secrets, Abbe Smith
Telling Stories And Keeping Secrets, Abbe Smith
University of the District of Columbia Law Review
No abstract provided.
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
University of the District of Columbia Law Review
No abstract provided.