Law Commons^™

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

San Diego Law Review

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are often not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

Reaping The Harvest: The Long, Complicated, Crucial Rhetorical Struggle Over Deportation, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Association Between Mental Health Disorders And Juveniles' Detention For A Personal Crime, Patricia A. Stoddard Dare, Christopher A. Mallett, Craig Boitel

Social Work Faculty Publications

Background: Youth involved with juvenile courts often suffer from mental health difficulties and disorders, and these mental health disorders have often been a factor leading to the youth’s delinquent behaviours and activities.

Method: The present study of a sample population (N= 341), randomly drawn from one urban US county’s juvenile court delinquent population, investigated which specific mental health disorders predicted detention for committing a personal crime.

Results: Youth with attention-deficit hyperactivity disorder and conduct disorder diagnoses were significantly less likely to commit personal crimes and experience subsequent detention, while youth with bipolar diagnoses were significantly more likely.

Conclusion: Co-ordinated youth …

Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow

International Law Studies

No abstract provided.

Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney

International Law Studies

No abstract provided.

Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions, Christopher A. Mallett, Patricia A. Stoddard Dare, Mamadou M. Seck

Social Work Faculty Publications

Detention and confinement are widely acknowledged juvenile justice system problems which require further research to understand the explanations for these outcomes. Existing juvenile court, mental health, and child welfare histories were used to explicate factors which predict detention length in this random sample of 342 youth from one large, urban Midwestern county in the United States. Data from this sample revealed eight variables which predict detention length. Legitimate predictors of longer detention length such as committing a personal crime or violating a court order were nearly as likely in this sample to predict detention length as other extra-legal predictors such …

Temporary Detention Order And Civic Rights, Hossien Maleky Zadeh

hossien Maleky Zadeh

One of the most important decisions made by judicial authorities is to obtain securities from the defendant in the process of proceeding of criminal actions; among the security orders, detention order of defendant is of great significance, because on one hand this order deprives people of one of their most important civic rights, namely of their liberty, and is in contradiction with the Presumption of Innocence, the doctrine which, under Article 37 of the Constitution of I.R. of Iran, has been recognized; and on the other hand, this order may set the defendant at large while his delinquency has not …

An Elucidating Response To Erroneous Outrage: Why Continued Law Of War Detention Under Executive Order 13,567 Is Legal, Jenny Liabenow

Florida A & M University Law Review

No abstract provided.

The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell

Journal Articles

When Arizona Governor Janice K. Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act - better known as SB 1070 - into law in April 2010, the world was taken aback not only by the State of Arizona’s brazen attempt to regulate immigration at the state level, but by the manner in which it pledged to do so. By giving state and local law enforcement officials the responsibility to detain persons that they have “reasonable suspicion” to believe are unlawfully present, the Arizona immigration law was not only branded “the toughest immigration law in the country,” but it …

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Faculty Publications

No abstract provided.

Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman

Human Rights Brief

No abstract provided.

Panel 2: Protecting Vulnerable Groups Through Detention Visits, Hernan Vales, Haritini Dipla, Catherine Dupe Atoki, Pamela Goldberg, Alison Parker

Human Rights Brief

No abstract provided.

On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris

Articles

In just a few years, seven decades will have passed since the U.S. Supreme Court’s decision in Korematsu v. U.S., one of the most reviled of all of the Court’s cases. Despised or not, however, similarities between the World War II era and our own have people looking at Korematsu in a new light. When the Court decided Korematsu in 1944, we were at war with the Japanese empire, and with this came considerable suspicion of anyone who shared the ethnicity of our foreign enemies. Since 2001, we have faced another external threat – from the al Queda terrorists – …