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Full-Text Articles in Law
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
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 …
It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich
It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich
Law Faculty Articles and Essays
What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is the state’s duty to promote.The criminal law’s approach to the problem of non-contemporaneous consent—prospective consent and retrospective consent—casts a …
Interrogation And The Roberts Court, Jonathan Witmer-Rich
Interrogation And The Roberts Court, Jonathan Witmer-Rich
Law Faculty Articles and Essays
Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland v. Shatzer; and Berghuis v. Thompkins. This Article argues that these decisions show the Roberts Court reshaping constitutional interrogation rules according to a new (as-yet unarticulated) principle: “fair play” in interrogations. The Warren Court believed that suspects in police interrogation were vulnerable to inherent compelling pressures; the Court correspondingly created procedural interrogation rules under the Fifth and Sixth Amendments (Miranda and Massiah) to protect suspects. The Roberts Court does not …