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Articles 1 - 30 of 208
Full-Text Articles in Law
Redistributing Justice, Benjamin Levin, Kate Levine
Redistributing Justice, Benjamin Levin, Kate Levine
Scholarship@WashULaw
This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …
Island Musings: A Selective Bibliography Of Early Key West, Robin Schard
Island Musings: A Selective Bibliography Of Early Key West, Robin Schard
Articles
This bibliography identifes and describes 75 works that focus on Key West during its first 50 years (1821-71) as a U.S. possession. General, legal, and popular culture materials are included.
What Are The Causes And Remedies Of Wrongful Convictions?, Audree Alick
What Are The Causes And Remedies Of Wrongful Convictions?, Audree Alick
The Mid-Southern Journal of Criminal Justice
Wrongful convictions, also known as miscarriages of justice, are very common in the criminal justice system today. With the first known wrongful conviction in 1872, to the most recent in 2023, researchers have similarly identified three causes of wrongful convictions: false confessions, eyewitness errors, and investigative misconduct. Wrongful convictions can cause many physical and mental effects on post-exonerees and currently incarcerated individuals, including but not limited to, clinical anxiety, depression, and PTSD. Analyses of DNA (deoxyribonucleic acid) have proven instrumental in cases of wrongful convictions. Each exoneree should have access to the DNA database to test against the DNA evidence …
Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams
Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams
Doctoral Dissertations and Projects
There has been a rise in violent extremist attacks throughout America since the attack on the World Trade Center in 2001. However, law enforcement has been challenged in developing means and methods to combat the rise in terrorist activities. Using and enhancing community policing strategies have shown promising results in identifying terroristic individuals. A literature review shows that community policing strategies have been effective in combating and reducing violence and may be effective in mitigating terrorist activities. Community policing can be a necessary means for identifying radical individuals involved in terrorist activities. This research proposes to discover an effective and …
“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
University of Miami Law Review
Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome dis- order (“FASD”) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. In this Article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts in cases involving defendants with FASD and consider adequacy of counsel. Next, we will discuss the impact of FASD on the …
Policing & The Problem Of Physical Restraint, Steven Arrigg Koh
Policing & The Problem Of Physical Restraint, Steven Arrigg Koh
Faculty Scholarship
The Fourth Amendment of the U.S. Constitution prohibits unreasonable “seizures” and thus renders unlawful police use of excessive force. On one hand, this definition is expansive. In the U.S. Supreme Court’s 2021 Term, in Torres v. Madrid, the Court clarified that a “seizure” includes any police application of physical force to the body with intent to restrain. Crucially, Chief Justice Roberts’ majority opinion emphasized that police may seize even when merely laying “the end of a finger” on a layperson’s body. And yet, the Supreme Court’s Fourth Amendment totality-of-the-circumstances reasonableness balancing test is notoriously imprecise—a “factbound morass,” in the famous …
First-Line Police Supervisors’ Utilization Of Criminal Justice Higher Education, Dennis George Hippert
First-Line Police Supervisors’ Utilization Of Criminal Justice Higher Education, Dennis George Hippert
Theses and Dissertations
A first-line police supervisor holds a large influence over street-level police officer behavior (Ingram, et al., 2014), but little consistency exists between police agencies regarding the minimum educational requirements necessary to successfully perform the functions of a first-line police supervisor. This study explored the experiences of criminal justice degree holding first-line police supervisors in using the content of their college curriculum to guide street-level officers in acceptable use of force practices, professional communication with the public, and discretionary decision-making. Employing a grounded theory method of inquiry with a constructivist approach, this study utilized semi-structured, one-on-one interviews to examine the ways …
Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram
Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram
Mitchell Hamline Law Journal of Public Policy and Practice
The War on Drugs refers to a situation in which all the processes of production, distribution, and consumption of all illegal drugs are prohibited. This ambitious goal has imposed considerable costs on societies. The war has weaponized harsher punishments such as life imprisonment, execution, and long-term incarceration against drug offenders. Nonviolent offenders, those who possessed illegal drugs, have been easy targets for governments to show that the war is still ongoing. Although some countries became pioneers in changing the laws to end this costly war, Iran and the United States have made their stance on the drug issue clear, and …
After The Criminal Justice System, Benjamin Levin
After The Criminal Justice System, Benjamin Levin
Scholarship@WashULaw
Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …
“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin
“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin
Scholarship@WashULaw
After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …
Prosecuting The Crisis, Benjamin Levin
Prosecuting The Crisis, Benjamin Levin
Scholarship@WashULaw
Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …
How Not To Be A Federal Criminal: A Review Of Mike Chase’S How To Become A Federal Criminal And The Case For Inclusion Of His Illustrated Handbook In American Law Schools, Zachary Stendig
Dickinson Law Review (2017-Present)
No abstract provided.
My Three Criminal Justice Careers, Brisa Sanchez
My Three Criminal Justice Careers, Brisa Sanchez
Undergraduate Scholarly Works
This undergrad research paper is about the basics of the three components of criminal justice careers and the careers and salaries they do for a living.
Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo
Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo
University of Miami Race & Social Justice Law Review
Children are often regarded as the most sacred beings in all of society—appealing to our collective sense of human dignity and protecting the most vulnerable. Mothers fiercely protecting their young children from perceived dangers is ostensibly a natural and moral response. This notion of the loving mother is in stark contrast to filicide, or the act of a parent murdering their child. It is a bedrock principle of the American criminal-justice system that a defendant is not responsible for their actions if the defendant was “laboring under such a defect of reason, from a disease of the mind, as not …
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
University of Miami Race & Social Justice Law Review
The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law enforcement agencies train animals …
Combating Recidivism, Shaylin Daley
Combating Recidivism, Shaylin Daley
Senior Honors Projects
SHAYLIN DALEY (Psychology) Combating Recidivism Sponsor: Lisa Holley (Political Science) Many people believe that criminals cannot be helped. It is evident that at least some of society shuns people who break laws and have negative views about the amount of money spent on detaining inmates. Thousands of individuals are released from United States prisons a day. Many of these individuals have no plan in place for their return home and are sent into the streets with nothing except for a jail ID. Most of these people will end up returning to prison. A good sum of these people face problems …
Amendment 4: A Movement To Reduce Ex-Felon Disenfranchisement In Florida, Hunter L. Harding
Amendment 4: A Movement To Reduce Ex-Felon Disenfranchisement In Florida, Hunter L. Harding
Masters Theses
The paper explores the foundations of Felon Disenfranchisement in the State of Florida and how the United States Constitution allowed for individual states to implement disenfranchisement measures. The historical foundations are necessary for understanding the implications of felon disenfranchisement and its disproportionate outcomes on minority communities. With previous attempts to change policy regarding the restoration of civil rights for those disenfranchised, a different approach was needed to solve the plagued restoration process in the State of Florida. Florida Rights Restoration Coalition, a group led by ex-felons, fostered the movement to create the ballot initiative of Amendment 4 in the 2018 …
Minimum Sentences, Maximum Suffering: A Proposal To Reform Mandatory Minimum Sentencing, Jordan Ramsey
Minimum Sentences, Maximum Suffering: A Proposal To Reform Mandatory Minimum Sentencing, Jordan Ramsey
Helm's School of Government Conference - American Revival: Citizenship & Virtue
This paper offers several proposals to reform mandatory minimum sentencing laws and asks how we can best uphold Freedom and the Rule of Law within sentencing law.
Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0
Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0
Washington Law Review
RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:
EDITOR’S NOTE
As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …
“Incorrigibility Is Inconsistent With Youth”: The Supreme Court’S Missed Opportunity To Cure The Contradiction Implicit In Discretionary Jlwop Sentencing, Ana Ionescu
University of Miami Law Review
The juvenile life without parole (“JLWOP”) caselaw is based in part on the science underlying adolescent brain development. Numerous research studies have examined the behaviors and brain processes of adolescents. Courts have relied on these findings in reaching some of its most important decisions affecting juveniles implicated in the criminal justice system. The latest of those decisions came in 2021 with the Jones v. Mississippi case before the United States Supreme Court. The Court held that a sentencing court is not required to make a specific finding of permanent incorrigibility before sentencing the juvenile defendant to life without parole. This …
Crime And Punishment: An Empirical Study Of The Effects Of Racial Bias On Capital Sentencing Decisions, Matthew A. Gasperetti
Crime And Punishment: An Empirical Study Of The Effects Of Racial Bias On Capital Sentencing Decisions, Matthew A. Gasperetti
University of Miami Law Review
Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial Era to the present. After framing the death penalty in cultural and historical context, I report original empirical results from one of the largest studies (n = 3,284) of mock juror capital sentencing decisions published to date. My results show that mock jurors who self reported …
Criminal Acts And Basic Moral Equality, John A. Humbach
Criminal Acts And Basic Moral Equality, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Modern criminal justice presupposes that persons are not morally equal. On the contrary, those who do wrong are viewed by the law as less worthy of respect, concern and decent treatment: Offenders, it is said, “deserve” to suffer for their misdeeds. Yet, there is scant logical or empirical basis for the law's supposition that offenders are morally inferior. The usual reasoning is that persons who intentionally or knowingly do wrong are the authors and initiators of their acts and, as such, are morally responsible for them. But this reasoning rests on the assumption that a person's mental states, such as …
Criminal Justice Secrets, Meghan J. Ryan
Criminal Justice Secrets, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The American criminal justice system is cloaked in secrecy. The government employs covert surveillance operations. Grand-jury proceedings are hidden from public view. Prosecutors engage in closed-door plea-bargaining and bury exculpatory evidence. Juries convict defendants on secret evidence. Jury deliberations are a black box. And jails and prisons implement clandestine punishment practices. Although there are some justifications for this secrecy, the ubiquitous nature of it is contrary to this nation’s Founders’ steadfast belief in the transparency of criminal justice proceedings. Further, the pervasiveness of secrecy within today’s criminal justice system raises serious constitutional concerns. The accumulation of secrecy and the aggregation …
Criminal Law Exceptionalism, Benjamin Levin
Criminal Law Exceptionalism, Benjamin Levin
Scholarship@WashULaw
For over half a century, U.S. prison populations have ballooned and criminal codes have expanded. In recent years, a growing awareness of mass incarceration and the harms of criminal law across lines of race and class has led to a backlash of anti-carceral commentary and social movement energy. Academics and activists have adopted a critical posture, offering not only small-bore reforms, but full-fledged arguments for the abolition of prisons, police, and criminal legal institutions. Where criminal law was once embraced by commentators as a catchall solution to social problems, increasingly it is being rejected, or at least questioned. Instead of …
Victims’ Rights Revisited, Benjamin Levin
Victims’ Rights Revisited, Benjamin Levin
Scholarship@WashULaw
This Essay responds to Bennett Capers's article, "Against Prosecutors." I offer four critiques of Capers’s proposal to bring back private prosecutions: (A) that shifting power to victims still involves shifting power to the carceral state and away from defendants; (B) that defining the class of victims will pose numerous problems; C) that privatizing prosecution reinforces a troubling impulse to treat social problems at the individual level; and (D) broadly, that these critiques suggest that Capers has traded the pathologies of “public” law for the pathologies of “private” law. Further, I argue that the article reflects a new, left-leaning vision of …
Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul Heaton
Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul Heaton
Indiana Law Journal
Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention.
This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the …
Rehabilitating Charge Bargaining, Nancy Combs
Rehabilitating Charge Bargaining, Nancy Combs
Indiana Law Journal
Nobody likes plea bargaining. Scholars worldwide have excoriated the practice, calling it coercive and unjust, among other pejorative adjectives. Despite its unpopularity, plea bargaining constitutes a central component of the American criminal justice system, and the United States has exported the practice to a host of countries worldwide. Indeed, plea bargaining has even appeared at international criminal tribunals, created to prosecute genocide and crimes against humanity—the gravest crimes known to humankind. Although all forms of plea bargaining are unpopular, commentators reserve their harshest criticism for charge bargaining because charge bargaining is said to distort the factual basis of the defendant’s …
Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin
Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin
Washington and Lee Law Review
Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.
Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform. Myths about …
Criminal Justice In Juvenile Delinquency, Rana Aloutor
Criminal Justice In Juvenile Delinquency, Rana Aloutor
UAEU Law Journal
Childhood is a very important period in human life; therefore certain principles exist to control its rights. Because of its status and importance, the Jordanian legislator, like the French one, treated it with special attention and care.
The existence of specific sustem regime in juvenile delinquency has three dimensions: The content, the procedural and the institutional. First, in the content, it doesn't seem adequate to apply at juvenile delinquency the same penalties as adults, measures of protection and education seem more adequate.
Then, in the procedural, the specifity of juvenile delinquency demands special courts, specialized in the issues related to …
Japanese Criminal Justice: A Comparative Legal History Perspective, Koji Fujimoto
Japanese Criminal Justice: A Comparative Legal History Perspective, Koji Fujimoto
Japanese Society and Culture
The Carlos Ghosn case has focused the world’s attention on Japan’s criminal justice system. In particular, the system has been subject to intense criticism, condemning its reliance on confessions in investigation, and for proof of guilt. The investigative approach of using physical restraints on suspects and defendants to coerce confessions is critically referred to as “hostage justice”. While the Japanese Ministry of Justice and the Public Prosecutor’s Office have responded to such criticisms by arguing for the uniqueness of the legal system, the problematic nature of this aspect of Japanese criminal justice cannot be denied, as noted by past false …