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Articles 1 - 30 of 867
Full-Text Articles in Law
All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum
All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum
Faculty Articles
The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo’s Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise …
Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum
Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum
Faculty Articles
In his insightful new book, Invisible Atrocities, Randle DeFalco examines the aesthetic biases of international criminal law (ICL). DeFalco astutely argues that ICL prioritizes punishing "horrific spectacles" of violence while ignoring less visible, attritive forms of violence that cause similar levels of harm and suffering, generally over longer periods of time. While ICL is selective in its preference for "horrific spectacles," even the spectacular violence has been rendered invisible in ICL when inconvenient factual evidence counters dominant narratives in international law.
One such dominant narrative is the successful abolition of slavery and the slave trade of the nineteenth and twentieth …
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Faculty Publications
In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.
This Article uses …
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
South Carolina Law Review
No abstract provided.
Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis
Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis
South Carolina Law Review
No abstract provided.
The Shadow Bargainers, Jenny Roberts, Ronald F. Wright, Betina Cutaia Wilkinson
The Shadow Bargainers, Jenny Roberts, Ronald F. Wright, Betina Cutaia Wilkinson
Articles in Law Reviews & Other Academic Journals
Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate. This Article looks into the bargaining part of plea bargaining. It reports on the responses of over 500 public defenders who participated in our nationwide survey about their objectives and practices during plea negotiations.
The survey responses create a rare empirical test of a major tenet of negotiation theory, the claim that attorneys bargain in the "shadow of the trial." This is a theory that some defenders embrace and others reject. Describing the factors they believe …
Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross
Faculty Scholarship
No abstract provided.
Fraud Law And Misinfodemics, Wes Henricksen
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Law Faculty Research Publications
No abstract provided.
Symposium: Expanding Compassion Beyond The Covid-19 Pandemic, Jenny Roberts
Symposium: Expanding Compassion Beyond The Covid-19 Pandemic, Jenny Roberts
Articles in Law Reviews & Other Academic Journals
Compassionate relief matters. It matters so that courts may account for tragically unforeseeable events, as when an illness or disability renders proper care impossible while a defendant remains incarcerated, or when family tragedy leaves an inmate the sole caretaker for an incapacitated partner or minor children. It matters too, as present circumstances make clear, when public-health calamities threaten inmates with literal death sentences. It matters even when no crisis looms, but simply when continued incarceration would be "greater than necessary" to achieve the ends of justice.
Police Prosecutions And Punitive Instincts, Kate Levine
Police Prosecutions And Punitive Instincts, Kate Levine
Faculty Articles
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time, advocate for a dramatic reduction of the criminal legal system’s footprint, are deeply problematic. It shows that police prosecutions legitimize the criminal legal system while at the same time displaying the same racism and ineffectiveness that have been shown to pervade our prison-backed criminal …
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
City infrastructure is getting smarter. Embedded smart sensors in roads, lampposts, and electrical grids offer the government a way to regulate municipal resources and the police a new power to monitor citizens. This structural sensor surveillance, however, raises a difficult constitutional question: Does the creation of continuously-recording, aggregated, long-term data collection systems violate the Fourth Amendment? After all, recent Supreme Court cases suggest that technologies that allow police to monitor location, reveal personal patterns, and track personal details for long periods of time are Fourth Amendment searches which require a probable cause warrant. This Article uses the innovation of smart …
Quantifying Reasonable Doubt, Daniel Pi, Francesco Parisi, Barbara Luppi
Quantifying Reasonable Doubt, Daniel Pi, Francesco Parisi, Barbara Luppi
Law Faculty Scholarship
This article contributes in three ways to the prior literature on the reasonable doubt standard. First, it synthesizes the insular strands of historical, economic, jurisprudential, and doctrinal scholarship on reasonable doubt. Second, it advances a conception of the criminal standard of proof designed to avoid the various problems affecting earlier attempts to devise meaningful definitions of reasonable doubt. The definition proposed is that “reasonable doubt” be the standard of proof which minimizes the aggregate subjective expected social cost of false conviction and false acquittal. Judicial pronouncements of Blackstonian ratios (for example, that it is better that ten guilty go free …
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Faculty Scholarship
No abstract provided.
Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer
Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer
South Carolina Law Review
No abstract provided.
Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo
Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo
Chicago-Kent Law Review
When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases from …
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang L. Ngov
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang L. Ngov
Faculty Scholarship
No abstract provided.
Toward A Science Of Torture?, Maxwell Gregg Bloche
Toward A Science Of Torture?, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …
Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein
South Carolina Law Review
No abstract provided.
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle
South Carolina Law Review
No abstract provided.
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate
South Carolina Law Review
No abstract provided.
A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne
A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne
South Carolina Law Review
No abstract provided.
Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg
Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg
Roni M Rosenberg
The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction -- subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant …
Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan
Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The U.S. Supreme Court’s landmark case of Miranda v. Arizona created a culture in which police officers regularly warn arrestees that they have a right to remain silent, that anything they say can and will be used against them in a court of law, that they have the right to an attorney, and that if they cannot afford one, an attorney will be appointed to them. These Miranda warnings have a number of possible effects. The warnings are meant to inform suspects about negative consequences associated with speaking to the police without the assistance of counsel. In this sense they …
An Argument Against Civil Marriage, J. David Bleich
An Argument Against Civil Marriage, J. David Bleich
Faculty Articles
No abstract provided.
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Faculty Articles
As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …
Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin
Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin
D'Andre Devon Lampkin
This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
D'Andre Devon Lampkin
The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.
Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich
Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich
Michael L Rich
At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when reasonable …
The Culture Of Mass Incarceration: Why "Locking Them Up And Throwing Away The Key" Isn't Working And How Prison Conditions Can Be Improved, Melanie M. Reid
The Culture Of Mass Incarceration: Why "Locking Them Up And Throwing Away The Key" Isn't Working And How Prison Conditions Can Be Improved, Melanie M. Reid
Melanie M. Reid
No abstract provided.