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Articles 181 - 210 of 658
Full-Text Articles in Criminal Law
Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith
Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied
Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard
Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard
Criminal Law Practitioner
No abstract provided.
Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg
Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg
Criminal Law Practitioner
No abstract provided.
Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin
Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin
Criminal Law Practitioner
No abstract provided.
Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill
Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill
Criminal Law Practitioner
No abstract provided.
Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo
Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo
Criminal Law Practitioner
No abstract provided.
From The Editors, Trevor Addie
'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston
'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston
Criminal Law Practitioner
No abstract provided.
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Criminal Law Practitioner
No abstract provided.
Why Capital Punishment Is No Punishment At All, Jason Iuliano
Why Capital Punishment Is No Punishment At All, Jason Iuliano
American University Law Review
Capital punishment has generated an incredible amount of public debate. Is the practice constitutional? Does it deter crime? Is it humane? Supporters and opponents of capital punishment disagree on all of these issues and many more. There is perhaps only one thing that unites these two camps: the belief that the death penalty is society's most severe punishment. In this Article, I argue that this belief is mistaken. Capital punishment is not at the top of the punishment hierarchy. In fact, it is no punishment at all. My argument builds from a basic conception of punishment endorsed by the Supreme …
From The Editors, Raleigh Mark, Trevor Addie
From The Editors, Raleigh Mark, Trevor Addie
Criminal Law Practitioner
No abstract provided.
An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen
An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen
Criminal Law Practitioner
No abstract provided.
Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado
Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado
Criminal Law Practitioner
No abstract provided.
Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson
Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson
Criminal Law Practitioner
No abstract provided.
Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney
Criminal Law Practitioner
No abstract provided.
The Fourth Amendment In The Digital Age Symposium, Braxton Marcela
The Fourth Amendment In The Digital Age Symposium, Braxton Marcela
Criminal Law Practitioner
No abstract provided.
Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler
Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler
Criminal Law Practitioner
No abstract provided.
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly
American University Journal of Gender, Social Policy & the Law
This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Scholarly Articles in Law Reviews & Journals
"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Scholarly Articles in Law Reviews & Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
In this Essay, I seek to build upon existing scholarship relating to DACA and DAPA, by offering an alternate lens through which to examine the programs. Specifically, I argue that DACA and DAPA, by naming and entrenching the “significant misdemeanor” bar to eligibility, contribute to a concerning expansion of “crimmigration law.” To be sure, neither program exists in codified law; nevertheless, the eligibility bars under DACA and DAPA are poised to wreak doctrinal havoc by upending the way particular criminal conduct is treated in the U.S. immigration system. In some respects, the DACA and DAPA bars are more stringent than …
Around The Nation, Jonathan Yunes
Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell
Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell
Criminal Law Practitioner
No abstract provided.
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
American University Law Review
The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …
Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson
Criminal Law Practitioner
No abstract provided.
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
The Fourth Amendment requires “reasonable suspicion” to seize a suspect. As a general matter, the suspicion derives from information a police officer observes or knows. It is individualized to a particular person at a particular place. Most reasonable suspicion cases involve police confronting unknown suspects engaged in observable suspicious activities. Essentially, the reasonable suspicion doctrine is based on “small data” – discrete facts involving limited information and little knowledge about the suspect.But what if this small data is replaced by “big data”? What if police can “know” about the suspect through new networked information sources? Or, what if predictive analytics …
Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief
The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …
An End To Silence: Inmate's Handbook On Identifying And Addressing Sexual Abuse, 3rd Edition, Brenda V. Smith
An End To Silence: Inmate's Handbook On Identifying And Addressing Sexual Abuse, 3rd Edition, Brenda V. Smith
Research Reports & White Papers
"Though many correctional agencies have taken steps to comply with PREA standards and create safer environments for individuals in their care, inmates in custody still face sexual abuse and harassment by staff or other inmates. Staff and inmates still report problems identifying those at risk of sexual abuse, reporting sexual abuse, and holding those responsible for sexual abuse accountable. This publication is a tool for educating inmates about legal and other mechanisms, including the Prison Rape Elimination Act (PREA), that can provide protection and redress from sexual abuse in custodial settings" (p. 5). Sections of this handbook are: introduction; what …