Criminal Law Commons^™

The Punishment Should Fit The Crime—Not The Prior Convictions Of The Person That Committed The Crime: An Argument For Less Impact Being Accorded To Previous Convictions, Mirko Bagaric

San Diego Law Review

The seriousness of the offense is the main consideration that should determine the severity of criminal punishment. This cardinal sentencing principle is undermined by the reality that often the criminal history of the offender is the most decisive sentencing consideration. Recidivists are frequently sent to imprisonment for long periods for crimes, which, when committed by first-time offenders, are dealt with by a bond, probation, or a fine. This makes sentencing more about an individual’s profile than the harm caused by the offender and has contributed to a large increase in prison numbers. Intuitively, it feels right to punish repeat offenders …

Letter To Editor Indiana Magazine Of History, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Letter responding to comparison of Guantanamo bay terrorist detainees with the noted Indiana Civil War case of Lambdin Milligan, ultimately decided by the U.S. Supreme Court, who was detained by Union military authorities during the Civil War for his pro-confederate activities and tried by a military court.

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Articulating A Vision: A Case Of Study Of Democracy, Education, And Prisoner Rehabilitation In A Day Reporting Center, Gregory A. Jones

Electronic Theses, Projects, and Dissertations

Abstract

Unfortunately, little or no time is spent on transitioning inmates back into society, especially those with physical and mental disabilities. One support service that is being taken into consideration is the Day Reporting Center. Day Reporting Centers are highly structured nonresidential programs. Parolees report to the center on a daily basis, submit to drug tests, and are enrolled in various counseling, education, or vocational classes. Whereas most centers have strict monitoring and surveillance of parolees, one center that stands out in its alternative approach of self-governance is the San Bernardino Day Reporting Center in San Bernardino, California. There, the …

More Than Words: Enhancing The Proposed Canadian Victims Bill Of Rights (Bill C-32), Benjamin Perrin

All Faculty Publications

This brief Commentary provides an evaluation of the proposed Canadian Victims Bill of Rights (a key part of Bill C-32), and recommendations aimed at ensuring that it meets the objective of meaningfully enhancing the rights of victims within the criminal justice system. Part 2 provides a synopsis of victimization in Canada, including both self-reported crime and police-reported crime. Groups of victims suffering disproportionately high levels of violent victimization are highlighted and reasons for under-reported crime related to the justice system are identified. Part 3 summarizes the key components of the Canadian Victims Bill of Rights. Part 4 evaluates this proposed …

Dirty Secrets: The First Amendment In Protective-Order Litigation, Dustin B. Benham

Cardozo Law Review

No abstract provided.

The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv

Georgia Journal of International & Comparative Law

No abstract provided.

Summary Of Gomez V. State, 130 Nev. Adv. Op. 43, Laura Guidry

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether the district court properly relied on the incident reports when determining whether to amend the PSI 2) whether a defendant is entitled to due process protections when erroneous statements in his or her PSI will potentially affect his or her prison classification and compromise whether he or she will be released on parole.

Summary Of Sasser V. State, 130 Nev. Adv. Op. 41, Jeffrey Pike

Nevada Supreme Court Summaries

The Court determined three issues: 1) whether a district court can amend a presentence investigation report (PSI) in the judgment of conviction rather than amending the PSI itself; 2) whether the district court properly declined to strike information from the PSI; and 3) whether the district court relied on impalpable or highly suspect evidence when sentencing the defendant.

Summary Of Afzali V. State, 130 Nev. Adv. Op. 34, Sean Daly

Nevada Supreme Court Summaries

The Court determined whether a defendant has a constitutional right to know the racial composition of a grand jury that indicted him.

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …

Challenging Unjust Convictions Under Section 1983, Leon Friedman

Touro Law Review

No abstract provided.

Criminal Court, New York County, People V. Dejesus, Justin Goldberg

Touro Law Review

No abstract provided.

Supreme Court, Bronx County, People V. Buari, Matthew Moisan

Touro Law Review

No abstract provided.

Family Court, Queens County, In Re German F. And Hector R., Angelique Hermanowski

Touro Law Review

No abstract provided.

Supreme Court, Queens County, People V. Tam, Elaine Yang

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese

Touro Law Review

No abstract provided.

Criminal Court, Kings County, People V. Artusa, Jessica Miller

Touro Law Review

No abstract provided.

County Court, Nassau County, People V. Osbourne, Diane Matero

Touro Law Review

No abstract provided.

Appellate Division, First Department, People V. Dillard, Edward Puerta

Touro Law Review

No abstract provided.

Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein

Touro Law Review

No abstract provided.

Appellate Division, Second Department, Smith V. Marrus, Elaine Yang

Touro Law Review

No abstract provided.

Supreme Court, New York County, People V. Smith, Jessica Miller

Touro Law Review

No abstract provided.

Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Burton, Diane Matero

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Moore, Gennaro Savastano

Touro Law Review

No abstract provided.

City Court, City Of Rochester, People V. Griswold, James Dougherty

Touro Law Review

No abstract provided.

Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms

Psychology Faculty Scholarship

Because many juvenile offenders are intellectually disabled and have their cases tried by jurors in adult criminal court, it is important to understand factors that influence jurors’ judgments in such cases. Using a mock trial methodology, we explored the relations among jurors’ gender, attitudes toward intellectual disability, and judgments in a criminal case involving an intellectually disabled 15-year-old girl accused of murder. Men mock jurors’ judgments were not influenced by their preexisting biases, but women's were: the more women favored special treatment for disabled offenders, the less likely they were to suspect the disabled juvenile was guilty and the less …

Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver

NULR Online

No abstract provided.

Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger

Touro Law Review

No abstract provided.