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Articles 541 - 570 of 834
Full-Text Articles in Criminal Law
Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by …
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.
Overselling Images: Fmri And The Search For Truth, 48 J. Marshall L. Rev. 651 (2015), Erica Beecher-Monas, Edgar Garcia-Rill
Overselling Images: Fmri And The Search For Truth, 48 J. Marshall L. Rev. 651 (2015), Erica Beecher-Monas, Edgar Garcia-Rill
UIC Law Review
No abstract provided.
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
UIC Law Review
No abstract provided.
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015), Greer Goldberg
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015), Greer Goldberg
UIC Law Review
No abstract provided.
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon
UIC Law Review
No abstract provided.
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
UIC Law Review
No abstract provided.
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015), J. Richard Broughton
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015), J. Richard Broughton
UIC Law Review
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
UIC Law Review
This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …
Guidelines For Guidelines: Implications Of The Confrontation Clause's Revival For Federal Sentencing, 48 J. Marshall L. Rev. 1039 (2015), Sopen Shah
UIC Law Review
Scholars and commentators heavily criticize the current federal sentencing system for over-incarceration, racial disparities in outcomes, and a lack of procedural protections for criminal defendants. This Article focuses on a procedural protection recently revived by the Supreme Court’s 2004 decision in Crawford v. Washington: the Confrontation Clause of the Sixth Amendment. Though Crawford only addressed the Clause’s application during trial, the case and its reasoning have important implications for today’s federal sentencing regime under the Federal Sentencing Guidelines. Though the Supreme Court has yet to directly address the issue, I argue that lower courts incorrectly interpret an old, pre-Crawford case …
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
UIC Law Review
This Comment addresses whether the attorney-client privilege should extend to emails exchanged between an inmate and his or her attorney over TRULINCS, the prison email system. Section II describes the history of the attorney-client privilege, and compares and contrasts the federal privilege with the New York state privilege in order to directly address Dr. Ahmed’s conflict. Section III juxtaposes other forms of privileged attorney-client contact with inmate emailing, and discusses the confidentiality agreement provided through the prison email system, TRULINCS. Finally, Section IV proposes a fiscally responsible, efficient, and convenient solution to the possible extension of the attorney-client privilege to …
Taking A Bite Out Of Forensic Science: The Misuse Of Accelerant-Detecting Dogs In Arson Cases, 48 J. Marshall L. Rev. 1149 (2015), Andrew Scott
UIC Law Review
This Comment identifies the proper uses of canine handler teams in arson investigations and trials. Part II discusses the origins of forensic science in criminal trials, the use of expert witnesses in the courtroom, the history and role of forensic science and canine handler teams in arson cases, and the problem of “junk science.” Part III analyzes the pros and cons of using canine handler teams in arson investigations and the dilemma courts face when confronted with unconfirmed canine alerts. Part IV resolves the issue of using canine handler teams in arson investigations. First, it advocates for their continued use …
Me And Mr. Jones: A Systems-Based Analysis Of A Catastrophic Defense Outcome, Pamela R. Metzger
Me And Mr. Jones: A Systems-Based Analysis Of A Catastrophic Defense Outcome, Pamela R. Metzger
Faculty Journal Articles and Book Chapters
Leo S. Jones spent four months in jail, accused of a probation that had long since expired. His incarceration was illegal. It was also preventable.
In this essay, I describe the unique data collection project that identified Mr. Jones’ case. Then, I analyze the various individual, institutional, and systemic practices that contributed to Mr. Jones’ illegal incarceration. I show how an investigation of Mr. Jones’ case led to the discovery of widespread latent errors that may have adversely affected innumerable other detainees. I conclude by explaining what this case reveals about how data collection and analysis can improve public defender …
Gideon’S Army And The Central Theme Of Poverty, Cara H. Drinan
Gideon’S Army And The Central Theme Of Poverty, Cara H. Drinan
Scholarly Articles
Gideon’s Army, a powerful documentary film that follows the work of three public defenders in the South, provides a window into the well documented dysfunction of most public defender offices across the country. While following the life and work of these public defenders—Travis Williams, Brandy Alexander, and June Hardwick—the viewer sees what the academic literature has documented for decades: public defenders carry caseloads that are multiples of professional guidelines; compensation for public defenders is so paltry that many are barely making ends meet; the offices in which they work are resource-starved; guilty pleas are the default; and the public …