Criminal Law Commons^™

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Brief Of The National Association For Public Defense, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore

Faculty Articles and Other Publications

This case involves federal courts doubling down on the effective denial of counsel to a severely mentally impaired capital habeas petitioner on the eve of his execution, thereby preventing the full and fair litigation of an issue that demands this Court’s attention: the role played by a petitioner’s mental impairment in determining whether equitable tolling applies to the statute of limitations for filing a habeas petition. This Court should grant the petition to address whether the denial of adequate funding in this case constituted a constructive denial of the right to counsel required by the capital representation statute, 18 U.S.C. …

Critical Issues And New Empirical Research In Public Defense: An Introduction, Andrew L.B. Davies, Janet Moore

Faculty Articles and Other Publications

When we co-founded the Indigent Defense Research Association (IDRA) in 2015, we wanted to create a meeting place for people who share the sense that empirical research has something to contribute to the field of public defense. With over 150 members and counting, IDRA has become a vibrant community of practitioners and researchers who engage via an active listserv, topical monthly conference calls, and the production of white papers and webinars. In addition, IDRA members present papers at conferences of the American Society of Criminology (ASC). Many of the papers in this volume were first presented at the November 2015 …

Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang

Marquette Law Review

Imagine how our system of criminal justice might look different if one value ascended in the system's hierarchy of values: humility. Day to day, in my work, I do not see much humility among police officers, defense lawyers, prosecutors, probation agents, and judges. This is noteworthy, given how unavoidability uncertain--or at least contestable or close--many of the outcomes in our trial and appellate courts are to an objective eye. Even when the basic facts on guilt are fairly certain, the right sentence often is not. I propose that humility is an essential value that, properly understood, is tied to liberty; …

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Christensen V. United States Of America (U.S. November 7, 2016) (No. 16-461)., Janet Moore

Faculty Articles and Other Publications

The jury is essential to our structure of government, available to criminal defendants as the final arbiter of guilt. As this Court has recognized time and again, the jury serves an important role both structurally within the balance of powers and as a check on governmental power, adding a layer of protection for individual defendants.

The rule applied by the Ninth Circuit and some other courts, allowing dismissal of a holdout juror if a judge sees no reasonable possibility that his view is connected to the merits of the case, threatens the fundamental role of the jury. In contrast to …

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Bridgeman V. District Attorney For Suffolk District, 476 Mass. 298 (2016) (No. Sjc-12157)., Janet Moore

Faculty Articles and Other Publications

As the highest courts in Florida, Missouri, Michigan, New York, and Pennsylvania have demonstrated, systemic relief is necessary and appropriate to cure systemic failures that deny access to courts by imposing overwhelming demands on struggling public defense systems. Government misconduct created exactly that type of constitutional crisis by flooding the Commonwealth’s criminal legal system with 24,000 Dookhan cases. New revelations of even more corruption in the Commonwealth’s forensic sciences system are now anticipated to exacerbate that crisis by adding another 18,000 Farak wrongful-conviction cases. At the same time, the District Attorneys have undermined progress on fair, reliable case-by-case resolution of …

Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky

Law School Blogs

No abstract provided.

Newsroom: Horwitz Addresses Rally For Homeless 09/15/2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Brief Of The Roderick & Solange Macarthur Justice Center, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore

Faculty Articles and Other Publications

This case involves a district court’s patent disregard for a deeply mentally impaired defendant’s right to meaningful representation in capital federal habeas proceedings. By funding only 6% of defense counsel’s request for necessary expert and other resources, the District Court violated the constitution, ignored federal statutory mandates, flouted the Supreme Court’s remand order, blocked counsel’s ability to satisfy professional and ethical obligations, publicly disclosed contents of previously protected information about defense strategy, and set a very dangerous precedent for our justice system.

Newsroom: Justin Bonus '11 In The New Yorker 7/8/2016, Jennifer Gonnerman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky

Law School Blogs

No abstract provided.

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School Of Law, Jack Brook

Life of the Law School (1993- )

No abstract provided.

Criminal Court, Queens County New York, People V. Iftikhar, Aron Rattner

Touro Law Review

No abstract provided.

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements

Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu

Seton Hall Circuit Review

No abstract provided.

The Current State Of The Insanity Defense In Virginia, Jacob Gordon

The Kabod

Based upon British common law and legal precedents, the American legal system allows individuals with severe mental instability to plead not guilty by reason of insanity when charged with a criminal offense. In order to prove this claim, defendants are required to show that their mental capacity at the time of the crime was not sufficient enough in order to establish culpability and responsibility for their actions. Proving insanity is a difficult task, requiring that defendants confess to the crime, convince a jury of their insanity, and pass two independent psychological evaluations before they can be released. Because of these …

Punitive Compensation, Cortney E. Lollar

Law Faculty Scholarly Articles

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses, not a defendant's …

To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter

Akron Law Review

This article examines how sentencing enhancement schemes play into undercover operations and manipulation ploys. This article reviews entrapment doctrines, starting with the common law principles of unclean hands and estoppel, to settled principles of objective and subjective entrapment. Through principles of conspiracy, the undercover operation ensnares perpetrators who intend factually impossible crimes, as long as an overt step is taken. Sentencing enhancement crimes, induced by government agents, must be proven before a jury beyond a reasonable doubt. A reciprocal corollary is that the accused must be able to defend enhancement accusations through defenses such as sentencing manipulation and sentencing entrapment. …

Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jd, Phd

Akron Law Review

n my recent research, I have been exploring the legal impact of advances in the neuroscience of gender, such as whether and how stakeholders are using recent studies finding structural and functional differences between male and female brains in an attempt to influence the law. I also have been examining whether and how stakeholders are using the neuroscience of both gender-specific and gender-prevalent health conditions to influence the interpretation of civil and regulatory health law. Today, I am going to explore how stakeholders are using advances in the neuroscience of three gender-specific and genderprevalent conditions (the postpartum mood disorders, premenstrual …

What's It Worth To Keep A Secret?, Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat

Faculty Scholarship

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is …

The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg

Indiana Journal of Law and Social Equality

This Note focuses on the negative effects of the “once an adult, always an adult” doctrine, one mechanism through which juveniles convicted of a crime can be transferred to adult court. The doctrine, enacted in a majority of states, provides that children who have been previously transferred to adult court by a judge or prosecutor, or because of statutory exclusion of certain crimes from juvenile jurisdiction, will be transferred for all subsequent crimes, regardless of severity.

When juveniles convicted of crimes are transferred to the adult court system, they are subject to a wide array of harsh punishments unavailable in …

Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass

Loyola of Los Angeles Law Review

Autonomous weapons are increasingly used by militaries around the world. Unlike conventional unmanned weapons such as drones, autonomous weapons involve a machine deciding whether to deploy lethal force. Yet, because a machine cannot have the requisite mental state to commit a war crime, the legal scrutiny falls onto the decision to deploy an autonomous weapon. This Article focuses on the dual questions arising from that decision: how to regulate autonomous weapon use and who should be held criminally liable for an autonomous weapon’s actions. Regarding the first issue, this Article concludes that regulations expressly limiting autonomous weapon use to non-human …

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.