Criminal Procedure Commons^™

The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie R. Abrams

University of Richmond Law Review

This article invites feminists to leverage the #MeToo Movement as a critical analytical tool to explore the longevity of the enduring rape crisis framing of victim services. Long before the #MeToo Movement, victim services in communities nationwide were framed around a crisis model. For nearly half a century, victims have visited rape crisis centers, called rape crisis hotlines, and mobilized rape crisis response teams to provide services and support. This enduring political and social framing around rape as a crisis is opaque, has prompted a political backlash, and risks distorting hard-fought feminist legal, social, and political battles. It has yielded …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Department Of Corrections V. Superior Court: Hear No Evil, Aaron T. Morel

Maine Law Review

On December 9, 1991, professional ethical and moral considerations prompted heated litigation in Department of Corrections v. Superior Court. Justice Donald G. Alexander of Maine's Superior Court displayed considerable foresight while sentencing two borderline mentally retarded child sex offenders. Although both defendants had committed repugnant crimes, Justice Alexander anticipated that they would be subjected to impermissible abuse if incarcerated in the Department of Corrections. He believed that preventive measures were necessary to ensure the safety of the defendants being sentenced and to avoid the potential that conditions of their incarceration would amount to cruel and unusual punishment. Justice Alexander subsequently …

A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, Ronald W. Schneider Jr.

Maine Law Review

This Comment will examine briefly the history of the right to counsel and the accompanying right to the effective assistance of counsel in this country. At the time the Sixth Amendment was included in the Bill of Rights, the United States rejected the English practice of denying the right to counsel to those accused of felonies while granting the right to those charged with misdemeanors. People in the United States have enjoyed the right to counsel in all criminal cases, felonies and misdemeanors, since 1791. Yet in a very real and dangerous sense, the courts have reversed the course of …

Race And The Federal Criminal Justice System: A Look At The Issue Of Selective Prosecution, Drew S. Days Iii

Maine Law Review

The Fourth Annual Frank M. Coffin Lecture on Law and Public Service was held on September 13, 1995. Following Dean Donald Zillman's opening remarks, The Honorable Drew S. Days III, Solicitor General of the United States, presented “Race and the Federal Criminal Justice System: A Look at the Issue of Selective Prosecution.” The Board and Staff of Volume 48 are honored to publish his remarks in their entirety.

Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English

Indiana Law Journal

Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the solution …

Cuyahoga County Bail Task Force: Report And Recommendations, Jonathan Witmer-Rich, Jay Milano, Carmen Naso, Mary Jane Trapp

Law Faculty Reports and Comments

Introduction:

All Cuyahoga County courts should transition from a bail system based on bond schedules, which vary widely from one court to the next, to a centralized, consistent, and comprehensive system of pretrial services initiated immediately after arrest. For most minor offenses, the presumption should be release on personal recognizance. Money bail should not be used to simply detain defendants. Rather than relying on bond schedules, courts should assess each defendant’s risk of non-appearance and danger to the community using a uniform risk assessment tool. If money bail is considered, courts should evaluate each defendant’s risk of non-appearance and ability …

Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell

Mercer Law Review

It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity--federal habeas corpus as a postconviction remedy. By looking first at the racial context of several "landmark" criminal justice reform decisions, this Article considers how race serves as the root of the procedural due process reform that began in earnest during the Warren Court. This Article then notes …

Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott

Maine Law Review

After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as a …

Occupational Licensing: How States And Professionals Work To Keep The Poor From Working, Seth Johnson

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Sexual Orientation Discrimination Under Title Vii, Joseph Camper

Public Interest Law Reporter

No abstract provided.

Waiting On A Turnaround: The Student Loan Debt Crisis, Michelle Tinajero

Public Interest Law Reporter

No abstract provided.

Policing The Police: The Fight Between Transparency And Censorship, Mercades White

Public Interest Law Reporter

No abstract provided.

The Earned Income Tax Credit: The Means Tested Welfare That Works, Maha Sadek

Public Interest Law Reporter

The Earned Income Tax Credit ("EITC") is a means tested "refundable tax credit for lower-income workers," that was introduced in 1975. This article will focus on the federal EITC through a brief history, its current eligibility requirements, and the possibility of an expansion for childless workers.

Is Mediation The Future For Settling Disputes?, Fabiola De Armas

Public Interest Law Reporter

No abstract provided.

Thousands Of Immigrants Face Deportation, Jon Santiago

Public Interest Law Reporter

No abstract provided.

The Effects Of The New Tax Law On Health Care, Jennifer Straka

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Restorative Justice In Illinois: A Holistic Approach To Reformation And Juveniles In Conflict With The Law, Emily Knox

Public Interest Law Reporter

No abstract provided.

Regulating The Porn Industry: Change From The Inside, Claire Mellish

Public Interest Law Reporter

No abstract provided.

Predatory Student Lending: The Disparate Impact On Minorities' Higher Education Plans, Brei'a Womack

Public Interest Law Reporter

No abstract provided.

The Wealth Gap: Through The Lens Of Governmental Policies And Racial Inequality In Housing, Tara Carone

Public Interest Law Reporter

No abstract provided.

Criminal Law And Mental Illness, Marisa Tisbo

Public Interest Law Reporter

No abstract provided.

How Trump's Land Of The Free Turned Into The Home Of The Cages For Immigrant Families Seeking Asylum, Christina Mendoza

Public Interest Law Reporter

No abstract provided.

The Fight To Be Equal And Equally Different, Melissa Dupor

Public Interest Law Reporter

No abstract provided.

Driving On The Edge: How Municipal Fines For Traffic Violations Negatively Affect Marginalized Communities, Mariah Woodson

Public Interest Law Reporter

No abstract provided.

How To Win An Election: An Analysis Of The Power Of Social Media In Politics, Kevin Anderson

Public Interest Law Reporter

No abstract provided.

The Plan For Transformation: How A Plan With Lofty Goals Has Underperformed And Forever Changed Public Housing In Chicago, Kenya Barbara

Public Interest Law Reporter

No abstract provided.

Equal Protection Under The Carceral State, Aya Gruber

Publications

McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …