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Articles 241 - 270 of 316
Full-Text Articles in Criminal Procedure
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Catholic University Journal of Law and Technology
The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …
Artificial Intelligence And Role-Reversible Judgment, Kiel Brennan-Marquez, Stephen E. Henderson
Artificial Intelligence And Role-Reversible Judgment, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
As intelligent machines begin more generally outperforming human experts, why should humans remain ‘in the loop’ of decision-making? One common answer focuses on outcomes: relying on intuition and experience, humans are capable of identifying interpretive errors—sometimes disastrous errors—that elude machines. Though plausible today, this argument will wear thin as technology evolves. Here, we seek out sturdier ground: a defense of human judgment that focuses on the normative integrity of decision-making. Specifically, we propose an account of democratic equality as ‘role-reversibility.’ In a democracy, those tasked with making decisions should be susceptible, reciprocally, to the impact of decisions; there ought to …
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Death With Dignity: A Right To Death?, Emily Knox
Death With Dignity: A Right To Death?, Emily Knox
Public Interest Law Reporter
No abstract provided.
The Best We Can Be: How Toxic Masculinity Creates A Second Inescapable Situation For Inmates, Mariah Woodson
The Best We Can Be: How Toxic Masculinity Creates A Second Inescapable Situation For Inmates, Mariah Woodson
Public Interest Law Reporter
Toxic masculinity is a concept that has been in modern society for some time now. However, the recent release of the controversial Gillette razor commercial has sparked an uptick in discussions, from those who lauded the company for addressing the negative traits often associated with traditional masculinity to those who felt as though the company was unfairly targeting masculinity altogether. Regardless of where one falls on the debate, there is no denying the need for conversation. One point of discussion is what areas of our society embody these traits the most? An area that may be less intuitive are prisons …
The School To Prison Pipeline: Widespread Disparities In School Discipline Based On Race, Tara Carone
The School To Prison Pipeline: Widespread Disparities In School Discipline Based On Race, Tara Carone
Public Interest Law Reporter
No abstract provided.
Students For Fair Admissions V. Harvard: Admissions Administrators Threaten The Future Of Affirmative Action In The United States, Seth Johnson
Public Interest Law Reporter
No abstract provided.
Prosecutorial Accountability: The Epidemic Of Prosecutorial Misconduct In America, Brei'a Womack
Prosecutorial Accountability: The Epidemic Of Prosecutorial Misconduct In America, Brei'a Womack
Public Interest Law Reporter
No abstract provided.
A Hidden Crisis: Housing Insecurity On College Campuses, Christina Mendoza
A Hidden Crisis: Housing Insecurity On College Campuses, Christina Mendoza
Public Interest Law Reporter
No abstract provided.
Flawed Forensics: Cautionary Tales From Our Criminal Justice Past, Marisa Tisbo
Flawed Forensics: Cautionary Tales From Our Criminal Justice Past, Marisa Tisbo
Public Interest Law Reporter
No abstract provided.
Battle Of The Branches, Melissa Dupor
Battle Of The Branches, Melissa Dupor
Public Interest Law Reporter
No abstract provided.
Juveniles, Mass Incarceration, And Why "Raising The Age" Is Not Enough, Kenya Barbara
Juveniles, Mass Incarceration, And Why "Raising The Age" Is Not Enough, Kenya Barbara
Public Interest Law Reporter
No abstract provided.
How Will The Legalization Of Marijuana Affect The Incarcerated In Illinois?, Kevin Anderson
How Will The Legalization Of Marijuana Affect The Incarcerated In Illinois?, Kevin Anderson
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Legalization Of Marijuana In Illinois: The Broader Implications On Social Justice, Colleen Ahern
Legalization Of Marijuana In Illinois: The Broader Implications On Social Justice, Colleen Ahern
Public Interest Law Reporter
No abstract provided.
Housing Preservation Under Vawa: The Case For Treating Housing As An Immediate Safety Need, Olivia Alden
Housing Preservation Under Vawa: The Case For Treating Housing As An Immediate Safety Need, Olivia Alden
Public Interest Law Reporter
No abstract provided.
Healthcare In America: Assessing The Aca And Medicare-For-All, Thomas Bishop
Healthcare In America: Assessing The Aca And Medicare-For-All, Thomas Bishop
Public Interest Law Reporter
No abstract provided.
Uncared For In State Care, Ashli Giles-Perkins
Uncared For In State Care, Ashli Giles-Perkins
Public Interest Law Reporter
No abstract provided.
Sex Stereotyping: Whether Title Vii Prohibits Discrimination Against Transgender People, Connor Q. Hollander
Sex Stereotyping: Whether Title Vii Prohibits Discrimination Against Transgender People, Connor Q. Hollander
Public Interest Law Reporter
No abstract provided.
International Lessons In The Systematic Adoption Of Felony Restorative Justice In Chicago, Sean Hux
International Lessons In The Systematic Adoption Of Felony Restorative Justice In Chicago, Sean Hux
Public Interest Law Reporter
No abstract provided.
Increased Administrative Roadblocks In Naturalization And Immigration Under President Trump, Kyle Johnson
Increased Administrative Roadblocks In Naturalization And Immigration Under President Trump, Kyle Johnson
Public Interest Law Reporter
No abstract provided.
Wrongfully Convicted Does Not Need To Mean Wrongfully Compensated: Using State Legislation To Assure Accurate Compensation, Lilia Valdez
Wrongfully Convicted Does Not Need To Mean Wrongfully Compensated: Using State Legislation To Assure Accurate Compensation, Lilia Valdez
Public Interest Law Reporter
No abstract provided.
Access To Justice: The Law And Political Economy Of The Legal Services Corporation, Bobby Vanecko
Access To Justice: The Law And Political Economy Of The Legal Services Corporation, Bobby Vanecko
Public Interest Law Reporter
No abstract provided.
A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court, Benjamin Priester
A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court, Benjamin Priester
Journal Publications
Over many years, the United States Supreme Court has developed an extensive body of precedent interpreting and enforcing the provisions of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures by law enforcement agents conducting criminal investigations. Commonly called the "warrant requirement," one key component of this case law operates to deem some police investigatory techniques to be unconstitutional unless they are conducted pursuant to a search warrant issued in advance by a judge. The terms of the doctrine and its exceptions also authorize other investigatory actions as constitutionally permissible without a search warrant. The …
Mens Rea Reform And Its Discontents, Benjamin Levin
Mens Rea Reform And Its Discontents, Benjamin Levin
Publications
This Article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
All Master's Theses
Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …
Constitutional Confessions: In Favor Of A "Loewy Plus' Approach, Tracy Hresko Pearl
Constitutional Confessions: In Favor Of A "Loewy Plus' Approach, Tracy Hresko Pearl
Faculty Articles
Professor Arnold Loewy famously argues that, given the failings of Fifth Amendment jurisprudence, the Sixth Amendment right to counsel should attach at interrogation rather than at the onset of adversarial proceedings. His proposal is wise and should be adopted. However, given the failure of the Court's ruling in Miranda v. Arizona to reduce psychological coercion during custodial interrogations, several additional reforms are needed. Namely, it should be significantly more difficult for suspects to waive their right to counsel during interrogation, all custodial interrogations should be recorded, and particularly coercive interrogation techniques – like lying about evidence – should be banned.
Promoting Equality Through Empirical Desert, Ilya Rudyak
Promoting Equality Through Empirical Desert, Ilya Rudyak
Texas A&M Law Review
According to empirical desert theory, good utilitarian grounds exist for distributing criminal punishment pursuant to the (retributive) intuitions of the lay community on criminal liability. This theory’s insights, based on original empirical research and informed by social science, have significantly influenced contemporary criminal law theory. Yet, ostensibly, the theory is hampered by serious limitations, which may have obstructed its progress and its potential to guide criminal justice reform. Chief among them: it draws from community intuitions, and community intuitions—as the theory acknowledges—are sometimes immoral. In addition to these “immorality objections,” (commonly illustrated by alluding to the antebellum South and Nazi …
A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt
A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt
Articles & Chapters
Anyone who has been involved with death penalty litigation in the past four decades knows that one of the most scandalous aspects of that process—in many ways, the most scandalous—is the inadequacy of counsel so often provided to defendants facing execution. By now, virtually anyone with even a passing interest is well versed in the cases and stories about sleeping lawyers, missed deadlines, alcoholic and disoriented lawyers, and, more globally, lawyers who simply failed to vigorously defend their clients. This is not news.
And, in the same vein, anyone who has been so involved with this area of law and …
Arrests As Guilt, Anna Roberts
Arrests As Guilt, Anna Roberts
Faculty Publications
An arrest puts a halt to one’s free life and may act as prelude to a new process. That new process—prosecution—may culminate in a finding of guilt. But arrest and guilt—concepts that are factually and legally distinct—frequently seem to be fused together. This fusion appears in many of the consequences of arrest, including the use of arrests in assessing “risk,” in calculating “recidivism,” and in identifying “offenders.” An examination of this fusion elucidates obstacles to key aspects of criminal justice reform. Efforts at reform, whether focused on prosecution or defense, police or bail, require a robust understanding of the differences …