Holding The Big House Accountable: The Sixth Circuit Concludes A Pretrial Detainee's Fourteenth Amendment Deliberate Indifference Claim Is A Wholly Objective Determination,
2023
Villanova University Charles Widger School of Law
Holding The Big House Accountable: The Sixth Circuit Concludes A Pretrial Detainee's Fourteenth Amendment Deliberate Indifference Claim Is A Wholly Objective Determination, Noah Speitel
Villanova Law Review
No abstract provided.
The Security Period Disrupting The Punishment Conditioning Systems In Algerian And French Laws,
2023
Faculty of Law and Political Science - Abdelhamid Ibn Badis University, Algeria
The Security Period Disrupting The Punishment Conditioning Systems In Algerian And French Laws, Bassim Chihab Prof.
UAEU Law Journal
The security period is one of the topics of criminal law, it was adopted by French law in 1978 It was included in the penal code which entered into force on 1/3/1994. Then other legislation followed and it was adopted in the Algerian penal code by law 06- 23, it was considered by the Gabonese penal code issued on 5/7/2019.
The security period is not a criminal penalty or an aggravating circumstance, it is based on the terms of sentence and imprisonment and targets the systems of execution of the penalty, and it is mandatory by the force of law …
Clemency: A Tool For Extreme And Discriminatory Sentences,
2023
Benjamin N. Cardozo School of Law
Clemency: A Tool For Extreme And Discriminatory Sentences, Kathryn Miller, Jonathan H. Oberman, Cardozo Criminal Defense Clinic
Cardozo News 2023
This article appeared in the 2023 edition of Cardozo Life magazine.
For Joaquin Winfield, April 7, 2023, will forever be a day to remember. That is when he was granted clemency by New York Gov. Kathy Hochul after serving 26 years in prison for possession of 4.6 ounces of crack. The disparity in sentences given to people from different races for similar crimes has been widely written about in recent years. Winfield was sentenced under the now-repealed Rockefeller Drug Laws of the 1970s and 1980s. He was sentenced to 37.5 years to life, one of the longest prison sentences in …
A Comparative Analysis Of Criminal Justice Systems In The United States And Scandinavia,
2023
Ohio Northern University
A Comparative Analysis Of Criminal Justice Systems In The United States And Scandinavia, Tyler Truelock
Ohio Northern University International Law Journal
No abstract provided.
Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation,
2023
United States Military Academy at West Point
Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken
Genocide Studies and Prevention: An International Journal
The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …
Exploring The Importance Of Criminal Legal Aid: A Canadian Perspective,
2023
Osgoode Hall Law School of York University
Exploring The Importance Of Criminal Legal Aid: A Canadian Perspective, Trevor C. W. Farrow, Marcus Pratt
Articles & Book Chapters
There is a growing global recognition that, in order to address the current access to justice crisis, more research, together with a better understanding of data, is needed. This article, through an examination of existing legal aid research primarily in the area of criminal law, explores some of what we know and do not know about the relative benefits and costs of providing different kinds of criminal legal aid services. Although not a comprehensive review of all available research, this article identifies data strengths and gaps and the need for further research and reforms.
“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations,
2023
University of Toronto
“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations, Rachel Schumann, Carolyn Yule
International Journal on Responsibility
The control, supervision, and rehabilitation of criminalized people often falls on the shoulders of non-state agents and organizations. Surety bail releases are a clear embodiment of this trend, as the courts call upon relatives, friends, and employers to supervise the pre-conviction activity of people accused of a crime. According to the law, sureties must report all bail violations to the police; the resulting diffusion of responsibility is said to increase the penal state’s power and control over criminal justice-involved individuals while minimizing reputational risks. Yet how sureties carry out this role in the community remains unexplored. Using data from 36 …
Public Perceptions And Legal Dimensions Of Juvenile Sexting,
2023
Longwood University
Public Perceptions And Legal Dimensions Of Juvenile Sexting, Corey Call
Journal of Social, Behavioral, and Health Sciences
The sending of sexually explicit messages, or “sexting” has been recognized as a common practice among youths. As sexting may involve the creation and distribution of sexually explicit images and videos, juvenile sexters can be charged with offenses related to child pornography. This study examined public attitudes toward juvenile sexting and demographic influences on these views. Based on a quantitative survey of 1,023 U.S. adults, the majority of respondents (51.8%) disapproved of criminalization in cases of consensual sexting, but 80% supported legal repercussions for nonconsensual sharing. Respondents primarily favored educational interventions (67.4%) and restrictions on technology use (53.4%) over harsh …
Is There Really Anything Wrong With That? An Aristotelian Analysis Of Duty,
2023
Georgia Southern University
Is There Really Anything Wrong With That? An Aristotelian Analysis Of Duty, Luke J. Mcgrath
Honors College Theses
In the iconic Seinfeld series finale, Jerry, George, Elaine, and Kramer find themselves in a peculiar legal predicament when they mock a crime rather than intervene to help the victim. The show’s commitment to portraying reality, even in its finale, vividly demonstrates the potential consequences of a society lacking the legal obligation to aid others. This comical incident raises a thought-provoking question about the legitimacy of duty-to-act laws in the United States. This thesis examines the application of Aristotle’s Nicomachean Ethics to the concept of duty-to-act laws and argues for the necessity and benefits of such laws in promoting a …
When A Picture Is Worth A Thousand Sentences: A Call To Reword Federal Sentencing Of Non-Production Child Pornography Offenses In The United States,
2023
New York County District Attorney's Office
When A Picture Is Worth A Thousand Sentences: A Call To Reword Federal Sentencing Of Non-Production Child Pornography Offenses In The United States, Lucy T. Shephard
Buffalo Law Review
No abstract provided.
Honest Belief And Proof Of Unlawful Motive,
2023
University of Washington School of Law
Honest Belief And Proof Of Unlawful Motive, Eric Schnapper
Buffalo Law Review
No abstract provided.
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations,
2023
University at Buffalo School of Law
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Buffalo Law Review
One-hundred and twenty-eight years after “the Supreme Court of the United States had an opportunity to clear up the confusion and ambiguity that hang[s] over the common talk about the presumption of innocence,”1 the confusion persists. This lingering confusion is at its most stringent in federal bail determinations where, despite legislative intent, precedent, and logic to the contrary, it is invoked to discount the weight of the evidence against the defendant in deciding what conditions will secure presence at trial or safety to the community. Furthermore, the presumption’s path from an instrument of proof to its status as a right …
Perlmutter Center For Legal Justice At Cardozo Law Asks Ny Governor Kathy Hochul To Sign Wrongful Convictions Act,
2023
Perlmutter Center for Legal Justice at Cardozo Law
Perlmutter Center For Legal Justice At Cardozo Law Asks Ny Governor Kathy Hochul To Sign Wrongful Convictions Act, Josh Dubin
Perlmutter Center Letters
The Law expands legal recourse for those wrongfully convicted including the right to counsel and the ability to challenge flawed scientific evidence.
The Perlmutter Center for Legal Justice at Cardozo Law has asked New York State Governor Kathy Hochul to sign the Challenging Wrongful Convictions Act.
The law (S.7548) was passed by both houses of the New York State legislature. If signed, it will expand legal recourse for those wrongfully convicted in New York including the right to counsel, the ability to challenge flawed or outdated scientific evidence, gives innocent people who pleaded guilty the right to apply for post …
Insanity And Incompetency: Courts, Communities, And The Intersections Of Mental Illness And Criminal Justice In The Wake Of Kahler And Trueblood,
2023
Golden Gate University School of Law
Insanity And Incompetency: Courts, Communities, And The Intersections Of Mental Illness And Criminal Justice In The Wake Of Kahler And Trueblood, Gwendolyn West
Golden Gate University Law Review
Today, people with mental illnesses in the United States are ten times more likely to be incarcerated than hospitalized. About 20 percent of the United States population experiences some kind of mental illness each year, and about 3 to 5 percent of the population experiences a severe and persistent mental illness. By contrast, more than 60 percent of jail inmates and at least 45 percent of prison inmates in the United States have a diagnosed mental illness. Studies have found that anywhere from 25 percent to 71 percent of people with serious mental illness in a given community have a …
Locked Away For Life: The Case Against Juvenile Life Without Parole For Felony Murder,
2023
Golden Gate University School of Law
Locked Away For Life: The Case Against Juvenile Life Without Parole For Felony Murder, Jennifer Gomez
Golden Gate University Law Review
This Comment argues that life without the possibility of parole is not an appropriate sentence for juveniles who commit felony murder because of the inherent characteristics of juveniles, such as their immaturity and inability to foresee consequences. At the age of seventeen, Riley Briones was sentenced to life without the possibility of parole for his involvement in a robbery that resulted in a murder. Abused by his father throughout his childhood, Briones’ use of alcohol and drugs began early at the age of eleven. While he had aspired to attend college, Briones became a teen parent which required him to …
Dna Analysis: The Answer For Unsolved Cases?,
2023
Concordia University St. Paul
Dna Analysis: The Answer For Unsolved Cases?, Sarah Hetchler
Master of Arts in Criminal Justice Leadership
DNA analysis has become a crucial part of solving cases. It has developed significantly since its creation in the mid-1980s. The longing for answers within unsolved cases is historically lengthy, leaving traces of distrust and injustice. Criminologists offer a potential solution to the mess created by connecting DNA analysis to protect victims and communities. DNA evidence and analysis can assist in solving cases and provide answers for exonerees. Like public genealogy websites, law enforcement agencies must acknowledge new methods to solve issues. Not only could law enforcement agencies solve and arrest suspects through DNA analysis, but DNA could also provide …
Legal And Health Risks Of Abortion Criminalization: State Policy Responses In The Immediate Aftermath Of Dobbs,
2023
Cleveland State University
Legal And Health Risks Of Abortion Criminalization: State Policy Responses In The Immediate Aftermath Of Dobbs, Adrienne R. Ghorashi, Deanna Baumle
Journal of Law and Health
Major changes to the landscape of abortion law and service delivery have rapidly proliferated since the Supreme Court’s decision in Dobbs, in some cases overnight. Using legal epidemiology methods, the authors of this Article and a team of researchers created a legal dataset that identifies and tracks state laws impacting abortion access in the months immediately following the Dobbs ruling. This Article explores the dataset's findings, detailing changes in abortion laws including abortion bans and related penalties, interstate shield laws, and data privacy protections, from June 1, 2022 through January 1, 2023. While several states moved quickly to restrict …
Mitigation Reports In Capital Cases: Legal And Ethical Issues,
2023
Cornell University Law School
Mitigation Reports In Capital Cases: Legal And Ethical Issues, Russell Stetler, W. Bradley Wendel
St. Mary's Journal on Legal Malpractice & Ethics
The mitigation investigation that is essential in every capital case requires a multidisciplinary team. The duty to conduct this investigation is clearly established federal law, as well as an ethical obligation of counsel. The mitigation evidence that is uncovered is of vital importance to the rights of the individual accused of a capital offense, but also to reliable outcomes since all decisionmakers—including prosecutors, jurors, and judges—need the most complete and accurate picture of the person facing the punishment of last resort. This Article discusses some of the unique legal and ethical issues affecting the documentation of this investigation. The Authors …
Preliminary-Hearing Waivers And The Contract To Negotiate,
2023
Pepperdine University
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Pepperdine Law Review
Plea bargaining often begins very early in a criminal case—sometimes before the preliminary hearing, or “prelim,” is held. Be-cause of the time, effort, and risk involved in holding a prelim, the prosecutor may make the defendant a prelim waiver offer. That is, if the defendant agrees to waive the prelim, the prosecutor will hold a particular plea offer open for the defendant’s future consideration. Such prelim waiver offers may be skeletal, at best, but will often include the promise of “future negotiations” to fill in the details. When the prosecutor obtains the defendant’s prelim waiver for the promise of future …
Keeping Fair Chance Laws Fair: Implications For Employers And Employees Given The Expansion And Variety Of Fair Chance Laws In The United States,
2023
The Catholic University of America, Columbus School of Law
Keeping Fair Chance Laws Fair: Implications For Employers And Employees Given The Expansion And Variety Of Fair Chance Laws In The United States, Caitlin T. Gaines
Catholic University Law Review
Jurisdictions around the United States have adopted, and are considering adopting, fair chance laws, also known as “ban the box” laws, to improve access to employment opportunities for those with criminal histories. For years, individuals with criminal records – approximately one in four U.S. adults – have been disadvantaged when employers heavily rely upon criminal background checks during the hiring process. Now, with the proliferation of fair chance laws which require employers to avoid considering criminal history in hiring decisions, public and private employers are faced with implementation concerns as they adapt their hiring practices to ensure compliance with the …