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Formalizing Fairness: Statistical Measures Of Parity For Recidivism Prediction Instruments, Joshua Song 2024 University of Michigan Law School

Formalizing Fairness: Statistical Measures Of Parity For Recidivism Prediction Instruments, Joshua Song

Michigan Technology Law Review

Recidivism prediction instruments (RPI) are increasingly employed as an algorithmic arm of the criminal justice system to assist in bond, sentencing, and probation determinations. Due process and ethics guidelines require that RPIs, such as the Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), apply a fair assessment in making recidivism predictions. To establish fair RPIs, we must first define standards of fairness and methods to measure bias in RPI outputs. However, defining algorithmic fairness can be cryptic and context-dependent. Scholars have proposed different criteria for what defines a fair RPI. Unfortunately, these criteria are conflicting and mutually exclusive; it is …


Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen 2024 University of Johannesburg

Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen

SAIPAR Case Review

This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an …


Sydney Mwansa V. Director Of Public Prosecutions (Appeal No. 276/2012) (Dpp) And Non-Conviction Based Forfeiture Orders: A Case Comment, Muna Ndulo 2024 Cornell Law School

Sydney Mwansa V. Director Of Public Prosecutions (Appeal No. 276/2012) (Dpp) And Non-Conviction Based Forfeiture Orders: A Case Comment, Muna Ndulo

SAIPAR Case Review

This piece critically analyses the Zambian Court of Appeal's decision regarding a non-conviction-based forfeiture order. The Court allowed the appeal, insisting on the need to identify a specific offence and establish a clear connection between the offence and the tainted property. The author argues that this decision is legally flawed as it misconstrues the fundamental principle of non-conviction forfeiture, which does not require proof of a criminal conviction or a specific offence. The commentary emphasises that unexplained wealth, where authorities show a disparity between legitimate earnings and accumulated assets, should be sufficient to trigger forfeiture, with the burden of proof …


Artificial Intelligence & Criminal Justice: A Primer, Benjamin Perrin 2024 Allard School of Law at the University of British Columbia

Artificial Intelligence & Criminal Justice: A Primer, Benjamin Perrin

All Faculty Publications

The UBC Artificial Intelligence & Criminal Justice Initiative empowers students and scholars to explore the opportunities and challenges at the intersection of AI and criminal justice through teaching, research, public engagement, and advocacy.


Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr. 2024 Touro University Jacob D. Fuchsberg Law Center

Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.

Touro Law Review

With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems …


Reconstructing Citizenship, Jenny E. Carroll, James Jeter 2024 Texas A&M University School of Law

Reconstructing Citizenship, Jenny E. Carroll, James Jeter

Faculty Scholarship

In our republican democracy, voting is a central right of citizenship. Yet millions of voters are routinely disenfranchised as a result of convictions or because their carceral status creates barriers to voting. In the past decade, academic scholarship has focused on the impact of disenfranchisement based on conviction. This work has mapped the legal and social implications of policies that deny voting rights to over five million otherwise eligible voters nationwide. Yet this work has some gaps. First, by focusing solely on conviction-based disenfranchisement, the existing scholarship has largely ignored fatal barriers to voting created (and at times perpetuated) by …


An Examination Of Ghana’S Implementation Of Maritime Single Window(Msw) : Prospects And Challenges, Pamela Maaleka Puowele Karbo 2024 World Maritime University

An Examination Of Ghana’S Implementation Of Maritime Single Window(Msw) : Prospects And Challenges, Pamela Maaleka Puowele Karbo

World Maritime University Dissertations

No abstract provided.


The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis 2024 Touro University Jacob D. Fuchsberg Law Center

The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis

Touro Law Review

In 2015, the Supreme Court in Kingsley v. Hendrickson held that a pretrial detainee claiming excessive force on the part of the state must only show that the force used was objectively unreasonable. Prior to the adoption of the purely objective standard, many courts around the country were analyzing such cases through a subjective standard to determine whether the officers subjectively knew that the force used against a pretrial detainee was unreasonable. The absence of this objective standard essentially allowed state officials to use excessive force against pretrial detainees without violating an individual’s Constitutional rights. The Supreme Court reasoned that …


Punishing Individuals Who Complied With Intolerably Unjust 'Laws' In Predecessor Regimes, Seow Hon TAN 2024 Singapore Management University

Punishing Individuals Who Complied With Intolerably Unjust 'Laws' In Predecessor Regimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Suppose a 'law' required individuals to report neighbours of a certain race for extermination. If individuals complied with such a 'law' to avoid the penal sanction of a death sentence, should a tribunal involved in the process of transitional justice in a successor regime punish them? Radbruch suggests that intolerably unjust 'laws' are not legally valid. According to Radbruch's Formula, reporting the neighbour would not be justified by law. The logical implication of this Formula is that the act of reporting was, in substance, abetment to murder (or possibly, genocide). Yet, punishing individuals who complied with the purported 'law' in …


Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright 2024 University of Tennessee College of Law

Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright

Tennessee Journal of Law and Policy

Transcript of the lecture given by Bright at the University of Tennessee College of Law Summers-Wyatt Lecture given on September 27, 2010.


Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter 2024 University of Tennessee College of Law

Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter

Tennessee Journal of Law and Policy

No abstract provided.


Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers 2024 University of Tennessee College of Law

Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers

Tennessee Journal of Law and Policy

No abstract provided.


National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson 2024 University of Tennessee College of Law

National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson

Tennessee Journal of Law and Policy

No abstract provided.


Fear Of Motion, Cardozo Criminal Defense Clinic, Filmmakers Legal Clinic (FLC), Perlmutter Center for Legal Justice at Cardozo Law, Josh Dubin 2024 Perlmutter Center for Legal Justice at Cardozo Law

Fear Of Motion, Cardozo Criminal Defense Clinic, Filmmakers Legal Clinic (Flc), Perlmutter Center For Legal Justice At Cardozo Law, Josh Dubin

2024 Event Invitations

“A young man on the grip of his probation, attending a therapy session to navigate his survivor guilt after getting his best friend incarcerated. The film explores familiar themes in black politics, regarding the struggles and circumstances of people under maximum sentences. It includes the stigmatization and ineffective rehabilitation that contributes to the corruption of the probation system.”


Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub 2024 University of Cincinnati College of Law

Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub

University of Cincinnati Law Review

No abstract provided.


Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law, Mia Cordle 2024 University of Cincinnati College of Law

Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law, Mia Cordle

University of Cincinnati Law Review

No abstract provided.


The Legal Landscape After Roe's Reversal, Rachel Rebouché 2024 Temple University Beasley School of Law

The Legal Landscape After Roe's Reversal, Rachel Rebouché

University of Cincinnati Law Review

No abstract provided.


A Defendant's Right To Counsel In Commitment Hearings For Nonpayment Of A Criminal Fine, Barbara A. Appleby 2024 University of Maine School of Law

A Defendant's Right To Counsel In Commitment Hearings For Nonpayment Of A Criminal Fine, Barbara A. Appleby

Maine Law Review

The federal constitutional right of an indigent defendant to appointed counsel in state court proceedings derives from two constitutional provisions. First, the sixth amendment, as incorporated by the due process clause of the fourteenth amendment, provides the basis for an absolute right to counsel in criminal prosecutions leading to actual imprisonment. Second, the due process clause, as an independent source of individual rights, provides the basis for the right to counsel in civil proceedings. Both the sixth amendment and the due process rights may be implicated in a hearing for non-payment of a criminal fine. Title 17-A, section 1304 of …


Disparity And The Need For Sentencing Guidelines In Maine: A Proposal For Enhanced Appellate Review, Daniel E. Wathen 2024 University of Maine School of Law

Disparity And The Need For Sentencing Guidelines In Maine: A Proposal For Enhanced Appellate Review, Daniel E. Wathen

Maine Law Review

Perhaps in no other field of judicial endeavor is diversity and variety more apparent than when a sentencing judge considers the circumstances presented by a defendant convicted of a criminal offense. In each case, the sentencing judge confronts an individual who has no exact counterpart in any defendant previously appearing before the court for sentencing. The sentence imposed is primarily a matter of judicial discretion and is based upon consideration of the nature of the offense, the circumstances surrounding the commission of the offense, and the circumstances of the defendant. The sentencing judge formulates a specific sentence within broad statutory …


Maine's Unintentional Murder Statute: Depraved Indifference On Trial, Louis B. Butterfield 2024 University of Maine School of Law

Maine's Unintentional Murder Statute: Depraved Indifference On Trial, Louis B. Butterfield

Maine Law Review

Perhaps nowhere in the law is the demand for reason and justice more compelling than in the penal law, and nowhere in the penal law is the need for fairness greater than in the law defining murder. The notion of fairness in Anglo-American criminal law is embodied in the concept of mens rea. For over three hundred years, the basic tenet of penal law has been that "actus non facit reum, nisi mens sit rea." A mens rea element serves to define a crime in positive terms and also provides the basis for defenses that negate the subjective culpability element. …


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