Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act,
2022
Notre Dame Law School
Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw
Journal of Legislation
Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment,
2022
Swinburne Law School (Melbourne)
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar
Cleveland State Law Review
There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited …
Innocent Until Proven Arrested: How Pretrial Juvenile Detention For Nonviolent Offenders In Ohio Inflicts Constitutional Violations,
2022
Cleveland State University College of Law
Innocent Until Proven Arrested: How Pretrial Juvenile Detention For Nonviolent Offenders In Ohio Inflicts Constitutional Violations, Taryn Schoenfeld
Et Cetera
When a juvenile is accused of committing a crime in Ohio, juvenile court judges must determine whether to detain the child pretrial in a juvenile jail or permit the child to go home to await trial. Whereas alleged adult offenders have the right to pay a monetary bond to be released from jail pretrial, juveniles have no such right. Thus, once a judge makes the decision to detain a juvenile pretrial—prior to being adjudicated delinquent of any crime—it is difficult for that decision to be undone. While incarcerated, juveniles suffer irreversible psychological, emotional, mental, and social harms, despite juvenile courts …
Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio,
2022
Cleveland-Marshall College of Law
Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski
Cleveland State Law Review
In Ohio, it is a criminal offense to engage in sexual conduct with another when his or her ability to consent is “substantially impaired” because of a mental or physical condition. There is no mechanism for persons with intellectual and/or developmental disabilities to receive judicial notice of whether their ability to consent is “substantially impaired” prior to criminal adjudication, nor is there a way for them to affirmatively prove that they have the capacity to consent to sexual activity. Thus, under Ohio law, intellectually and/or developmentally disabled individuals may be functionally and irrevocably barred from engaging in sexual intimacy for …
Snitch. Snake. Mole. Books.: Examining Responses To “Insider/ Outsider” Researchers In Corrections,
2022
American University
Snitch. Snake. Mole. Books.: Examining Responses To “Insider/ Outsider” Researchers In Corrections, Talisa J. Carter, Chelsea Thomson
Qualitative Criminology (QC)
Qualitative researchers face unique challenges when conducting original data collection within facilities of confinement. These challenges are shaped by a range of factors including the study’s research design, researcher identity, and organizational climate of the facility. Although the barriers of data collection in corrections are known, literature providing context, nuance, and recommendations for overcoming these obstacles is sparse, especially for qualitative fieldwork. This work addresses this gap by examining responses of correctional employees to observational research. During data collection, correctional staff called the primary author “snitch,” “snake,” “mole,” and “Books.” This paper investigates these labels and offers suggestions on how …
“Leave Your Pain Here”: An Illustration Of Therapeutic Jurisprudence Through The Remarks Of Judge Rosemarie Aquilla From The State Of Michigan V. Larry Nassar,
2022
Trauma Transformation Center
“Leave Your Pain Here”: An Illustration Of Therapeutic Jurisprudence Through The Remarks Of Judge Rosemarie Aquilla From The State Of Michigan V. Larry Nassar, Leah Kaylor, Terri L. Weaver, Katherine Kelton
Qualitative Criminology (QC)
Dr. Lawrence Nassar was the national medical coordinator of the United States of America Gymnastics (USAG), gymnastics team physician/assistant professor at Michigan State University, and the USAG artistic team physician who sexually abused many young women and children under the guise of medical treatments. In an unprecedented legal event, Judge Aquilina allowed anyone who had been impacted by Nassar’s abuse to participate in the pre-sentencing phase by reading a victim impact statement. Judge Aqualina listened to 156 impacted speakers and responded with personalized messages. This paper will examine Judge Aquilina’s responses to the victim impact statements through the lens of …
Using A Trauma-Informed Practice Framework To Examine How South Australian Judges Respond To Trauma In The Lives Of Aboriginal Defendants,
2022
Flinders University
Using A Trauma-Informed Practice Framework To Examine How South Australian Judges Respond To Trauma In The Lives Of Aboriginal Defendants, Katherine J. Mclachlan
Qualitative Criminology (QC)
This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma when sentencing Aboriginal defendants. Trauma-informed sentencing requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to avoid re-traumatisation. By analysing sentencing remarks of 42 defendants identified as Aboriginal, the presence of trauma-informed practice was explored, in terms of judicial decision-making, the sentencing process and the sanction imposed. While not holistic summaries of judges’ reasoning, sentencing remarks are intended to enable the parties and the community to understand sentencing logic. …
White Supremacy And The Future Of Liberal Democracy: The Case Of The Nordic Resistance Movement,
2022
Old Dominion University
White Supremacy And The Future Of Liberal Democracy: The Case Of The Nordic Resistance Movement, Ida Oesteraas
Qualitative Criminology (QC)
In 2015, the largest neo-Nazi organization in Scandinavia, The Nordic Resistance Movement (NRM) registered as a political party and entered electoral politics in Sweden. Utilizing qualitative content analysis, the current work explores changes in NRM’s rhetoric from before the party entered politics in 2010 and five years later in 2018. Focus centers on NRM’s ideology, what or whom they frame as their threat, and their suggested solutions for constructed problems. Results show fascist rhetoric in both time periods. An argument is made that there is no actual moderation in NRM’s politics by liberal democracy. Rather, far-right extremism is a threat …
Defense, Disrespect, And #Deadly: A Qualitative Exploration Of Precursors To Youth Violence Informed Through Hospital-Based Violence Prevention Program Follow Up,
2022
University of Oklahoma Health Sciences Center
Defense, Disrespect, And #Deadly: A Qualitative Exploration Of Precursors To Youth Violence Informed Through Hospital-Based Violence Prevention Program Follow Up, Katherine B. Snyder, Ashley Raposo-Hadley, Charity Evans, Ashley Farrens, Jennifer Burt, Gaylene Armstrong, Julie Garman, Lindsey Wylie, Mark Foxall
Qualitative Criminology (QC)
Success of youth violence intervention and prevention effects, particularly for gun violence, will be enhanced when efforts are appropriately informed by the antecedents and context of violence. Youth violence is guided by social and cultural norms that are shifting with the rise of technology. Bullying, gang violence, and self-directed violence is increasingly found to occur in the online space influencing peer groups across contexts. Through focus groups with youth at risk for violence and victimization, this study finds three themes emerge as common precursors to violence: defense of self or others, disrespect of self or family occurring in traditional community-based …
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World,
2022
University of Georgia School of Law
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham
Georgia Journal of International & Comparative Law
No abstract provided.
The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts,
2022
Seattle University School of Law
The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts, Zia Akhtar
American Indian Law Journal
No abstract provided.
Case Law On American Indians,
2022
Seattle University School of Law
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Ramos Retroactivity And The False Promise Of Teague V. Lane,
2022
University of Miami School of Law
Ramos Retroactivity And The False Promise Of Teague V. Lane, Tori Simkovic
University of Miami Law Review
When the Supreme Court changes course and announces a new rule of constitutional criminal law, the question remains: what happens to those imprisoned by the old practice now deemed unconstitutional? Since 1989, that question has been answered by Teague v. Lane, a restrictive holding that limits retroactivity by prioritizing judicial resources over the constitutional rights of incarcerated people. But should it matter if the old rule has explicitly racist origins?
Convictions by non-unanimous juries emerged in Louisiana and Oregon with the stated intention of rendering Black jurors' votes meaningless. In 2020, the Supreme Court in Ramos v. Louisiana held that …
You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense,
2022
University at Buffalo School of Law
You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy
Buffalo Law Review
No abstract provided.
24th Annual Open Government Summit 2022,
2022
Roger Williams University
24th Annual Open Government Summit 2022, Roger Williams University School Of Law, Rhode Island Office Of The Attorney General
School of Law Conferences, Lectures & Events
No abstract provided.
Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children,
2022
University of Arkansas, Fayetteville
Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe
Arkansas Law Notes
Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live …
How Technology Is Changing Justice In China,
2022
Duke Law School
How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen
Judicature International
No abstract provided.
Cyber Terrorism Using Drones: Legal And Security Challenges And Confrontation Strategy,
2022
Imam Malik College for Sharia and Law
Cyber Terrorism Using Drones: Legal And Security Challenges And Confrontation Strategy, Dr. Emadeldin Mohamed Kammel Abdulhamed
Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة
The infrastructure of various developed countries in the world has been based on cyberspace, based on information technology and communications technology. Cyberspace, with its previous components, has become a force of attraction for attacking it by committing information technology crimes, cyber terrorism, cyber wars and electronic wars. Smart applications, which include drones and are called unmanned aircraft, are the most important and dangerous means. Therefore, the research problem was embodied in a set of legal, technical and security problems represented in: the risks and challenges imposed by cyber terrorism, and drones with the development of their manufacturing technology and unique …
No Path Forward: Nevada’S Death Penalty,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler
Nevada Law Journal
No abstract provided.
Victims As Instruments,
2022
University of Missouri School of Law
Victims As Instruments, Rachel J. Wechsler
Faculty Publications
Crime victims are often instrumentalized within the criminal legal process in furtherance of state prosecutorial interests. This is a particularly salient issue concerning victims of gender-based violence (GBV) because victim testimony is typically considered essential for successful prosecution of these types of crimes. Since the U.S. Supreme Court's 2004 decision in Crawford v. Washington, courts require declarants to be available for cross-examination on "testimonial" hearsay evidence. Consequently, criminal legal actors are further incentivized to employ highly coercive practices aimed at securing GBV victims' participation in the criminal legal process as evidentiary tools. These practices include arresting and incarcerating victims through …
