Young V. Hawaii: A Dangerous Precedent,
2020
Loyola Marymount University and Loyola Law School
Young V. Hawaii: A Dangerous Precedent, Michael Jimenez
Loyola of Los Angeles Law Review
No abstract provided.
Supervised Release Is Not Parole,
2020
Federal Community Defender Office for the Eastern District of Pennsylvania
Supervised Release Is Not Parole, Jacob Schuman
Loyola of Los Angeles Law Review
The United States has the largest prison population in the developed world. Yet outside prisons, there are almost twice as many people serving terms of criminal supervision in the community— probation, parole, and supervised release. At the federal level, this “mass supervision” of convicted offenders began with the Sentencing Reform Act of 1984, which abolished parole and created a harsher and more expansive system called supervised release. Last term in United States v. Haymond, the Supreme Court took a small step against mass supervision by striking down one provision of the supervised release statute as violating the right to …
The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges,
2020
University of Nebraska at Omaha
The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson
Theses/Capstones/Creative Projects
The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially focusing …
Juvenile Diversion Programs: Comparing Minnesota County Characteristics To Determine Their Role In Pre-Trial Diversion Programs,
2020
Bemidji State University
Juvenile Diversion Programs: Comparing Minnesota County Characteristics To Determine Their Role In Pre-Trial Diversion Programs, Kaydin Schmitt
Political Science Theses and Capstones
The main goal of the juvenile justice system is to rehabilitate offenders and prevent youth from entering the adult justice system. One approach is through the use of diversion programs. The state of Minnesota requires all counties to offer at least one type of pre-trial diversion program. However, there is no ubiquitous program; the number and types of programs differ between counties, and the reason for these differences between jurisdictions is under-researched. I analyze the number and types of pre-trial diversion programs in Minnesota counties and compare them to various county characteristics to determine which characteristics play a role in …
Convictions As Guilt,
2020
St. John’s University School of Law
Convictions As Guilt, Anna Roberts
Fordham Law Review
A curious tension exists in scholarly discourse about the criminal legal system. On the one hand, a copious body of work exposes a variety of facets of the system that jeopardize the reliability of convictions. These include factors whose influence is pervasive: the predominance of plea bargaining, for example, and the subordination of the defense. On the other hand, scholars often discuss people who have criminal convictions in a way that appears to assume crime commission. This apparent assumption obscures crucial failings of the system, muddies the role of academia, and, given the unequal distribution of criminal convictions, risks compounding …
"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense,
2020
New York State Court of Appeals
"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense, Eugene M. Fahey, Laura Groschadl, Brianna Weaver
Buffalo Law Review
No abstract provided.
Expungement Of Criminal Convictions: An Empirical Study,
2020
University of Michigan Law School
Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr
Articles
Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …
Understanding Violent-Crime Recidivism,
2020
University of Michigan Law School
Understanding Violent-Crime Recidivism, J.J. Prescott, Benjamin Pyle, Sonja B. Starr
Articles
People convicted of violent crimes constitute a majority of the imprisoned population but are generally ignored by existing policies aimed at reducing mass incarceration. Serious efforts to shrink the large footprint of the prison system will need to recognize this fact. This point is especially pressing at the time of this writing, as states and the federal system consider large-scale prison releases motivated by the COVID-19 pandemic. Those convicted of violent crimes constitute a large majority of older prisoners, who are extremely vulnerable to the spread of the virus behind bars. Excluding them from protective measures will deeply undermine those …
Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers,
2020
University of Nebraska at Omaha
Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers, Morgan A. Mcbride
Theses/Capstones/Creative Projects
Scholars have made strides to illuminate the scope and nature of human trafficking, but there have been minimal efforts to inform responses to victims. Importantly, if we do not address the issues that made people vulnerable in the first place, then they could be susceptible to re-victimization in the future. It is vital then that treatment agencies are available and engaging in effective practices to maximize recovery efforts. Thus, the current study examined treatment providers in the United States in two stages to determine how they respond to victims of these crimes. In the first stage, a systematic literature review …
Retroactive Justice: Toward Fundamental Fairness In Resentencing Crack Cocaine Offenders Under Section 404 Of The First Step Act,
2020
University of Richmond School of Law
Retroactive Justice: Toward Fundamental Fairness In Resentencing Crack Cocaine Offenders Under Section 404 Of The First Step Act, Daniel P. Peyton
University of Richmond Law Review
In analyzing these four methods, this Comment argues that Method IV best serves fundamental fairness in sentencing, in congruence with the purpose of the First Step Act. To resolve its arbitrary implementation, section 404 must be amended to require a full plenary resentencing in accordance with all updated sentencing guidelines and caselaw in effect at the time of the resentencing. This was the approach taken by the court in resentencing Mr. Rhines to time served. While the Supreme Court could rule Method IV is the correct interpretation of the statute, Congress is the more appropriate actor and should capitalize on …
‘Sexualized Slavery’ And Customary International Law,
2020
Benjamin N. Cardozo School of Law
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
Book Chapters
This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …
Plea Bargaining And Collateral Consequences: An Experimental Analysis,
2020
Vanderbilt University Law School
Plea Bargaining And Collateral Consequences: An Experimental Analysis, Carlie Malone
Vanderbilt Law Review
The overwhelming majority of convictions in the United States are obtained through guilty pleas. Many of these guilty pleas are a product of plea bargaining, where a defendant enters a guilty plea in exchange for some form of official concessions. Despite its prominence, plea bargaining is subject to limited regulation. One consequence of this limited regulation is that courts generally only require the direct consequences of a guilty plea to be communicated to a defendant. Thus, when a defendant is deciding whether to plead guilty, he is often operating with incomplete information about the costly collateral consequences that may attach …
Prosecutors And Police: An Unholy Union,
2020
Northern Illinois University College of Law
Prosecutors And Police: An Unholy Union, Maybell Romero
University of Richmond Law Review
This Article argues that, with the once-unheard-of step of prosecutors and police unionizing together in St. Louis, and with relationships between prosecutors and police trending toward growing closer all the time, government at all levels—federal, state, and local—should consider the potential risks of such relationships. Part I explores different types of relationships that go beyond what was once the traditional working relationship between police and prosecutors, including formalized labor unions, employee association groups, friendships, and even marriages. Part II discusses the varying conflicts and deleterious effects that such close relationships cause, unduly influencing investigation priorities and other policies. Part III …
Public Matters? Comparing Decision-Making By Appointed And Elected Prosecutors In Cases Of Deadly Use-Of-Force By Police In The Hartford Judicial District And Suffolk County,
2020
University of Connecticut - Storrs
Public Matters? Comparing Decision-Making By Appointed And Elected Prosecutors In Cases Of Deadly Use-Of-Force By Police In The Hartford Judicial District And Suffolk County, Andrew E. Dubsky
Honors Scholar Theses
This thesis dissects prosecutor discretion for appointed and elected prosecutors after a “catalyst” event shifts public opinion. Previous studies have shown that elected prosecutors are more likely to use discretion favoring the opinion of the public than their appointed counterparts (Bandyopadhyay 2014, Nelson 2014, and Valenti 2011). Because elected prosecutors are more likely to follow public opinion, they should also be more likely to respond to the demands of the public than their appointed counterparts. In effect, elected prosecutors are expected to be more likely to exercise discretion in their charging and prosecuting. To test this, I use the 2014 …
What Is Remembered,
2020
Brooklyn Law School
What Is Remembered, Alice Ristroph
Michigan Law Review
Review of Sarah A. Seo's Policing the Open Road: How Cars Transformed American Freedom.
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court,
2020
Bexar County Court at Law #13
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Floating Lungs: Forensic Science In Self-Induced Abortion Prosecutions,
2020
Boston University School of Law
Floating Lungs: Forensic Science In Self-Induced Abortion Prosecutions, Aziza Ahmed
Faculty Scholarship
Pregnancy that ends in stillbirth or late miscarriage—particularly where a person gives birth outside of a hospital—raises the specter of criminal behavior. To successfully prosecute a person for the death of a child, however, requires proving that the child was born alive. Prosecutors mobilize forensic science as an objective way to determine life. This Essay focuses on one such forensic method: the hydrostatic lung test (“HLT”), also known as the floating lung test (“FLT”). Although there are debates about the “correct” way to perform the exam, in essence, the test requires that a forensic scientist take pieces of the lung …
The Violence Of Nosy Questions,
2020
Indiana University Maurer School of Law
The Violence Of Nosy Questions, Jeannine Bell
Articles by Maurer Faculty
This Essay examines a little-studied aspect of police procedure: police officers’ unfettered power to ask questions of motorists. The questions officers ask after they have stopped a car can run the gamut from questions about the nature of the motorist’s travel plans to nosy personal questions. Such questions are often intrusive, and drivers report feeling degraded by having to answer them. This Essay argues that these questions should be regulated because giving officers complete control over what they ask motorists provides a significant space for racial discrimination in policing, creates resentment, and encourages minorities to distrust the police.
Pencemaran Nama Baik Dan Penghinaan Melalui Media Teknologi Informasi Komunikasi Di Indonesia Pasca Amandemen Uu Ite,
2020
University of Surabaya
Pencemaran Nama Baik Dan Penghinaan Melalui Media Teknologi Informasi Komunikasi Di Indonesia Pasca Amandemen Uu Ite, Anton Hendrik Samudra
Jurnal Hukum & Pembangunan
The amendment of the ITE Law is conducted to provide better legal certainty. This is an effort to respond to society development and aims to provide better legal protection and justice. The implementation of freedom of expression in the media of Information Communication Technology (ICT) affecting the number of defamation. With the amendment of ITE law, it is necessary to examine the nature of defamation offense and libel through ICT media.
Peran Dan Fungsi Notaris Dalam Pembuatan Kontrak Bagi Hasil Minyak Dan Gas Bumi Di Indonesia,
2020
University of Syiah Kuala
Peran Dan Fungsi Notaris Dalam Pembuatan Kontrak Bagi Hasil Minyak Dan Gas Bumi Di Indonesia, Zakia Vonna, Sri Walny Rahayu, M. Nur
Jurnal Hukum & Pembangunan
This article describes contract as one of the essential elements in commercial law, one of which is the oil and gas sector. Therefore, in drafting the contract in the sector, requirements set in prevailing laws and regulation need to be met. In practice, notaries are often involved as public officials in the process of contract drafting in accordance with Article 15 of Law No 2 of 2014 regarding the amendment for Law No 30 of 2004 regarding the Legal Constitution of Notary Public Profession, because they are state officials who are authorized to draft and ratify contracts. This research was …
