What The Saiban-In System Brought From The Perspective Of A Defense Lawyer,
2020
UC Law SF
What The Saiban-In System Brought From The Perspective Of A Defense Lawyer, Megumi Wada
Hastings Journal of Crime and Punishment
No abstract provided.
The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change,
2020
UC Law SF
The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change, Carl F. Goodman
Hastings Journal of Crime and Punishment
No abstract provided.
Lay Judge And Victim Participation In Japan: Japan’S Saiban’In Trial, The Prosecution Review Commission, And The Public Prosecution Of White-Collar Crimes, Hiroshi Fukurai
Hastings Journal of Crime and Punishment
In September 2019, the University of California Hastings Law School hosted a symposium on Japan’s newly instituted public and victim participation systems in the criminal process. This paper addresses themes raised by five scholars' presentations at the symposium, covering the effectiveness and impact of three different newly adopted systems of lay and victim participation in Japan: (1) the new 2009 law of the Prosecution Review Commission (PRC), a Japanese-style “civil grand jury” originally introduced in 1948, which gave the PRC the power to force the prosecution of formerly unindicted cases, thereby challenging and reversing the prosecutor’s original non-prosecution decision; (2) …
The Limits Of Lay Participation Reform In Japanese Criminal Justice,
2020
UC Law SF
The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke
Hastings Journal of Crime and Punishment
No abstract provided.
The Friendly Skies Are Not Always So Friendly,
2020
American University Washington College of Law
The Friendly Skies Are Not Always So Friendly, Rachel Reid
Upper Level Writing Requirement Research Papers
No abstract provided.
Recalibrating Suspicion In An Era Of Hazy Legality,
2020
Seattle University School of Law
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Seattle University Law Review
After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …
The Sativas And Indicas Of Proof: Why The Smell Of Marijuana Should Not Establish Probable Cause For A Warrantless Vehicle Search In Illinois, 53 Uic J. Marshall L. Rev. 187 (2020),
2020
UIC School of Law
The Sativas And Indicas Of Proof: Why The Smell Of Marijuana Should Not Establish Probable Cause For A Warrantless Vehicle Search In Illinois, 53 Uic J. Marshall L. Rev. 187 (2020), Cece White
UIC Law Review
No abstract provided.
Resentencing Juveniles: States’ Implementation Of Miller And Montgomery Through Resentencing Hearings, 53 Uic J. Marshall L. Rev. 311 (2020),
2020
UIC School of Law
Resentencing Juveniles: States’ Implementation Of Miller And Montgomery Through Resentencing Hearings, 53 Uic J. Marshall L. Rev. 311 (2020), Emily Komp
UIC Law Review
No abstract provided.
Conversations On The Warren Court's Impact On Criminal Justice: In Re Gault At 50,
2020
The Catholic University of America, Columbus School of Law
Conversations On The Warren Court's Impact On Criminal Justice: In Re Gault At 50, Cara H. Drinan
Scholarly Articles
This Article examines the Supreme Court’s landmark In re Gault decision of 1967, in which the Supreme Court ushered in the “due process era” of juvenile justice in America by determining that juveniles were entitled to the right to counsel and other procedural safeguards during delinquency proceedings. But this Article continues with a critical focus on the impact of the decision today, examining a dichotomy between what was declared a “revolution in children’s rights,” and how youth in the criminal justice system still have not seen the extent of constitutional protections declared necessary by Gault. Arguing that Gault …
No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship,
2020
Technological University Dublin
No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan
Articles
This article examines the impact of imprisonment on citizenship. It identifies how civil, political and social rights are circumscribed with a sentence of imprisonment, and scrutinizes to what extent citizenship is limited for prisoners. Drawing on recent developments in England and Wales, it contends that citizenship has been eroded, not as a ‘collateral consequence’ of imprisonment, but rather as a determined penal policy. The boundaries of punishment have become blurred, moving from criminal justice institutions, and extending towards what is termed civil and political penality. Finally, it argues that, because citizenship in prison is inevitably framed around the differences between …
The Cyberworld And Human Trafficking: A Double-Edged Sword,
2020
Old Dominion University
The Cyberworld And Human Trafficking: A Double-Edged Sword, Bridget Dukes
Cybersecurity Undergraduate Research Showcase
This report examines the advantages and disadvantages associated with the growth of technology within the United States, specifically how technology, digital literacy, and cybersecurity can be used to both facilitate and combat sex trafficking and sexual exploitation on the Internet. The first part of the report addresses trafficking statistics in the United States, as well as legal intervention the country has taken against this epidemic, including an explanation of the Trafficking Victims Prevention Act and the FOSTA-SESTA bill. The second part of the report addresses the online recruitment of buyers and sellers, as well as how the use of open-source …
See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors,
2020
Barry University
See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross
Faculty Scholarship
No abstract provided.
Preventing Sexual Violence: Alternatives To Worrying About Recidivism,
2020
Mitchell Hamline School of Law
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Faculty Scholarship
How can it be that in the era in which almost one million Americans are on sex offender registries—most of whom are publicly stigmatized on websites, banished from their homes, shunned from their jobs, prevented from uniting with their families and traveling internationally, forced into homelessness, all of which increases their risk for suicide, and shames their spouses and children, even if their offenses occurred long in the past—that the #MeToo movement would explode, revealing widespread sexual misconduct against women, by powerful men, protected by iconic institutions? How can we have had three decades of the most aggressive, “spare-no-expense” laws …
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors,
2020
Benjamin N. Cardozo School of Law
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter
Cardozo Law Review de•novo
This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy,
2020
University of Kentucky
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Theses and Dissertations--Political Science
This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …
Supervised Release Is Not Parole,
2020
Penn State Law
Supervised Release Is Not Parole, Jacob Schuman
Faculty Scholarship
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 …
Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States,
2020
The Chinese University Hong Kong
Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao
Northwestern Journal of Law & Social Policy
On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP …
Growing Up Behind Bars: Pathways To Desistance For Juvenile Lifers,
2020
Marquette University Law School
Growing Up Behind Bars: Pathways To Desistance For Juvenile Lifers, Laura S. Abrams, Kaylyn Canlione, D. Michael Applegarth
Marquette Law Review
In the wake of the landmark Supreme Court decision Miller vs. Alabama, a variety of state laws have paved the way for the resentencing and potential release of “juvenile lifers.” Desistance theories pertaining to youth with histories of violent offending suggest that a blend of maturation, internal motivation and identity shifts, and opportunities to adopt and fulfill adult roles will lead to cessation of criminal behavior. Yet, these theories may not apply to young people serving life sentences, as they have limited opportunity to adopt adult responsibilities while imprisoned, less motivation to desist if freedom is not viewed as attainable …
Violence Risk Assessment: Current Status And Contemporary Issues,
2020
Marquette University Law School
Violence Risk Assessment: Current Status And Contemporary Issues, Sarah L. Desmarais, Samantha A. Zottola
Marquette Law Review
Despite the increased use of violence risk assessment instruments in the criminal justice system, they remain the topic of continued discussion and debate. This Article will discuss the state of science and practice as it relates to assessing risk for violent recidivism, highlighting current issues of concern and empirical investigation. We first provide an overview of violence risk assessment and describe the role of violence risk assessments instruments in this process. We then discuss their current status in science and practice, including the accuracy with which violence risk assessment instruments forecast violent recidivism, their impact on criminal justice decisions, and …
Violent Crime And Media Coverage In One City: A Statistical Snapshot,
2020
Marquette University Law School
Violent Crime And Media Coverage In One City: A Statistical Snapshot, Michael O'Hear
Marquette Law Review
Many commentators have argued that high levels of public fear and anger regarding violent crime result, at least in part, from distorted coverage of crime in the news media. Among other distortions, it is said that the news media devote greatly disproportionate coverage to the most outrageous instances of violent crime, and that the media fail to provide information that would helpfully contextualize the offenses or humanize the perpetrators. In order to test these latter claims, crime stories from a daily newspaper and an Internet news site in one mid-sized city were collected for one year. As expected, in comparison …
