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Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law, Brian Fussell Jr. 2020 Mercer University School of Law

Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law, Brian Fussell Jr.

Mercer Law Review

Alcohol and criminal behavior often accompany each other as anyone with any experience with the justice system (or intoxicated people in general) can attest to. A significant percentage of the population would probably say their worst decisions and mistakes came about while under the influence of booze or other intoxicants, and crime statistics would back this up. Alcohol-related crime statistics in the United States compiled by AlcoRehab show around 500,000 cases of alcohol related violence every year and also demonstrate that an incredible 86% of homicides and 60% of sexual abuse or rape cases were committed under the influence of …


Foreword, Syndie G. E. Molina 2020 Touro Law Center

Foreword, Syndie G. E. Molina

Journal of Race, Gender, and Ethnicity

No abstract provided.


Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington 2020 Touro Law Center

Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington

Journal of Race, Gender, and Ethnicity

No abstract provided.


Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau 2020 Touro Law Center

Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa 2020 Touro Law Center

The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa

Journal of Race, Gender, and Ethnicity

No abstract provided.


Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza 2020 Touro Law Center

Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza

Journal of Race, Gender, and Ethnicity

No abstract provided.


Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad 2020 Touro Law Center

Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad

Journal of Race, Gender, and Ethnicity

No abstract provided.


As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo 2020 Touro Law Center

As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright 2020 Touro Law Center

The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman 2020 Touro Law Center

The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster 2020 Northwestern Pritzker School of Law

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …


Federal Detention And “Wild Facts” During The Covid-19 Pandemic, Gabriel A. Fuentes 2020 Northwestern Pritzker School of Law

Federal Detention And “Wild Facts” During The Covid-19 Pandemic, Gabriel A. Fuentes

Journal of Criminal Law and Criminology

No abstract provided.


Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg 2020 Northwestern Pritzker School of Law

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Journal of Criminal Law and Criminology

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to …


Family Separation Under The Trump Administration: Applying An International Criminal Law Framework, Reilly Frye 2020 Northwestern Pritzker School of Law

Family Separation Under The Trump Administration: Applying An International Criminal Law Framework, Reilly Frye

Journal of Criminal Law and Criminology

In April 2018, former Attorney General Jeff Sessions announced the “Zero Tolerance Policy.” The policy significantly increased criminal prosecution of immigrants entering the United States without inspection. Increased adult prosecution directly led to family separation. Parents were sent to federal jail and their children went to the Office of Refugee Resettlement. Neither institution communicated with the other, and the United States government lost track of parents and children. The government separated nearly 3,000 children from their parents, going as far as deporting over 400 parents to their countries of origin while their children remained in the United States. Many of …


Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez 2020 University of Connecticut

Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez

Faculty Articles and Papers

Responding to Gabriel Mendlow, Why Is it Wrong To Punish Thought?, 127 YALE L. J. 2342 (2018).


Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly 2020 The University of Texas at Tyler

Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly

Criminal Justice Faculty Publications and Presentations

Using a survey of police officers (n=1080) in a southern state of the USA, this study examines how overall performance is influenced by organizational fairness and prior disciplinary actions. In particular, this study focuses on the relationship between organizational treatment and officers’ self-acknowledged engagement in more innocuous forms of negative workrelated behaviors, general task performance, and extra-role behaviors. Results suggest prior disciplinary actions and organizational treatment are related to officer performance. Our findings highlight fair treatment’s relationship to enhanced prosocial activities and reduced negative work behaviors. Of importance to police administrators, police officers’ fairness perceptions of the police organization appear …


The Role Of Intent In The Rise Of Individual Accountability In Aml-Bsa Enforcement Actions, Tyler Halloran 2020 J.D. Candidate, Fordham University School of Law, May 2020

The Role Of Intent In The Rise Of Individual Accountability In Aml-Bsa Enforcement Actions, Tyler Halloran

Fordham Journal of Corporate & Financial Law

The statutory framework which prohibits individuals at financial institutions from engaging in money laundering attributes criminal or civil liability on the basis of an individual’s culpability with respect to the prohibited conduct. A recent Department of Justice policy shift has begun to place a greater focus on the prosecution of individuals within corporations. This shift has led to increased prosecutions of compliance personnel and bank officials in recent years.

Through analysis of recent cases, this Note seeks to explore how the requirement of intentional and/or willful conduct defines the potential for criminal and/or civil exposure for compliance personnel and bank …


Flesh Markets: Sex Trafficking, Opioids, And The Legal Process To Eradicate The Demand, Blanche Cook 2020 University of Kentucky

Flesh Markets: Sex Trafficking, Opioids, And The Legal Process To Eradicate The Demand, Blanche Cook

Law Faculty Scholarly Articles

On February 5, 2021, the University of Kentucky J. David Rosenberg College of Law, grateful steward of the community it serves, held a symposium for students, practitioners, stakeholders, and the public. The symposium, the first of its kind, examined the converging and rising tides of sex trafficking vulnerability and opioid dependency. The Kentucky Law Journal and the University of Kentucky Department of Gender and Women's Studies sponsored the symposium.

In order to provide necessary context, the following introduction briefly outlines sex trafficking and is followed by an overview of the symposium. For a more detailed review of the generous expertise …


Eliminating The Criminal Debt Exception For Debtors' Prison, Cortney E. Lollar 2020 University of Kentucky

Eliminating The Criminal Debt Exception For Debtors' Prison, Cortney E. Lollar

Law Faculty Scholarly Articles

Although the exact number is unknown due to poor documentation, the data available suggests nearly a quarter of the current incarcerated population is detained due to a failure to pay their legal financial obligations. In federal courts alone, the amount of criminal legal debt owed to the U.S. government in fiscal year 2017 totaled more than $27 billion, and to third parties, more than $96 billion, not including interest. In 2004, approximately sixty-six percent of all prison inmates were assessed a fine or fee as part of their criminal sentence.4 Not surprisingly, legal financial obligations disproportionately impact poor defendants and …


Innocent Juvenile Confessions, Seth P. Waxman 2020 Northwestern Pritzker School of Law

Innocent Juvenile Confessions, Seth P. Waxman

Journal of Criminal Law and Criminology

No abstract provided.


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