Thoughts On Zaibert's Rethinking,
2019
Brooklyn Law School
Thoughts On Zaibert's Rethinking, Michael Cahill
Faculty Scholarship
No abstract provided.
Driving The Drug War: Difficulties With Proper Detection Of Thc And Measurement Of Marijuana Intoxication For The Purposes Of Dui Prosecution,
2019
University of Connecticut
Driving The Drug War: Difficulties With Proper Detection Of Thc And Measurement Of Marijuana Intoxication For The Purposes Of Dui Prosecution, Sage La Rue Zitzkat
Dissertations and Honors Papers
No abstract provided.
From The Editor-In-Chief,
2019
American University Washington College of Law
From The Editor-In-Chief, Lisa Sendrow
Criminal Law Practitioner
No abstract provided.
Punished For Poverty,
2019
University of Mississippi
Junk Tales: Incorporating Drug Addicts' Narratives In Law School Courses,
2019
Georgetown University
Junk Tales: Incorporating Drug Addicts' Narratives In Law School Courses, Sara Schotland
Criminal Law Practitioner
No abstract provided.
Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims,
2019
Texas Tech University
Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock
Criminal Law Practitioner
No abstract provided.
The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case,
2019
Fifth District of Florida
The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak
Criminal Law Practitioner
No abstract provided.
Sustainable Development Arrested By U.S. Criminal Law,
2019
Suffolk University Law School
Sustainable Development Arrested By U.S. Criminal Law, Steven Ferrey
American University Law Review
No abstract provided.
A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders,
2019
Swinburne University, Melbourne
A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf
South Carolina Law Review
No abstract provided.
Remedying Cursory Police Investigation Of Sexual Assault And The False Reporting Charges That Result,
2019
Valparaiso University
Remedying Cursory Police Investigation Of Sexual Assault And The False Reporting Charges That Result, Kelsie Plesac
Valparaiso University Law Review
No abstract provided.
Jury Sentencing In The United States: The Antithesis Of The Rule Of Law,
2019
Mitchell Hamline School of Law
Jury Sentencing In The United States: The Antithesis Of The Rule Of Law, Maryann Grover
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Between Brady Discretion And Brady Misconduct,
2019
Elisabeth Haub School of Law at Pace University
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because the …
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law,
2019
University of Mississippi School of Law
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, Antonia Eliason, Robert Howse
Michigan Journal of International Law
Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers …
From Aspirational To Prescriptive Capacity Building: Post-Conflict States, Rule Of Law, And Hybrid International Justice,
2019
University of Colorado Law School
From Aspirational To Prescriptive Capacity Building: Post-Conflict States, Rule Of Law, And Hybrid International Justice, Daimeon Dean Shanks
University of Colorado Law Review
Mass-atrocity crimes present unique accountability challenges, challenges that are often exacerbated by the social and political conditions that facilitated the commitment of the crimes in the first place. International accountability mechanisms were developed to address these obstacles by providing a means of holding individuals accountable for international crimes when their host states were incapable of doing so or unwilling to do so. The first iteration of these tribunals, the international military tribunals, gained prominence following World War II, and a second-generation of non-military international tribunals were created in response to the mass atrocities committed in the former Yugoslavia and Rwanda. …
Reimagining Prosecution: In Search Of The True Progressive,
2019
American University Washington College of Law
Reimagining Prosecution: In Search Of The True Progressive, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
Prosecutors are the most powerful officials in the criminal justice system. At least ninety percent of all criminal cases are prosecuted on the state level, and in all but five jurisdictions, the chief prosecutor (also known as the district attorney) is an elected official. Most district attorneys run unopposed and serve for decades. However, in recent years, a number of incumbent district attorneys have been challenged and defeated by individuals who pledged to use their power and discretion to reduce the incarceration rate and eliminate unwarranted racial disparities in the criminal justice system. These so-called “progressive prosecutors” have enjoyed some …
Arrests As Guilt,
2019
Brooklyn Law School
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing,
2019
Brooklyn Law School
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts
Faculty Scholarship
No abstract provided.
Marijuana Legalization, Racial Disparity, And The Hope For Reform,
2019
University of the Pacific McGeorge School of Law
Marijuana Legalization, Racial Disparity, And The Hope For Reform, Michael Vitiello
Lewis & Clark Law Review
The criminalization of marijuana is rooted in a deeply racist history and has devastated minority communities. Studies show that usage of the drug is consistent across racial groups, but arrests of minorities are nevertheless higher than arrests of white offenders. Indeed, those kinds of disparities have persuaded some voters and policy makers to support legalization of marijuana.
California’s initiative, Proposition 64, passed in November 2016 and is now being implemented statewide. Drafters of Proposition 64 were aware of the racial disparity in enforcement of marijuana laws and attempted to offer a remedy. This Article asks whether Proposition 64 can achieve …
If It Looks Like A Duck: Equal Protection, Selective Prosecution, And Geographic Differences In The Federal Prosecution Of Marijuana Crimes Under The Controlled Substances Act,
2019
Lewis & Clark Law School
If It Looks Like A Duck: Equal Protection, Selective Prosecution, And Geographic Differences In The Federal Prosecution Of Marijuana Crimes Under The Controlled Substances Act, Zachary Nelson
Lewis & Clark Law Review
State legalization of marijuana for medical purposes has skyrocketed since California first authorized medical marijuana in 1996. Today, citizens in 33 states can use marijuana for medical purposes. While each state maintains distinct regulatory systems and eligibility requirements, the core result of these state medical marijuana programs is that citizens in 33 states can lawfully possess and use marijuana. Yet federal law makes any use of marijuana illegal under the Controlled Substances Act (CSA). Through the Supremacy Clause, this illegality is controlling and preemptive in every state; that is, even if a state makes marijuana legal for certain purposes, an …
A New Era In Juvenile Sentencing: Why Montgomery, Adolescent Neuroscience, And A Shift In The National Conversation Point Toward A Need For Measure 11 Reform,
2019
Lewis & Clark Law School
A New Era In Juvenile Sentencing: Why Montgomery, Adolescent Neuroscience, And A Shift In The National Conversation Point Toward A Need For Measure 11 Reform, Joshua Olmsted
Lewis & Clark Law Review
In 1994, Oregon voters passed Ballot Measure 11, a mandatory minimum sentencing scheme that imposes long inflexible sentences for a plethora of serious crimes. In addition to establishing mandatory minimum sentences, Measure 11 dramatically re-shaped the landscape of the juvenile justice system by mandating transfer to adult court for youth between 15 and 17 years old, charged with any Measure 11 offense, even if they are eventually convicted of a lesser offense. In recent years, there has been a push to rethink the way that we evaluate and treat juvenile offenders. Evolving Supreme Court jurisprudence, along with new research into …
