From Poverty To Personhood: Gideon Unchained,
2019
Mitchell Hamline School of Law
From Poverty To Personhood: Gideon Unchained, Ken Strutin
Mitchell Hamline Law Review
No abstract provided.
Civil Disobedience: A Constitutional Alternative To Injustice,
2019
Mitchell Hamline School of Law
Civil Disobedience: A Constitutional Alternative To Injustice, Samuel H.J. Schultz
Mitchell Hamline Law Review
No abstract provided.
Raising The Cost Of Using Title Iii Wiretap Evidence,
2019
Mitchell Hamline School of Law
Raising The Cost Of Using Title Iii Wiretap Evidence, Derik T. Fettig
Mitchell Hamline Law Review
No abstract provided.
Identifying A Proper Analytical Framework: Claims Of Admission Of Inadmissible Evidence As Prosecutorial Misconduct,
2019
Mitchell Hamline School of Law
Identifying A Proper Analytical Framework: Claims Of Admission Of Inadmissible Evidence As Prosecutorial Misconduct, Nicholas A. Hydukovich
Mitchell Hamline Law Review
No abstract provided.
The Criminal Continues To Go Free When The Constable Blunders: Testing The Boundaries Of Curtilage—State V. Chute, 908 N.W.2d 578 (Minn. 2018),
2019
Mitchell Hamline School of Law
The Criminal Continues To Go Free When The Constable Blunders: Testing The Boundaries Of Curtilage—State V. Chute, 908 N.W.2d 578 (Minn. 2018), Akina Khan
Mitchell Hamline Law Review
No abstract provided.
Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition,
2019
Mitchell Hamline School of Law
Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition, Robert H. Ambrose
Mitchell Hamline Law Review
No abstract provided.
Advocating At The Intersection Of Law, Science, And Culture Change: Options For Changing Minnesota's Statute Of Limitations For Criminal Sexual Conduct Felonies,
2019
Mitchell Hamline School of Law
Advocating At The Intersection Of Law, Science, And Culture Change: Options For Changing Minnesota's Statute Of Limitations For Criminal Sexual Conduct Felonies, Caroline Palmer
Mitchell Hamline Law Review
No abstract provided.
Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting,
2019
Mitchell Hamline School of Law
Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich
Mitchell Hamline Law Review
No abstract provided.
Convicting Juveniles To Life Without Parole,
2019
Mitchell Hamline School of Law
Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger
Mitchell Hamline Law Review
No abstract provided.
Mass Parental Incarceration And Sentencing Reform In Minnesota,
2019
Mitchell Hamline School of Law
Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock
Mitchell Hamline Law Review
No abstract provided.
Virtual Hearings And Blockchain Technology Solutions In Criminal Law,
2019
Bemidji State University
Virtual Hearings And Blockchain Technology Solutions In Criminal Law, Chantell Bergquist
Political Science Theses and Capstones
Technology has evolved and raided our personal and professional lives. Although the courts are not immune to the advancement and integration of technology, the courts are not keeping up with relevant technological advancements. Historically, courts have been hesitant to embrace new technologies despite the Federal Rules of Civil Procedure and the American Bar Association Model Rules of Professional Conduct. Rule 1 of the Federal Rules of Civil Procedure creates the right to a “just, speedy, and inexpensive determination of every action and proceeding.” Likewise, the American Bar Association Model Rules of Professional Conduct have determined attorneys must “keep abreast of …
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings,
2019
Penn State Dickinson Law
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry
Dickinson Law Review (2017-Present)
The U.S. Constitution grants American citizens numerous Due Process rights; but, historically, the Supreme Court declined to extend these Due Process rights to children. Initially, common-law courts treated child offenders over the age of seven in the same manner as adult criminals. At the start of the 20th century, though, juvenile reformers assisted in creating unique juvenile courts that used the parens patriae doctrine and viewed children as delinquent youths in need of judicial parental guidance rather than punishment. Later, starting in 1967, the Supreme Court released multiple opinions extending certain constitutional Due Process rights to children in juvenile delinquency …
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death,
2019
Penn State Dickinson Law
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Dickinson Law Review (2017-Present)
Following its decision in Furman v. Georgia, the Supreme Court of the United States has attempted to standardize procedures that states use to subject offenders to the ultimate penalty. In practice, this attempt at standardization has divided capital sentencing into two distinct parts: the death eligibility decision and the death selection decision. The eligibility decision addresses whether the sentencer may impose the death penalty, while the selection decision determines who among that limited subset of eligible offenders is sentenced to death. In Ring v. Arizona, the Court held for the first time that the Sixth Amendment right to …
Where The Constitution Falls Short: Confession Admissibility And Police Regulation,
2019
Penn State Dickinson Law
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Dickinson Law Review (2017-Present)
A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by …
The Effect Media Has On Juror Bias,
2019
Pace University
The Effect Media Has On Juror Bias, Tia Fasano
Honors College Theses
The purpose of the study was to illustrate the problems associated with juror bias and how the media contributes to it. The way the media portrays individuals, the language they use, and the pictures seen as affecting potential jurors when they determine verdicts of the people they hear about on the news. The study further investigates whether or not these jurors are influenced enough by the media to cause a bias detrimental to the defendant. The design of the study used multiple peer-reviewed sources, documentaries, and semi-structured interviews. Through these, information was gathered and analyzed. I found through the interviews …
Defending White Space,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Defending White Space, Addie C. Rolnick
Scholarly Works
Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions—ranging from body cameras to greater federal oversight to anti-bias training for police—likewise focus on violence as a problem of policing. Amid this national conversation, however, insufficient attention has been paid to private violence. This Article examines the relationship between race, self-defense laws, and modern residential segregation. The goal is to sketch the contours of an important but undertheorized relationship between residential segregation, private violence, and state criminal law. By describing the interplay between residential segregation and modern self-defense law, this Article reveals how criminal …
Incapacitating Errors: Sentencing And The Science Of Change,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Incapacitating Errors: Sentencing And The Science Of Change, M. Eve Hanan
Scholarly Works
Despite widespread support for shifting sentencing policy from “tough on crime” to “smart on crime,” reflected in legislation like the federal First Step Act, the scope of criminal justice reform has been limited. We continue to engage in practices that permanently incapacitate people while carving out only limited niches of sentencing reform for special groups like first-time nonviolent offenders and adolescents. We cannot, however, be “smart on crime” without a theory of punishment that supports second chances for the broadest range of people convicted of crimes.
This Article posits that the cultural belief that adults do not change poses a …
Global Carceral Feminism And Domestic Violence: What The West Can Learn From Reconciliation In Uganda,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Global Carceral Feminism And Domestic Violence: What The West Can Learn From Reconciliation In Uganda, Aparna Polavarapu
Scholarly Works
Around the world, policies and laws emphasizing criminal justice have dominated domestic violence interventions for decades. In the United States, certain feminist advocates worked with state actors to develop a primarily criminal justice response to domestic violence. Western influence in the international human rights movement has spread this approach around the world, leading it to become the key means of addressing violence against women. However, critics argue that the overreliance on the criminal justice system is a key failure of the anti-domestic-violence movement, with some referring to the strain of feminism promoting prosecution as "carceral feminism. " The carceral approach …
Crime And Punishment In Gold Country: A Historical Case-Study,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Crime And Punishment In Gold Country: A Historical Case-Study, Lawrence M. Friedman, Shih-Chun Chien
Scholarly Works
No abstract provided.
Functional Equivalence And Residual Rights Post-Carpenter: Framing A Test Consistent With Precedent And Original Meaning,
2019
Georgetown University Law Center
Functional Equivalence And Residual Rights Post-Carpenter: Framing A Test Consistent With Precedent And Original Meaning, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The Carpenter Court held that warrantless access to seven or more days of cell site location information (CSLI) constitutes a violation of the reasonable expectation of privacy that individuals have in the whole of their physical movements. But the grounds on which the Court drew a line characterize all sorts of digital records—including those at issue in Miller and Smith, belying the majority’s claim that the decision leaves third-party doctrine intact. Instead of avoiding Katz’s pitfalls, moreover, the Court emphasized voluntary assumption of risk, doubling down on the subjective nature of judicial determination. The decision will likely lead to …
