Over-Indebted Criminals In Canada,
2019
Osgoode Hall Law School of York University
Over-Indebted Criminals In Canada, Stephanie Ben-Ishai, Arash Nayerahmadi
Articles & Book Chapters
The criminal justice system often imposes financial, as well as penal, consequences upon offenders. Often these fines and surcharges are levied on those who are least able to bear the cost. This article examines the "justice debt" regime, including the formerly mandatory victim surcharge, to illustrate the ways it interacts with the lives of indigent Canadians. After canvassing American scholarship on the topic, the authors conclude with recommendations on how the problem can be alleviated, and how the topic can be more fully researched in a Canadian context.
Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt,
2019
Claremont Colleges
Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory
Scripps Senior Theses
The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its …
Proceedings Of The Thirteenth International Humanitarian Law Roundtable, Year In Review Lecture,
2019
Washington and Lee University School of Law
Proceedings Of The Thirteenth International Humanitarian Law Roundtable, Year In Review Lecture, Mark A. Drumbl
Scholarly Articles
What I think I’d like to do is tell three stories of three things that did happen in international criminal justice over the past year, and use my time as a vehicle and doorway to think about law and also how law fits in life. One of the themes that I want to evoke through these stories is what I felt is an important vibe in international criminal law enforcement this past year. And it’s the theme of time and age and coming of age.
Incorporating Collateral Consequences Into Criminal Procedure,
2019
University of Richmond - School of Law
Incorporating Collateral Consequences Into Criminal Procedure, Paul T. Crane
Law Faculty Publications
A curious relationship currently exists between collateral consequences and criminal procedures. It is now widely accepted that collateral consequences are an integral component of the American criminal justice system. Such consequences shape the contours of many criminal cases, influencing what charges are brought by the government, the content of plea negotiations, the sentences imposed by trial judges, and the impact of criminal convictions on defendants. Yet, when it comes to the allocation of criminal procedures, collateral consequences continue to be treated as if they are external to the criminal justice process. Specifically, a conviction’s collateral consequences, no matter how severe, …
Jury Sentencing In The United States: The Antithesis Of The Rule Of Law,
2019
University of Richmond - School of Law
Jury Sentencing In The United States: The Antithesis Of The Rule Of Law, Maryann Grover
Law Student Publications
"In his dissent in Glossip v. Gross, Justice Breyer declared that “[t]he arbitrary imposition of punishment is the antithesis of the rule of law.” He went on to assert that, for a defendant, to be sentenced to death was akin to being struck by lightning. Such randomness and arbitrariness in capital sentencing results from the wide discretion granted to sentencing actors, and runs counter to the firmly held belief that every defendant in the criminal justice system deserves fair and just treatment." [..]
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?,
2019
Catholic University of America (Student)
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Catholic University Journal of Law and Technology
The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019,
2019
Roger Williams University
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court,
2019
FAMU College of Law
A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court, Benjamin Priester
Journal Publications
Over many years, the United States Supreme Court has developed an extensive body of precedent interpreting and enforcing the provisions of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures by law enforcement agents conducting criminal investigations. Commonly called the "warrant requirement," one key component of this case law operates to deem some police investigatory techniques to be unconstitutional unless they are conducted pursuant to a search warrant issued in advance by a judge. The terms of the doctrine and its exceptions also authorize other investigatory actions as constitutionally permissible without a search warrant. The …
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women,
2019
Claremont Colleges
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
Scripps Senior Theses
Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.
Harm, Sex, And Consequences,
2019
California Western School of Law
Harm, Sex, And Consequences, I. India Thusi
Faculty Scholarship
At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that "distributive consequentialism, " which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified ft focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or "desert, which are often infected by the judgers' own implicit biases. Distributive …
Is Vagueness Choking The White-Collar Statute?,
2019
University of Houston Law Center
Is Vagueness Choking The White-Collar Statute?, David Kwok
Georgia Law Review
No abstract provided.
Harm, Sex, And Consequences,
2019
Maurer School of Law - Indiana University
Harm, Sex, And Consequences, India Thusi
Articles by Maurer Faculty
At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …
Mens Rea Reform And Its Discontents,
2019
University of Colorado Law School
Mens Rea Reform And Its Discontents, Benjamin Levin
Publications
This Article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms,
2019
Central Washington University
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
All Master's Theses
Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …
The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials,
2019
University of Oklahoma College of Law
The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert
Oklahoma Law Review
No abstract provided.
Grant Of Clemency To Cyntoia Brown Highlights Deep Rooted Social Issues,
2019
FAMU College of Law
Grant Of Clemency To Cyntoia Brown Highlights Deep Rooted Social Issues, Cheryl Page
Journal Publications
Society and our criminal justice system place a value on victims and defendants. We manifest this valuation in how we mete out punishment, how we choose who will be stopped, frisked, searched, arrested, charged, given probation, have charges dismissed and even expunged. We show the worth we place in people by the fact that 95% of elected prosecutors are white males and they have control and say over a jail and prison population that is increasingly People of Color.
The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination,
2019
FAMU College of Law
The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page
Journal Publications
Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …
Cooperative Rape,
2019
J.D., 2017, Florida International University (FIU) College of Law
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota,
2019
Mitchell Hamline School of Law
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression,
2019
Lewis & Clark Law School
Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression, Kelly Muldavin
Lewis & Clark Law Review
The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children …
