The Left's Law-And-Order Agenda,
2019
University of Colorado Law School
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy,
2019
University of Massachusetts, Amherst
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Law Enforcement In The American Security State,
2019
University of Colorado Law School
Law Enforcement In The American Security State, Wadie E. Said
Publications
This Article documents the evolution of the modem American police state and the symbiotic nature of the relationship between government actors across the three sectors of national security, domestic policing, and immigration enforcement. Policies from one area make their way into the other two, with the net result being that the powers of government actors are increased in all three areas. Critical to this dynamic is the construction of the target in each arena-the terrorist, the criminal, the illegal immigrant-as foreign, whether literally or figuratively. Although these targets are ostensibly limited to those deemed outside the mainstream, the result is …
Two Models For Amending The 'Fleeing Felon' Rule,
2019
William & Mary Law School
Two Models For Amending The 'Fleeing Felon' Rule, Cynthia V. Ward
Faculty Publications
The so-called “fleeing felon” rule instructs courts and law-enforcement personnel about whether, and when, police may use deadly force to stop a suspect who is attempting to escape arrest. At common law, police were allowed to use deadly force when necessary to prevent the escape of a fleeing felon, even if the escapee did not present an imminent threat of violence to the officers or others. By contrast, the right of private citizens to use deadly force against another person is generally restricted to situations involving self-defense—where an innocent person reasonably believes she is facing an imminent threat of death …
Small Crimes, Big Injustices,
2019
United States Court of Appeals for the Third Circuit
Small Crimes, Big Injustices, Stephanos Bibas
Michigan Law Review
Review of Alexandra Natapoff's Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal.
Pleading Guilty To Innocence: How Faulty Field Tests Provide False Evidence Of Guilt,
2019
J.D. 2019, Roger Williams University School of Law
Pleading Guilty To Innocence: How Faulty Field Tests Provide False Evidence Of Guilt, Kaelyn Phelps
Roger Williams University Law Review
No abstract provided.
History Repeats Itself: Some New Faces Behind Sex Trafficking Are More Familiar Than You Think,
2019
The Catholic University of America, Columbus School of Law
History Repeats Itself: Some New Faces Behind Sex Trafficking Are More Familiar Than You Think, Mary Graw Leary
Scholarly Articles
This Essay argues that the historical pattern of businesses that benefit directly or indirectly from the slave trade opposing efforts to end that sale of human beings is repeating itself today. Some tech companies and other members of the digital economy face a perverse motivation: they profit indirectly from online sex trafficking and risk decreased profits from a more regulated Internet. As such, they take on the same role of the cotton and textile merchants of the nineteenth century, arguing for legislative action that will continue to enable the trade and exploitation of human beings, thereby allowing them to retain …
Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment,
2019
University of Baltimore School of Law
Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment, John Bessler
All Faculty Scholarship
This article explores how the death penalty and the indefinite nature of death row in the United States creates a constant threat of death, which can violate the United Nations Convention Against Torture’s prohibitions on death threats.
Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 1,
2019
Yeshiva University, Cardozo School of Law
Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 1, Wesley Caines, Lucy Cutolo, Kendea Johnson
Cardozo Journal of Equal Rights & Social Justice
The symposium examines the long-term effects of involvement in the criminal justice system, focusing on collateral consequences and voter disenfranchisement. It emphasizes the need for both prosecutors and defense attorneys to address these consequences early in criminal cases, as they significantly impact individuals' lives beyond direct legal penalties. The discussion highlights the importance of holistic approaches to mitigate these effects and advocates for systemic changes to reduce disparities and support successful reintegration into society.
Unreasonable Steps: Trying To Make Sense Of R. V. Morrison,
2019
Allard School of Law at the University of British Columbia
Unreasonable Steps: Trying To Make Sense Of R. V. Morrison, Isabel Grant, Janine Benedet
All Faculty Publications
Children and youth routinely have easy, unsupervised access to the internet through smartphones and tablets. This connectivity increases the danger that adults will sexually exploit them. Adult chat rooms, which may require nothing more than a child checking a box indicating that they are over the age of 18, are a common site for such exploitation. In most cases, this behaviour only comes to light when either a parent becomes aware of the activity, or when an in-person sexual offence against a child is detected and the online communications are discovered in the course of the investigation.
Eradicating The Label “Offender” From The Lexicon Of Restorative Practices And Criminal Justice,
2019
Saint Louis University School of Law
Eradicating The Label “Offender” From The Lexicon Of Restorative Practices And Criminal Justice, Lynn S. Branham
All Faculty Scholarship
This Essay enumerates three reasons for abandoning the prevailing practice of utilizing the label “offender” when referring to a person who has committed a crime. The Essay next identifies and debunks reasons that have been cited for persisting in referring to a person as an “offender.” The Essay then explores the question of what term or terms could supplant this label and profiles signs of emerging support for desisting from the convention of calling people “offenders.” One of the themes that permeates this Essay is that the language we use when referring to people can thwart systemic and cultural change …
Democratic Policing Before The Due Process Revolution,
2019
Columbia Law School
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
On Constructing A Knowledge Base Of Chinese Criminal Cases,
2019
Columbia Law School
On Constructing A Knowledge Base Of Chinese Criminal Cases, Xiaohan Wu, Benjamin L. Liebman, Rachel E. Stern, Margaret Roberts, Amarnath Gupta
Faculty Scholarship
We are developing a knowledge base over Chinese judicial decision documents to facilitate landscape analyses of Chinese Criminal Cases. We view judicial decision documents as a mixed-granularity semi-structured text where different levels of the text carry different semantic constructs and entailments.We use a combination of context-sensitive grammar, dependency parsing and discourse analysis to extract a formal and interpretable representation of these documents. Our knowledge base is developed by constructing associations between different elements of these documents. The interpretability is contributed in part by our formal representation of the Chinese criminal laws, also as semi-structured documents. The landscape analyses utilizes these …
How To Get Away With Murder: The “Gay Panic” Defense,
2019
Touro Law Center
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees,
2019
Touro Law Center
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Touro Law Review
No abstract provided.
The Emperor’S New Clothes: An Intersection Of Presidential Immunity And Criminal Accountability,
2019
Touro Law Center
The Emperor’S New Clothes: An Intersection Of Presidential Immunity And Criminal Accountability, Nicholas J. Maggio
Touro Law Review
No abstract provided.
The Inability To Self-Diagnose Bias,
2019
Boston University School of Law
The Inability To Self-Diagnose Bias, Christopher Robertson
Faculty Scholarship
The Constitution guarantees litigants an 'impartial' jury, one that bases its judgment on the evidence presented in the courtroom, untainted by affiliations with the parties, racial animus, or media coverage that may include inadmissible facts, a one-sided portrayal, and naked opinion. Problems of juror bias arise in almost every trial – state and federal, civil and criminal - and the problem is most severe in the highest profile cases, where the need for accuracy and legitimacy in outcomes is most salient.
The Supreme Court has instructed courts to use a simple method to determine whether jurors are biased: ask them. …
The Sanctuary Of Prosecutorial Nullification,
2019
Boston University School of Law
The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed
Faculty Scholarship
In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus.1 Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from sharing information with federal immigration authorities or from cooperating in apprehending individuals targeted for removal. 2 After the White House issued an Executive Order (EO) in late January 2017, many immigrant rights advocates recognized that external facing policies that proscribed direct cooperation would not suffice. 3 The EO announced that Immigration and Customs Enforcement …
Foreign Affairs Prosecutions,
2019
Boston University School of Law
Foreign Affairs Prosecutions, Steven Arrigg Koh
Faculty Scholarship
Contemporary global crime and cross-border law enforcement cooperation have multiplied “foreign affairs prosecutions,” cases that encompass foreign apprehension, evidence gathering, and criminal conduct, as well as cases that implicate foreign nations’ criminal justice interests. Robert Mueller’s Russia investigation, the fugitive Edward Snowden, and the cross-border crimes of FIFA and El Chapo all exemplify such foreign affairs prosecutions. This Article argues that foreign affairs prosecutions represent a consequential shift in U.S. criminal law, offering the promise of closing global impunity gaps. At the same time, however, such cases risk defendant interests at home and U.S. foreign policy abroad. This Article calls …
Mens Rea Reform And Iis Discontents,
2019
Washington University in St. Louis School of Law
Mens Rea Reform And Iis Discontents, Benjamin Levin
Scholarship@WashULaw
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 …
