Volume 4 Issue 2 (Complete Spring 2017),
2017
david cook
Volume 4 Issue 2 (Complete Spring 2017), David J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown
Lincoln Memorial University Law Review Archive
A complete version of LMU Law Review Volume Issue 2 for Spring 2017.
Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs,
2017
Lincoln Memorial University
Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown
Lincoln Memorial University Law Review Archive
The purpose of this paper is to provide a high-level survey of our nation’s prohibition policies within the context of the costs of the law enforcement efforts upholding those policies. The discussion will offer a cursory review of the economic expense of the war on drugs with tangential coverage of the constitutional, institutional and intangible expenses that are inseparable from an assessment of the costs of America’s drug control efforts. Part I provides a historical review of illicit drug use in the United States, while Part II supplies the evolution of the country’s efforts to codify its drug control policies. …
An Analysis Of State Statutes On Capital Juror Disqualification And A Proposal For An Exploratory Statute,
2017
Sam Houston State University
An Analysis Of State Statutes On Capital Juror Disqualification And A Proposal For An Exploratory Statute, Alexander H. Updegrove, Rolando V. Delcarmen
Journal of Criminal Justice and Law
Despite increasing unease with the death penalty in the United States, many states continue to conduct capital trials purged of jurors categorically opposed to the death penalty. Death-qualified juries are of great concern because they are more likely to convict and sentence a defendant to death. An analysis of capital juror disqualification criteria in state statutes reveals states heavily emphasize disqualifying prospective jurors who oppose the death penalty, but devote scarce attention to addressing procedures for disqualifying prospective jurors with pro-prosecution and pro-death biases. Roughly half of the states where capital punishment remains legal do not have statutes specifically addressing …
Discourses Of Death: The Influence Of Language On Capital Jurors’ Decisions.,
2017
Marshall University
Discourses Of Death: The Influence Of Language On Capital Jurors’ Decisions., Robin Conley-Riner
Journal of Criminal Justice and Law
This paper explores the role that language plays in capital jurors’ sentencing decisions. The research is based on ethnographic fieldwork in Texas death penalty trials, which included post-verdict interviews with jurors who served on those trials. A comparative linguistic analysis was conducted in which the language used in trial, including attorneys’ and judges’ talk in court and jurors’ written instructions, was compared with the language of jurors’ post-verdict interview responses. The paper explores how jurors negotiated the moral difficulty of sentencing another human being to death. The analysis reveals that jurors used language modeled for them in trial as a …
Book Review: “Stop And Frisk: The Use And Abuse Of A Controversial Police Tactic” By Michael D. White And Henry F. Fradella,
2017
University of Houston - Downtown
Book Review: “Stop And Frisk: The Use And Abuse Of A Controversial Police Tactic” By Michael D. White And Henry F. Fradella, Barbara Belbot
Journal of Criminal Justice and Law
No abstract provided.
The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia,
2017
University of Washington School of Law
The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page
Washington International Law Journal
“Neurolaw” is the emerging field of Law and Neuroscience that has the potential to lend insight into an offender’s mental state and influence criminal responsibility. In New South Wales, Australia, courts allow neuroscientific evidence of an offender’s cognitive impairment as a consideration in sentencing proceedings. In this comment, I discuss the discretionary nature of New South Wales’ sentencing regime and the limitations of how neuroscience may be utilized within that regime. Although neuroscientists can address the association of an offender’s cognitive impairment with the commission of a crime, they cannot identify, with certainty, a causal relationship. I analyze an original …
The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism,
2017
University of Maryland Francis King Carey School of Law
The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer
Maryland Law Review
No abstract provided.
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence,
2017
University of Maryland Francis King Carey School of Law
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Maryland Law Review
No abstract provided.
Aba Criminal Justice Section Task Force On College Due Process Rights And Victim Protections: Recommendations For Colleges And Universities In Resolving Allegations Of Campus Sexual Misconduct,
2017
National Co-Chair White Collar, Internal Investigations & False Claims Team, Seyfarth Shaw LLP
Aba Criminal Justice Section Task Force On College Due Process Rights And Victim Protections: Recommendations For Colleges And Universities In Resolving Allegations Of Campus Sexual Misconduct, Brenda V. Smith, Andrew S. Boutros, Tamara Rice Lave, Pamela J. Bernard, Caroline Bettinger-Lopez, Robert M. Cary, Laura L. Dunn, Cynthia P. Garrett, Marcos E. Hasbun, Janet P. Judge, Bridget M. Maricich, Robin Rachel Runge, Lauren Schoenthaler, Mary P. Koss, Elise Lopez, Patrice Payne
Scholarly Articles in Law Reviews & Journals
The Executive Committee of the ABA Criminal Justice Section commissioned the Task Force on College Due Process Rights and Victim Protections in November 2016. Immediately after, extensive efforts were made to find members that represented all interested parties: victims, the accused, universities, other stakeholders, and national experts. The Task Force was fully constituted in the winter of 2017, and it ended up including two voting members who were originally liaisons from the ABA Commission on Domestic and Sexual Violence and the ABA Section of Civil Rights and Social Justice. This elevation was made in recognition of their significant contributions.
In Their Defense: Conflict Between The Criminal Defendant’S Right To Counsel Of Choice And The Right To Appointed Counsel,
2017
Washington and Lee University School of Law
In Their Defense: Conflict Between The Criminal Defendant’S Right To Counsel Of Choice And The Right To Appointed Counsel, Kit Thomas
Washington and Lee Law Review
No abstract provided.
Pre- And Post- Conviction Dna Collection Laws In The United States: An Analysis Of Proposed Model Statutes,
2017
Sam Houston State University
Pre- And Post- Conviction Dna Collection Laws In The United States: An Analysis Of Proposed Model Statutes, Xiaochen Hu, Mai E. Naito, Rolando V. Del Carmen
Journal of Criminal Justice and Law
DNA is one of the most powerful molecular tools being widely used in criminal investigations today. Pre- and post-conviction DNA collection laws govern when DNA must be collected, where it is stored, and who has access to the information. Currently, all fifty states have post-conviction DNA collection laws, but only thirty states have enacted pre-conviction DNA collection laws. Details of the procedures and requirements in state statutes vary by state. This study analyzes the current statutes to identify strengths and weaknesses and propose a model statute to standardize DNA collection laws nationwide. By using Herbert Packer’s two models for criminal …
Illegal Marijuana Cultivation On Public Lands: Our Federalism On A Very Bad Trip,
2017
Georgetown University Law Center
Illegal Marijuana Cultivation On Public Lands: Our Federalism On A Very Bad Trip, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Fueled by increasing demand for marijuana, illegal cultivation of the drug on public lands is causing massive environmental harm. The federal government lacks the resources to wage what would be a difficult and costly campaign to eradicate these illegal grow sites and instead focuses its limited resources on enforcing the federal marijuana ban. Marijuana decriminalization might allow legally grown marijuana to squeeze out its illegal counterpart, but the political likelihood of decriminalization is low. The key is reducing demand for the illegal drug by changing public buying preferences. However, doing this depends on an available legal alternative. This Article discusses …
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017),
2017
Nevada Law Journal
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez
Nevada Supreme Court Summaries
NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.
The Impact Of Incarceration And Societal Reintegration On Mental Health,
2017
California State University, San Bernardino
The Impact Of Incarceration And Societal Reintegration On Mental Health, Veronica Wicks
Electronic Theses, Projects, and Dissertations
The purpose of this study was to examine ex-offender’s beliefs on the impact of incarceration and societal reintegration on mental health. The study is a qualitative design using interviews that were audio recorded and transcribed for analysis. The study sought to address the relationship between perceptions of mental health and experiences of incarceration and reintegration among formerly incarcerated individuals. The following themes emerged from participant responses: incarceration challenges, mental health stigma, and rehabilitation service accessibility. The findings of this study may contribute to social work practice by providing awareness to the factors impacting ex-offenders’ mental health and interventions needed. The …
Pro-Prosecution Doctrinal Drift In Criminal Sentencing,
2017
Northwestern University Pritzker School of Law
Pro-Prosecution Doctrinal Drift In Criminal Sentencing, Margaret Truesdale
Northwestern University Law Review
Federal criminal sentencing doctrine is growing increasingly favorable to the prosecution. This Note identifies two factors that contribute to this “doctrinal drift.” First, district courts rarely issue written opinions in the sentencing context. Second, prosecutors, unlike defense attorneys, can strategically forego appeal in an individual case to avoid the risk that the lower court’s pro-defense reasoning will be affirmed and become binding precedent. In fact, 99% of all appeals of sentencing decisions are defense appeals. When defendants appeal pro-prosecution lower court decisions, the appellate court usually affirms, in part due to deference. The result is a one-sided body of case …
Do Muddy Waters Shift Burdens?,
2017
University of Maryland Francis King Carey School of Law
Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst
Maryland Law Review
No abstract provided.
Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context,
2017
University of Maryland Francis King Carey School of Law
Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe
Maryland Law Review
No abstract provided.
Is Restorative Justice Doing Enough To Address The Power Imbalances Caused By Systems Of Privilege And Oppression,
2017
SIT Graduate Institute
Is Restorative Justice Doing Enough To Address The Power Imbalances Caused By Systems Of Privilege And Oppression, Matthew Furnell
Capstone Collection
Restorative justice is an ever growing philosophy which is causing a paradigm shift in the way society understands and responds to crime, punishment and victimization. The State of Vermont has become a pioneer and an example of how to implement restorative practices into the official criminal justice system, developing an alternative process to traditional punitive approaches. However, it is now more important than ever to ensure that there is not a false sense of success or a level of complacency in the further development of restorative practices. It is time to critically analyse the current restorative process and explore the …
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases,
2017
Georgia State University College of Law
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
Georgia State University Law Review
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts,
2017
Georgia State University College of Law
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Georgia State University Law Review
Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …
