Murder Most Human: A Case For A Categorical Ban Of Life-Without-Parole Sentences For All Juvenile Offenders With Guidelines For Release Decisions For Former Juvenile Life-Without-Parole Cases.,
2017
BleakHouse Publishing
Murder Most Human: A Case For A Categorical Ban Of Life-Without-Parole Sentences For All Juvenile Offenders With Guidelines For Release Decisions For Former Juvenile Life-Without-Parole Cases., Robert Johnson
Journal of Criminal Justice and Law
Essay.
Robert Johnson, in this essay, makes the case for a ban on life without parole sentences for juvenile offenders.
People V. Marian,
2017
New York Law School, 2017
#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying,
2017
New York Law School, 2015
#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin
NYLS Law Review
No abstract provided.
The Cost Of Comfort: Protecting A Criminal Defendant’S Constitutional Rights When Child Witnesses Request Comfort Accommodations,
2017
New York Law School, 2015
The Cost Of Comfort: Protecting A Criminal Defendant’S Constitutional Rights When Child Witnesses Request Comfort Accommodations, Angela Nascondiglio
NYLS Law Review
No abstract provided.
Ankle Monitors For Everyone: The Plight Of Eyewitness Identifications In Louisiana,
2017
New York Law School, 2016
Ankle Monitors For Everyone: The Plight Of Eyewitness Identifications In Louisiana, Quinn Rapp-Ellis
NYLS Law Review
No abstract provided.
United States V. Ermoian,
2017
New York Law School, 2016
Fifty Years Later: Miranda & The Police,
2017
University of Oklahoma College of Law
Fifty Years Later: Miranda & The Police, Tracy Hresko Pearl
Faculty Articles
This symposium asks us to reflect upon the fifty years after Miranda v. Arizona was handed down and to assess what impact Miranda had on law enforcement in this country. More colloquially, it asks whether, on balance, Miranda has been “good news” or “bad news” for the police. As I began to work on answering this question, however, I was troubled by the assumptions seemingly lurking within that question: (1) the assumption that Miranda has mattered at all to the police, (2) the assumption that it has mattered because it has somehow changed the behavior of police and/or the behavior …
Florida Joins The Fight Against Revenge Porn: Analysis Of Florida’S New Anti-Revenge Porn Law,
2017
Florida International University College of Law
Florida Joins The Fight Against Revenge Porn: Analysis Of Florida’S New Anti-Revenge Porn Law, Diane Bustamante
FIU Law Review
No abstract provided.
People V. Dubarry - An Exploration Into The Complexities Of Charging A Defendant With Both Intentional Murder And Depraved Indifference Murder,
2017
Touro University Jacob D. Fuchsberg Law Center
People V. Dubarry - An Exploration Into The Complexities Of Charging A Defendant With Both Intentional Murder And Depraved Indifference Murder, Arielle Montoro
Touro Law Review
No abstract provided.
The Moral And Economic Advantages Of Raising The Age Of Criminal Responsibility In New York Among Juvenile Offenders, And Plans For Rehabilitation,
2017
Touro University Jacob D. Fuchsberg Law Center
The Moral And Economic Advantages Of Raising The Age Of Criminal Responsibility In New York Among Juvenile Offenders, And Plans For Rehabilitation, Patrick Harty
Touro Law Review
No abstract provided.
Book Review, When Police Kill By Franklin E. Zimring (2017),
2017
Washington and Lee University School of Law
Book Review, When Police Kill By Franklin E. Zimring (2017), Andrew J. Christensen
Library Scholarship
When Police Kill is a must-have for any academic law library collection and a strong candidate for the shelves of government and court libraries. The book is a compelling example of the value of the growing empirical and current-event-analysis trends in legal scholarship, relying on open source statistics, news accounts, and crowdsourced efforts both to inform potentially fraught dialogue and advance new public policy approaches. Research librarians, who may increasingly find themselves tapped to assist with or manage such projects, should look to When Police Kill for information, as well as inspiration, about how a diverse and data-driven study can …
A Contextual Approach To Harmless Error Review,
2017
New York Law School
A Contextual Approach To Harmless Error Review, Justin Murray
Articles & Chapters
Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for this brokenness lies in the dissonance between the reductionism of modern harmless error methodology and the diverse normative ambitions of criminal procedure. Nearly all harmless error rules used by courts today focus exclusively on whether the procedural error under review affected the result of a judicial proceeding. I refer to these rules as “result-based harmlesserror review.” The singular preoccupation of result-based harmless error review with the outputs of criminal processes stands in marked contrast with criminal …
Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence,
2017
The University of Pacific, McGeorge School of Law
Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz
University of the Pacific Law Review
No abstract provided.
The “Big Brother” Effect: The Implications Of The Unanswered Question In United States V. Jones,
2017
The University of Pacific, McGeorge School of Law
The “Big Brother” Effect: The Implications Of The Unanswered Question In United States V. Jones, Heather Phillips
University of the Pacific Law Review
No abstract provided.
Chapter 636: Catching Those Who Fall, An Affirmative Defense For Human Trafficking Victims,
2017
University of the Pacific, McGeorge School of Law
Chapter 636: Catching Those Who Fall, An Affirmative Defense For Human Trafficking Victims, Isabella Blizard
University of the Pacific Law Review
No abstract provided.
Ab 1708: Combating Sex Trafficking By Targeting Prostitution,
2017
University of the Pacific, McGeorge School of Law
Ab 1708: Combating Sex Trafficking By Targeting Prostitution, Hannah Kreuser
University of the Pacific Law Review
No abstract provided.
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases,
2017
St. John's University School of Law
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Faculty Publications
In dealing with the recently publicized instances of police officers' use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police–the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor's office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor's efforts in presenting evidence for an indictment. Still …
Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform,
2017
St. John's University School of Law
Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
We are in an era of “Smart on Crime” sentencing reform. Several states and the federal government have made major changes to their sentencing policies—from reducing the incarceration of low-level, nonviolent drug offenders to the use of evidence-based sentencing to focus the most severe punishments on those who are at the greatest risk of recidivism. Often, today’s reform efforts are spoken about in terms of being fiscally responsible while still controlling crime. Though such reform efforts do not explicitly acknowledge purposes of punishment—such as retribution, incapacitation, rehabilitation, or deterrence—an undercurrent running through all of these reforms is an effort …
Giving Guidance To The Guidelines,
2017
St. John's University School of Law
Giving Guidance To The Guidelines, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
Throughout the country, we are seeing sentencing reform efforts reshape the way resources are being used to control crime and punish offenders. Fueled mostly by the practical challenges of overcrowded prisons and mounting costs, lawmakers have been willing to amend existing law in order to reduce incarceration for low-level, nonviolent offenders. This same effort at being "smart on crime" has been embraced by the federal government as well. While most of these changes are in the form of changes to mandatory minimum laws, the use of evidence-based sentencing practices, and a focus on diversion and re-entry programs, the role …
Dismissals As Justice,
2017
St. John's University School of Law
Dismissals As Justice, Anna Roberts
Faculty Publications
More than a third of our states have given judges a little-known power to dismiss prosecutions, not because of legal or factual insufficiency, but for the sake of justice. Whether phrased as dismissals “in furtherance of justice” or dismissals of de minimis prosecutions, these exercises of judicial power teach two important lessons.
First, judges exercising these dismissals are rebutting the common notion that in the face of over-criminalization and over-incarceration they are powerless to do more than rubber-stamp prosecutorial decision making. In individual cases, they push back against some of the most problematic aspects of our criminal justice system: its …
