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Public Defenders, Local Control, And Brown V. Board Of Education, Russell C. Gabriel 2016 Mercer University School of Law

Public Defenders, Local Control, And Brown V. Board Of Education, Russell C. Gabriel

Mercer Law Review

The topics the Mercer Law Review Symposium addresses-race, history, criminal law, and the South-have a long reach across time, place, and the spectrum of justice. It is both temptingly easy and distressfully complicated to disentangle the strands of the Southern tapestry, woven from past to present. The theory of this Essay is the easy part. Evaluating the correctness of the theory is more complicated. I am indebted to Mercer Law Review for inviting the effort.

When the United States Supreme Court decided Gideon v. Wainright' and told the states that they were required to provide lawyers to poor defendants accused …


America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate 2016 University of Richmond

America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate

Richmond Journal of Law and the Public Interest

Book review of Just Mercy: A Story of Justice and Redemption by Bryan Stevenson.


Foreword: Innocent Until Proven Poor, Sara Zampierin 2016 Southern Poverty Law Center

Foreword: Innocent Until Proven Poor, Sara Zampierin

Michigan Journal of Race and Law

One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.


Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty 2016 Southern Center for Human Rights

Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty

Michigan Journal of Race and Law

The subject of my talk today is how the criminalization of poverty has become normalized in American culture and why you should care.


Justice In The Deep South: Learning From History, Charting Our Future: An Introduction, Sarah Gerwig-Moore 2016 Mercer University School of Law

Justice In The Deep South: Learning From History, Charting Our Future: An Introduction, Sarah Gerwig-Moore

Mercer Law Review

Opinions differ on the principal role of academic institutions. Should Universities be primarily concerned with scholarship and research? With classroom instruction? With producing well-rounded citizens? Mercer University has long been committed to each of these three priorities. Decades before I joined the faculty at Mercer Law School, schools within the University were already working to make public service a priority, in addition to teaching and scholarship.

Following suit, this year's Mercer Law Review Symposium boldly moved to address controversial social justice issues.' The Symposium, "Justice in the Deep South: Learning From History, Charting Our Future," featured a powerful and varied …


Keynote Address, Stephen B. Bright 2016 Mercer University School of Law

Keynote Address, Stephen B. Bright

Mercer Law Review

No abstract provided.


Session Three: Learning From Innovators, 2016 Mercer University School of Law

Session Three: Learning From Innovators

Mercer Law Review

No abstract provided.


Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper 2016 University of Richmond

Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper

Richmond Public Interest Law Review

This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …


America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate 2016 University of Richmond

America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate

Richmond Public Interest Law Review

Book review of Just Mercy: A Story of Justice and Redemption by Bryan Stevenson.


Symposium Transcript: Justice In The Deep South: Learning From History, Charting Our Future, 2016 Mercer University School of Law

Symposium Transcript: Justice In The Deep South: Learning From History, Charting Our Future

Mercer Law Review

No abstract provided.


In Search Of The Beloved Community, Robert L. Rhodes Jr., Tremaine Reese 2016 Mercer University School of Law

In Search Of The Beloved Community, Robert L. Rhodes Jr., Tremaine Reese

Mercer Law Review

This Article describes the process by which the Georgia Appleseed Center for Law & Justice (Georgia Appleseed) has engaged Georgians in crucial conversations about critical issues concerning the relationship among law enforcement officers and the community members they serve. We also discuss how Georgia Appleseed is working to have the content of these conversations foster change to law and policy designed to enhance police community relations.

This is a story half told. As of the date of publication of this Article, the fact-gathering and legal research described below will have been completed and public advocacy for change will have commenced. …


Where Healthcare And Policing Converge: How Georgia Law Promotes Evasion Of Financial Responsibility For Indigent Arrestees' And Municipal Inmates' Medical Care, L. Taylor Hamrick 2016 Mercer University School of Law

Where Healthcare And Policing Converge: How Georgia Law Promotes Evasion Of Financial Responsibility For Indigent Arrestees' And Municipal Inmates' Medical Care, L. Taylor Hamrick

Mercer Law Review

When a law enforcement officer arrests an injured or visibly sick person, the officer typically transports the arrestee directly to a hospital for treatment prior to formal booking in a jail or detention facility. Indeed, convicted inmates, pretrial detainees, and arrestees have a constitutional right to receive necessary medical care while in police custody. However, the United States Supreme Court has distinguished a government's constitutional obligation to provide necessary medical care from a duty to pay for such care.' Instead, the Supreme Court has held that a governmental entity must pay for medical treatment of a person in its custody …


Session One: Learning From Souther History And Culture, 2016 Mercer University School of Law

Session One: Learning From Souther History And Culture

Mercer Law Review

No abstract provided.


Session Two: Learning From Struggles, 2016 Mercer University School of Law

Session Two: Learning From Struggles

Mercer Law Review

No abstract provided.


2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur 2016 University of Richmond

2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur

Richmond Public Interest Law Review

2015 Symposium: Wrongful Convictions: Science, Experience & the Law Keynote Panel Discussion


A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur 2016 University of Richmond

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Public Interest Law Review

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …


Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli 2016 University of Richmond

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Public Interest Law Review

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …


An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos 2016 St. Mary's University

An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos

St. Mary's Journal on Legal Malpractice & Ethics

For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.

Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …


Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli 2016 University of Richmond

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Journal of Law and the Public Interest

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …


The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander 2016 University of Michigan

The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander

Michigan Journal of Race and Law

The unprecedented rise in the number of people held in U.S. jails and prisons has garnered considerable attention from policy makers, activists, and academics alike. Signaled in part by Michelle Alexander’s New York Times bestseller, The New Jim Crow, and the unlikely coalition of activists, policy makers, celebrities, and business leaders on both sides of the political aisle who have pledged to end mass incarceration in our lifetime, the prison system has returned to public policy discourse in a way that was unforeseen less than a decade ago. On any given day in 2014, just over 2.3 million people were …


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