Let Us Live With All The People,
2016
Distinguished Jurist in Residence, Roger Williams University School of Law
Let Us Live With All The People, Judith C. Savage
Roger Williams University Law Review
No abstract provided.
A Matter Of Balance: Mathews V. Eldridge Provides The Procedural Fairness Rhode Island's Judiciary Desperately Needs,
2016
J.D. Roger Williams University School of Law, 2016
A Matter Of Balance: Mathews V. Eldridge Provides The Procedural Fairness Rhode Island's Judiciary Desperately Needs, Brett Beaubien
Roger Williams University Law Review
No abstract provided.
Between A Constitutional Rock And A Procedural Hard Place: Placing Petitioners In An Eighth Amendment Battle Of Persuasion,
2016
J.D., Roger Williams University School of Law, 2016
Between A Constitutional Rock And A Procedural Hard Place: Placing Petitioners In An Eighth Amendment Battle Of Persuasion, Kelley E. Nobriga
Roger Williams University Law Review
No abstract provided.
Restoring The Character Evidence Rule: Reconsidering Evidence Of Crimes, Wrongs, And Other Acts In Rhode Island,
2016
J.D., Roger Williams University School of Law, 2016
Restoring The Character Evidence Rule: Reconsidering Evidence Of Crimes, Wrongs, And Other Acts In Rhode Island, Edward Pare Iii
Roger Williams University Law Review
No abstract provided.
The Under-Policed,
2016
Brooklyn Law School
Some Skepticism About Criminal Discovery Empiricism,
2016
Brooklyn Law School
Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer
Faculty Scholarship
No abstract provided.
Equality Before The Law? Evaluating Criminal Case Outcomes In Canada,
2016
Osgoode Hall Law School of York University
Equality Before The Law? Evaluating Criminal Case Outcomes In Canada, Michael Trebilcock, Albert Yoon
Osgoode Hall Law Journal
One of our most strongly held ideals is that individuals receive equal treatment under the law. Incidents of wrongful conviction or wide disparities in sentencing, however, challenge this premise. While legal scholars have recently examined this premise, our understanding remains largely normative or anecdotal. Scholars have begun to identify factors that influence legal outcomes, yet this question has remained largely unexplored in Canada. This article seeks to advance this inquiry. Using unique data from both the Ontario courts and Legal Aid Ontario during 2007–2013, we find that outcomes in routine criminal cases vary in ways not summarily explained by differences …
Toward A Civilized System Of Justice: Reconceptualizing The Response To Sexual Violence In Higher Education,
2016
California Western School of Law
Toward A Civilized System Of Justice: Reconceptualizing The Response To Sexual Violence In Higher Education, Hannah Brenner, Kathleen Darcy
Faculty Scholarship
The reporting, investigation, and prevention of sexual violence in settings that are closed off from the greater community and subject to their own laws, rules, norms and biases present special challenges for survivors of sexual violence. This essay builds on our existing scholarship that explores the pervasive problem and exceedingly high incidence of sexual violence perpetrated against women in closed institutional systems like prison, the military, and immigration detention centers. Survivors in these contexts are routinely denied access to justice internally and from the external criminal justice system; they also face major limitations (imposed by both federal law and Supreme …
Cooperating Individual Or Entity: Law Enforcement's Friend In A Time Of Escalating Deficits And Tight Budgets,
2016
Florida A&M University College of Law
Cooperating Individual Or Entity: Law Enforcement's Friend In A Time Of Escalating Deficits And Tight Budgets, Albert F. Tellechea
Florida A & M University Law Review
No abstract provided.
From Jones To Jones: Fifteen Years Of Incoherence In The Constitutional Law Of Sentencing Factfinding,
2016
FAMU College of Law
From Jones To Jones: Fifteen Years Of Incoherence In The Constitutional Law Of Sentencing Factfinding, Benjamin Priester
Journal Publications
For over 15 years, the United States Supreme Court has struggled to define the constitutional constraints upon a ubiquitous practice in contemporary American criminal justice: the exercise of factfinding authority by sentencing judges in the course of determining the specific punishment to be imposed upon an individual convicted of a criminal offense. While the Court has permitted much sentencing factfinding to continue unabated, its decisions have identified certain scenarios in which an offender's constitutional rights are violated when a fact found at sentencing creates particular impacts on the punishment. Unfortunately, from the beginning this new constitutional doctrine in criminal procedure …
The Bumpiness Of Criminal Law,
2016
Brooklyn Law School
Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases,
2016
University of Akron
Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann M. Sahl
Akron Law Faculty Publications
Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those …
The International Reach Of Criminal Copyright Infringement Laws,
2016
Vanderbilt University Law School
The International Reach Of Criminal Copyright Infringement Laws, Sara K. Morgan
Vanderbilt Journal of Transnational Law
Piracy and illegal downloading in the Internet age have been on the forefront of the intellectual property community's mind since the early 2000s. Websites such as The Pirate Bay are often labeled as being leaders in copyright infringement, giving users the ability to illegally download thousands of files. However, there are both jurisdictional and extradition issues with prosecuting the founders of these websites, because The Pirate Bay and many others like it are often based in other countries. Recently, the Stop Online Piracy Act and PROTECT IP Act have stirred up controversy, with many alleging that their international reach went …
Rape Law Revisited,
2016
University of Colorado Law School
Rape Law Revisited, Aya Gruber
Publications
This essay introduces the Ohio State Journal of Criminal Law Symposium, “Rape Law Revisited” (Vol. 13(2)). The Symposium features articles by Deborah Tuerkheimer, Kimberly Ferzan, David Bryden and Erica Madore, Bennett Capers, and Erin Collins. The symposium provides fresh perspectives on the issues surrounding sexual assault law and policy in today’s environment. The introduction notes that the current rape reform redux is not just a rehashing of old arguments, but boasts many new features. Today’s rape activism occurs in a moment when feminist ideas about coerced sex no longer exist at the margins — they govern and enjoy cultural acceptance, …
Zero-Tolerance Comes To International Law,
2016
University of Colorado Law School
Zero-Tolerance Comes To International Law, Aya Gruber
Publications
No abstract provided.
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle,
2016
University of Colorado Law School
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
Publications
No abstract provided.
Guns And Drugs,
2016
University of Colorado Law School
Guns And Drugs, Benjamin Levin
Publications
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women,
2016
Texas A&M University School of Law
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
Faculty Scholarship
Kianga Mweba’s cellphone camera blurs into darkness broken by flashes of lights surrounding her car. From the audio of her cellphone recording, one can hear Kianga Mweba scream as she is pulled out of the car and tased. Mweba, arrested as she filmed the police detaining a man on the street, was charged with attempted assault on an officer. After recovering footage from her phone, her defense attorney produced the video as evidence against the criminal charges. Now the recording is a key piece of evidence in a lawsuit against the department. Mweba’s experience, captured by her cellphone camera, rallied …
A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry,
2016
Texas A&M University School of Law
A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich
Faculty Scholarship
The purpose of this Article is to propose a new federal certificate of rehabilitation program. The creation of such a program not only would help the thousands of federal offenders released back into their communities every year overcome employment barriers but would also serve as a model for states to use in addressing the need of their own burgeoning population of former offenders. In order to understand the magnitude of the problem, it is essential to understand the pool of offenders affected by their criminal history, the intent of the federal agencies to assist this disadvantaged group, and the barriers …
Brain Science And The Theory Of Juvenile Mens Rea,
2016
Texas A&M University School of Law
Brain Science And The Theory Of Juvenile Mens Rea, Jenny E. Carroll
Faculty Scholarship
The law has long recognized the distinction between adults and children. A legally designated age determines who can vote, exercise reproductive rights, voluntarily discontinue their education, buy alcohol or tobacco, marry, drive a car, or obtain a tattoo. The Supreme Court has repeatedly upheld such age-based restrictions, most recently constructing an Eighth Amendment jurisprudence that bars the application of certain penalties to juvenile offenders and a Fourth Amendment jurisprudence that contemplates an adolescent-based standard of reasonableness for the Miranda v. Arizona custody analysis. In the cases of Roper v. Simmons , Graham v. Florida , Miller v. Alabama , and …
