Is America Becoming A Nation Of Ex-Cons?,
2015
Elisabeth Haub School of Law at Pace University
Is America Becoming A Nation Of Ex-Cons?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Recent rates of mass incarceration have become a concern, but those rates are only part of the challenge facing (and posed by) the American criminal justice system. An estimated 25% of the U.S. adult population already has a criminal record and, with new felony convictions churning out at a rate of a million per year, America is well on its way to becoming a nation of ex-cons. Already, the ex-offender class is the nation’s biggest law-defined, legally discriminated-against minority group, and it is growing. The adverse social implications of this trend remain unclear and the critical demographic tipping point is …
Forensic Evidence And The Court Of Appeal For England And Wales,
2015
Elisabeth Haub School of Law at Pace University
Forensic Evidence And The Court Of Appeal For England And Wales, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
The Criminal Division of the Court of Appeal has extensively analyzed the role of forensic evidence. In doing so, the court has grappled with the admissibility and reliability of a broad range of forensic evidence, from DNA and computer forensics to medical and psychological proof, to more outlying subjects like facial mapping, fiber analysis, or voice identification. The court has analyzed these subjects from two perspectives: the admissibility of such evidence in the lower courts and the admissibility of such evidence as fresh evidence on appeal. In both contexts, the court has taken a practical approach to admitting forensic proof …
Expunging America's Rap Sheet In The Information Age,
2015
American University Washington College of Law
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Scholarly Articles in Law Reviews & Journals
"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform,
2015
American University Washington College of Law
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Scholarly Articles in Law Reviews & Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Trade Secret Hacking, Online Data Breaches, And China’S Cyberthreats,
2015
Drake University Law School
Trade Secret Hacking, Online Data Breaches, And China’S Cyberthreats, Peter K. Yu
Cardozo Law Review de•novo
Taking advantage of the forum provided by this timely Symposium, this Article closely examines the ongoing debate on China’s sustained effort in using online hacking and other intrusive techniques to steal trade secrets and proprietary data from U.S. businesses. Part I outlines the five common narratives that have thus far been advanced to recount this widely criticized effort. Sensing the narratives’ negative overtones, Part II offers five modest suggestions on how a more positive debate can be constructed to help identify ways to reduce online hacking and data breaches as well as to enhance the protection of trade secrets and …
Mistaken Eyewitness Identifications In Maryland,
2015
American University Washington College of Law
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Crimmigration Creep: Reframing Executive Action On Immigration,
2015
American University Washington College of Law
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
In this Essay, I seek to build upon existing scholarship relating to DACA and DAPA, by offering an alternate lens through which to examine the programs. Specifically, I argue that DACA and DAPA, by naming and entrenching the “significant misdemeanor” bar to eligibility, contribute to a concerning expansion of “crimmigration law.” To be sure, neither program exists in codified law; nevertheless, the eligibility bars under DACA and DAPA are poised to wreak doctrinal havoc by upending the way particular criminal conduct is treated in the U.S. immigration system. In some respects, the DACA and DAPA bars are more stringent than …
Attribution Evidence Of Cell Phone Data,
2015
Case Western Reserve University School of Law
Attribution Evidence Of Cell Phone Data, Sana Haider
War Crimes Memoranda
No abstract provided.
What Is Wrong With Sex In Authority Relations? A Study In Law And Social Theory,
2015
Northwestern Pritzker School of Law
What Is Wrong With Sex In Authority Relations? A Study In Law And Social Theory, Galia Schneebaum
Journal of Criminal Law and Criminology
Criminalization of Sex within Authority Relations (SAR)—such as sex in the relationship between a therapist and a patient or an employer and an employee—is a growing phenomenon. Current theories conceptualize and consequently justify SAR offenses either under a liberal conception of sexual autonomy or under a feminist conception of gender inequality. Yet both conceptualizations are inadequate and fail to capture the distinctiveness of this new legal category. Specifically, they fail to explain the main puzzle underlying SAR offenses, which proscribe sexual contact in the absence of coercion by the offender. Rejecting both liberal and feminist analytical frameworks, this Article draws …
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration,
2015
University at Albany, State University of New York
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions,
2015
The Catholic University of America, Columbus School of Law
In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions, Kevin C. Walsh
Scholarly Articles
This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed …
Juvenile Sentencing Post-Miller: Preventive And Corrective Measures,
2015
The Catholic University of America, Columbus School of Law
Juvenile Sentencing Post-Miller: Preventive And Corrective Measures, Cara H. Drinan
Scholarly Articles
At the end of the twentieth century, the United States was an international outlier in the severity of its juvenile sentencing practices despite having invented the juvenile court model one century earlier. Today, juvenile sentencing reform is underway, particularly in the wake of recent Supreme Court decisions that have cabined the states’ capacity to impose extreme sentences on juveniles. In this Article, I propose two additional reform measures that would help to rationalize the sentences imposed on children in the American criminal justice system—one on the front end of the system and one on the back end. In particular, on …
The Third Dimension Of Victimization,
2015
The Catholic University of America, Columbus School of Law
The Third Dimension Of Victimization, Mary Graw Leary
Scholarly Articles
This article advocates for consideration of a restructuring of criminal laws at a basic level. It argues for the recognition of a third dimension of victimization. States must review criminal codes and restructure them to recognize the many new forms of victimization that are achieved digitally. Because of the uniquely pernicious harms of digital victimization, current criminal codes are insufficient. They fail to capture both the social value being protected and the harms accomplished through these digital victimizations. This article argues that one’s digital presence can, in fact, be an extension of oneself. As such, one’s digital self can be …
Serial: The Presumption Of Guilt,
2015
University of Baltimore School of Law
Serial: The Presumption Of Guilt, Staff Editors
University of Baltimore Law Review
Below is a transcript of a panel discussion with key participants in the defense of Adnan Syed which inspired the popular Serial podcast. The Student Bar Association of the University of Baltimore School of Law hosted the event on February 12, 2015.
The Highs And Lows Of Wild Justice,
2015
University of Richmond
The Highs And Lows Of Wild Justice, Corinna Barrett Lain
Law Faculty Publications
In Part I of this Review, I present a brief summary of Mandery's book, providing readers a glimpse of the fascinating story A Wild Justice tells and the engaging prose with which it is written. In Part II, I do the same for Rosenbaum's book, distilling the argument in Paybackand excerpting illustrative passages to provide readers an idea of what they will be getting. In Part III, I use both books to explore the difference between retribution and revenge, and the role those notions play in the defense of the death penalty today. I conclude that while Rosenbaum is unpersuasive …
Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security,
2015
University of Baltimore School of Law
Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson
All Faculty Scholarship
No abstract provided.
Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0,
2015
Prof. Emeritus, University of California Davis School of Law
Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried
Loyola University Chicago Law Journal
No abstract provided.
Condoning The Crime: The Elusive Mens Rea For Complicity,
2015
Postdoctoral Fellow, Center for Law & Philosophy, University of Southern California
Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch
Loyola University Chicago Law Journal
There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, these familiar approaches face difficulties. Accordingly, we have reason to continue our search for the elusive mens rea for complicity. This Article develops a new account of the mens rea for complicity, drawing on an …
Clarify Terms And Definitions Relevant To Military Commission Prosecutions,
2015
Case Western Reserve University School of Law
Clarify Terms And Definitions Relevant To Military Commission Prosecutions, Anna Victoria Quiñones Barr
War Crimes Memoranda
No abstract provided.
Cross-Border Distress Calls, Investigation And Potential Compensation,
2015
Case Western Reserve University School of Law
Cross-Border Distress Calls, Investigation And Potential Compensation, Chadwick P. Cleveland
War Crimes Memoranda
No abstract provided.
