Modifying Unjust Sentences,
2015
University of Florida, Levin College of Law
Modifying Unjust Sentences, E. Lea Johnston
Georgia Law Review
Judicial sentence modification offers a means to address the phenomenon of over-incarcerationas well as the harsh prison conditions that threaten unjust punishment. Indeed, some legislatures have framed states' early release provisions as fulfilling goals of proportionality and just punishment. This Article explores whether the tools available to judges at sentence modification hearings are adequate to respond to the unjust punishment experienced by prisoners. In examining this question, the Article focuses on one population particularly likely to experience disproportionate or inhumane punishment: inmates with serious mental disorders. A deep literature suggests that individuals with serious mental illnesses are especially likely to …
Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial,
2015
Allard School of Law at the University of British Columbia
Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial, Toby S. Goldbach
All Faculty Publications
This Article examines reforms to criminal sentencing procedures in Canada, focusing on Aboriginal healing circles, which were incorporated as “sentencing circles” into the criminal trial. Using the lens of comparative law and legal transplants, this Article recounts the period of sentencing reform in Canada in the 1990s, when scholars, practitioners, and activists inquired into Aboriginal confrontation with the criminal justice system by comparing Euro-Canadian and Aboriginal justice values and principles. As a way to bridge the gap between vastly differing worldviews and approaches to justice, judges and Aboriginal justice advocates transplanted sentencing circles into the sentencing phase of the criminal …
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment,
2014
University of Maine School of Law
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith
Oklahoma Law Review
In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …
The Diary Of An Ex-Con,
2014
City University of New York (CUNY)
The Diary Of An Ex-Con, Erica Edwards
Capstones
Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.
Investigator Issue In Financial Service Crime In Indonesia,
2014
Faculty of Law, University of Pasundan, Indonesia
Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.
Indonesia Law Review
The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …
The Problems Of Expert Witness In Criminal Law,
2014
Faculty of Law, Universitas Indonesia, Indonesia
The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun
Indonesia Law Review
The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …
Appellate Division, First Department, People V. Celaj,
2014
Touro University Jacob D. Fuchsberg Law Center
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Apellate Division, Third Department, People V. Kelley,
2014
Touro University Jacob D. Fuchsberg Law Center
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Mundo,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Johnson,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Johnson, Denise Shanley
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Cahill,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Cahill, Annette Thompson
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley
Touro Law Review
No abstract provided.
Appellate Division, Third Department, People V. Colon,
2014
Touro University Jacob D. Fuchsberg Law Center
Appellate Division, Third Department, People V. Colon, Jocelin Los
Touro Law Review
No abstract provided.
County Court, Rockland County, People V. Clark,
2014
Touro University Jacob D. Fuchsberg Law Center
County Court, Rockland County, People V. Clark, Lauren Tan
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Rose,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Rose, Susan Persaud
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Abar,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Abar, Danielle Dupré
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Grice,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Taylor,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Taylor, Susan Persaud
Touro Law Review
No abstract provided.
Supreme Court, Appellate Term, People V. Morin,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, Appellate Term, People V. Morin, Lauren Tan
Touro Law Review
No abstract provided.
Family Court, Queens County, In The Matter Of Joseph G.,
2014
Touro University Jacob D. Fuchsberg Law Center
Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson
Touro Law Review
No abstract provided.
