Criminal Law Commons^™

Invisible Minority: People Incarcerated With Mental Illness, Developmental Disabilities, And Traumatic Brain Injury In Washington's Jails And Prisons, Bette Michelle Fleishman

Seattle Journal for Social Justice

No abstract provided.

The Illusory Eighth Amendment, John F. Stinneford

UF Law Faculty Publications

Although there is no obvious doctrinal connection between the Supreme Court’s Miranda jurisprudence and its Eighth Amendment excessive punishments jurisprudence, the two are deeply connected at the level of methodology. In both areas, the Supreme Court has been criticized for creating “prophylactic” rules that invalidate government actions because they create a mere risk of constitutional violation. In reality, however, both sets of rules deny constitutional protection to a far greater number of individuals with plausible claims of unconstitutional treatment than they protect.

This dysfunctional combination of over- and underprotection arises from the Supreme Court’s use of implementation rules as a …

Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Flawed Forensics And The Death Penalty: Junk Science And Potentially Wrongful Executions, Jessica Dwyer-Moss

Seattle Journal for Social Justice

No abstract provided.

High Federalism: Marijuana Legalization And The Limits Of Federal Power To Regulate States, David S. Schwartz

Cardozo Law Review

The conflict between state marijuana legalization and the blanket federal marijuana prohibition of the Controlled Substances Act (CSA) has created a federalism crisis in which the duties of state officials to adhere to state or federal law are unclear. Current federalism doctrine cannot even tell us whether or not a local police officer who encounters a person in state-authorized possession of marijuana must arrest the person and seize the marijuana. The two most clearly applicable federalism doctrines - the Tenth Amendment anti-commmandeering doctrine and federal preemption of state law under the Supremacy Clause - offer only unsatisfactory answers. Anti-commandeering doctrine …

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

Michigan Law Review

Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …

Criminal Law, Franklin J. Hogue

Mercer Law Review

This Article reviews the most important criminal cases during this reporting period-from June 1, 2012 through May 31, 2013-that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.

Shame, Memory, And The Unspeakable: The International Criminal Court As Damnatio Memoriae, Michael Blake

San Diego Law Review

The first [part] will discuss two ways of looking at the court and why the conventional justifications of punishment might not be adequate to justify what the court is doing. The second will examine the issue of the politically unspeakable and argue that the court’s mandate might indeed be the responsibility of making certain ideas and persons politically shameful. The final Part will try to give some justification for the claim that this mandate might give rise to a justification for the court’s existence. On the account I provide here, even if the court could not be justified with reference …

Contextual Expectations Of Privacy, Andrew D. Selbst

Cardozo Law Review

Fourth Amendment search jurisprudence is nominally based on a "reasonable expectation of privacy," but actual doctrine is disconnected from society's conception of privacy. Courts rely on various binary distinctions: Is a piece of information secret or not? Was the observed conduct inside or outside? While often convenient, none of these binary distinctions can adequately capture the complicated range of ideas encompassed by "privacy." Privacy theorists have begun to understand that a consideration of social context is essential to a full understanding of privacy. Helen Nissenbaum's theory of contextual integrity, which characterizes a right to privacy as the preservation of expected …

The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann

Buffalo Law Review

No abstract provided.

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer

Faculty Publications

No abstract provided.

Until Yesterday: Deterring And Healing The Cyclical Gender Based Violence In Indian Country, Samantha Ivette Morales

American Indian Law Journal

No abstract provided.

Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy

Cardozo Law Review

No abstract provided.

Summary Of Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman

Nevada Supreme Court Summaries

A three-judge panel of the Court considered three questions: (1) whether NRS 484E.010-030 require actual knowledge that an accident has occurred, or whether constructive knowledge is sufficient; (2) whether the definition of “involved in an accident” in the same statute is unconstitutionally vague or ambiguous; and (3) whether the evidence in this case was sufficient to support the guilty verdict handed down in the lower court.

Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether the prosecution’s use of a PowerPoint slide during opening statement with the defendant’s booking photo and the word “guilty” superimposed across the photo was improper advocacy and undermined the defendant’s presumption of innocence.

Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock

Nevada Supreme Court Summaries

The Court determined one issue: whether NRS 62H.170(2)(c) or NRS 62H.170(3) permits the State to inspect a defendant’s sealed juvenile record to obtain information for use against that defendant in a subsequent criminal prosecution.

Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman

Presentations

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help …

Rios Montt Edges Closer To Escaping Accountability For Genocide, Lauren Carasik

Media Presence

No abstract provided.

A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn

Seattle University Law Review

The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …