Subjective Deliberate Indifference: The Correct Standard For Pre-Trial Detainees' Fourteenth Amendment Claims For Inadequate Medical Care,
2024
Pace University
Subjective Deliberate Indifference: The Correct Standard For Pre-Trial Detainees' Fourteenth Amendment Claims For Inadequate Medical Care, Douglas Weeks
Pace Law Review
This article examines the legal standard of “subjective deliberate indifference” as it pertains to the Fourteenth Amendment claims of pre-trial detainees facing inadequate medical care. With the Supreme Court’s evolving interpretation of constitutional protections for incarcerated individuals, this piece argues that subjective deliberate indifference offers a more appropriate framework for evaluating the state’s duty to provide adequate medical treatment. By analyzing relevant case law, including the significant distinctions between pre-trial detainees and convicted prisoners, the article highlights the necessity of considering the mental state of correctional officials in medical negligence claims. Furthermore, it explores the implications of this standard on …
Death By Jury: Jurisprudential Trends And Hybrid Capital Sentencing Authority,
2024
University of Tennessee College of Law
Death By Jury: Jurisprudential Trends And Hybrid Capital Sentencing Authority, Jacob T. Hayes
Tennessee Journal of Law and Policy
No abstract provided.
The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference,
2024
Touro University Jacob D. Fuchsberg Law Center
The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis
Touro Law Review
In 2015, the Supreme Court in Kingsley v. Hendrickson held that a pretrial detainee claiming excessive force on the part of the state must only show that the force used was objectively unreasonable. Prior to the adoption of the purely objective standard, many courts around the country were analyzing such cases through a subjective standard to determine whether the officers subjectively knew that the force used against a pretrial detainee was unreasonable. The absence of this objective standard essentially allowed state officials to use excessive force against pretrial detainees without violating an individual’s Constitutional rights. The Supreme Court reasoned that …
The Criminal Safeguarding Of The Environment Against Pollution And Hazardous Waste In The Context Of Climate Change: A Study In The United Arab Emirates.,
2024
Imam Malik College for Sharia and Law
The Criminal Safeguarding Of The Environment Against Pollution And Hazardous Waste In The Context Of Climate Change: A Study In The United Arab Emirates., Dr. Khaled Ramadan Soltan
Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة
No abstract provided.
Life, Liberty, And The Pursuit Of Artificial Intelligence,
2024
Touro University Jacob D. Fuchsberg Law Center
Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.
Touro Law Review
With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems …
Formalizing Fairness: Statistical Measures Of Parity For Recidivism Prediction Instruments,
2024
University of Michigan Law School
Formalizing Fairness: Statistical Measures Of Parity For Recidivism Prediction Instruments, Joshua Song
Michigan Technology Law Review
Recidivism prediction instruments (RPI) are increasingly employed as an algorithmic arm of the criminal justice system to assist in bond, sentencing, and probation determinations. Due process and ethics guidelines require that RPIs, such as the Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), apply a fair assessment in making recidivism predictions. To establish fair RPIs, we must first define standards of fairness and methods to measure bias in RPI outputs. However, defining algorithmic fairness can be cryptic and context-dependent. Scholars have proposed different criteria for what defines a fair RPI. Unfortunately, these criteria are conflicting and mutually exclusive; it is …
Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024),
2024
University of Johannesburg
Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen
SAIPAR Case Review
This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an …
Sydney Mwansa V. Director Of Public Prosecutions (Appeal No. 276/2012) (Dpp) And Non-Conviction Based Forfeiture Orders: A Case Comment,
2024
Cornell Law School
Sydney Mwansa V. Director Of Public Prosecutions (Appeal No. 276/2012) (Dpp) And Non-Conviction Based Forfeiture Orders: A Case Comment, Muna Ndulo
SAIPAR Case Review
This piece critically analyses the Zambian Court of Appeal's decision regarding a non-conviction-based forfeiture order. The Court allowed the appeal, insisting on the need to identify a specific offence and establish a clear connection between the offence and the tainted property. The author argues that this decision is legally flawed as it misconstrues the fundamental principle of non-conviction forfeiture, which does not require proof of a criminal conviction or a specific offence. The commentary emphasises that unexplained wealth, where authorities show a disparity between legitimate earnings and accumulated assets, should be sufficient to trigger forfeiture, with the burden of proof …
An Examination Of Ghana’S Implementation Of Maritime Single Window(Msw) : Prospects And Challenges,
2024
World Maritime University
An Examination Of Ghana’S Implementation Of Maritime Single Window(Msw) : Prospects And Challenges, Pamela Maaleka Puowele Karbo
World Maritime University Dissertations
No abstract provided.
Reconstructing Citizenship,
2024
Texas A&M University School of Law
Reconstructing Citizenship, Jenny E. Carroll, James Jeter
Faculty Scholarship
In our republican democracy, voting is a central right of citizenship. Yet millions of voters are routinely disenfranchised as a result of convictions or because their carceral status creates barriers to voting. In the past decade, academic scholarship has focused on the impact of disenfranchisement based on conviction. This work has mapped the legal and social implications of policies that deny voting rights to over five million otherwise eligible voters nationwide. Yet this work has some gaps. First, by focusing solely on conviction-based disenfranchisement, the existing scholarship has largely ignored fatal barriers to voting created (and at times perpetuated) by …
Artificial Intelligence & Criminal Justice: A Primer,
2024
Allard School of Law at the University of British Columbia
Artificial Intelligence & Criminal Justice: A Primer, Benjamin Perrin
All Faculty Publications
The UBC Artificial Intelligence & Criminal Justice Initiative empowers students and scholars to explore the opportunities and challenges at the intersection of AI and criminal justice through teaching, research, public engagement, and advocacy.
Facial Recognition Technology And The Dire Need To Regulate It,
2024
Drexel University, Thomas R. Kline School of Law
Facial Recognition Technology And The Dire Need To Regulate It, Michael Mellon
SMU Law Review Forum
Facial recognition technology enables the identification of subjects in digital recordings through the use of biometrics. This technology is increasingly used by both state and private actors for crime prevention, criminal investigations, crowd monitoring, and more. Its use continues despite the fact that the technology itself has been shown to have a propensity for bias and misidentification. The flaws inherent in the technology are not the only cause for concern either. There is reason to believe that nefarious actors could intentionally use facial recognition technology to achieve illegitimate ends. Meanwhile, facial recognition technology remains unregulated at the federal level in …
Punishing Individuals Who Complied With Intolerably Unjust 'Laws' In Predecessor Regimes,
2024
Singapore Management University
Punishing Individuals Who Complied With Intolerably Unjust 'Laws' In Predecessor Regimes, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Suppose a 'law' required individuals to report neighbours of a certain race for extermination. If individuals complied with such a 'law' to avoid the penal sanction of a death sentence, should a tribunal involved in the process of transitional justice in a successor regime punish them? Radbruch suggests that intolerably unjust 'laws' are not legally valid. According to Radbruch's Formula, reporting the neighbour would not be justified by law. The logical implication of this Formula is that the act of reporting was, in substance, abetment to murder (or possibly, genocide). Yet, punishing individuals who complied with the purported 'law' in …
Transcript: The Intersection Of Race And Poverty In Criminal Justice,
2024
University of Tennessee College of Law
Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright
Tennessee Journal of Law and Policy
Transcript of the lecture given by Bright at the University of Tennessee College of Law Summers-Wyatt Lecture given on September 27, 2010.
Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty,
2024
University of Tennessee College of Law
Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter
Tennessee Journal of Law and Policy
No abstract provided.
Panel Three: Unique Ethical Dilemmas In Capital Representation,
2024
University of Tennessee College of Law
Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services,
2024
University of Tennessee College of Law
National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson
Tennessee Journal of Law and Policy
No abstract provided.
Fear Of Motion,
2024
Perlmutter Center for Legal Justice at Cardozo Law
Fear Of Motion, Cardozo Criminal Defense Clinic, Filmmakers Legal Clinic (Flc), Perlmutter Center For Legal Justice At Cardozo Law, Josh Dubin
2024 Event Invitations
“A young man on the grip of his probation, attending a therapy session to navigate his survivor guilt after getting his best friend incarcerated. The film explores familiar themes in black politics, regarding the struggles and circumstances of people under maximum sentences. It includes the stigmatization and ineffective rehabilitation that contributes to the corruption of the probation system.”
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth,
2024
University of Cincinnati College of Law
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub
University of Cincinnati Law Review
No abstract provided.
Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law,
2024
University of Cincinnati College of Law
Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law, Mia Cordle
University of Cincinnati Law Review
No abstract provided.
