San Jose State University
Notre Dame Law School
University of Nevada, Las Vegas -- William S. Boyd School of Law
DePaul University
CUNY John Jay College
Cornell Law School
University of Michigan Law School
Morality in Media & National Center on Sexual Exploitation
JD Candidate
University of Arkansas at Little Rock William H. Bowen School of Law
Evidence Of Gambling Expert Witness In Prosecuting Online Gambling Offences: Malaysia’S Experience And Way Forward,
2023
University of Nevada, Las Vegas
Evidence Of Gambling Expert Witness In Prosecuting Online Gambling Offences: Malaysia’S Experience And Way Forward, Sharifah Zulia Balqish S. Agil
International Conference on Gambling & Risk Taking
Abstract:
Accessibility of online gambling surges with rife coverage of the Internet worldwide including in Malaysia. Criminal procedures to curb rampancy of online gambling are the last bastion of the society from gambling disorder hazards. However, prosecuting online gambling offences poses ginormous technical challenges to police force and prosecutors. The assistance of gambling expert witness is sine qua non in proving attributes of games as gambling. The existing Malaysia legal framework stipulates for appointment of gambling expert witness in prosecuting traditional gambling offences but absence of online equivalent. This paper seeks to examine the general law on expert witness in …
What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da,
2023
William & Mary Law School
What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin
Popular Media
No abstract provided.
Hb277/Sb941: Sentencing Disparities In Tennessee,
2023
Belmont University
Hb277/Sb941: Sentencing Disparities In Tennessee, Theresa Collins, Sloane Crockett, Amani Devault-Smith, Maggie Ask, Natalie Schilling
Belmont University Research Symposium (BURS)
No abstract provided.
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options,
2023
rbonnie@virginia.edu
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options, Richard J. Bonnie
Washington and Lee Journal of Civil Rights and Social Justice
In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme Court’s ruling banning execution of persons with intellectual disability and to consider an analogous ban against imposing the death penalty on defendants with severe mental disorders. The Task Force established formal links with the American Psychological Association, the American Psychiatric Association, and the National Alliance on Mental Illness and the final report was approved by the ABA and the participating organizations in 2005 and 2006. This brief article focuses primarily on diminished responsibility at the time …
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer,
2023
Washington and Lee University School of Law
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer, David I. Bruck
Washington and Lee Journal of Civil Rights and Social Justice
This talk was given by Professor David Bruck for the Frances Lewis Law Center at Washington and Lee University School of Law, April, 2002. It is a follow-up to “Does the Death Penalty Matter?,” given by Professor Bruck as the 1990 Ralph E. Shikes Lecture at Harvard Law School.
Second Chances In Criminal And Immigration Law,
2023
University of California, Los Angeles
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Indiana Law Journal
This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university professor in recognition of his scholarship, teaching, and public service. In her Fuchs lecture, Professor Eagly explores the growing bipartisan consensus behind “second chance” reforms in the state and federal criminal legal systems. These incremental reforms acknowledge racial bias, correct for past …
Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand,
2023
William & Mary Law School
Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin
Popular Media
No abstract provided.
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population,
2023
William & Mary Law School
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin
Popular Media
No abstract provided.
Shielded Book Launch,
2023
Yeshiva University, Cardozo School of Law
Shielded Book Launch, Cardozo Center For Rights And Justice
Event Invitations 2023
Professor Alexander Reinert, Director of the Center for Rights and Justice, will moderate a discussion on Shielded: How the Police Became Untouchable. He will be joined by the author, Joanna Schwartz, Professor of Law at the University of California, Los Angeles. Schwartz is one of the country's leading scholars on policing.
In Shielded, Schwartz explores how the legal system protects the police from being held accountable, with insightful analyses about subjects ranging from qualified immunity to no-knock warrants. By weaving true stories of people seeking restitution for violated rights, cutting across race, gender, criminal history, tax bracket, and …
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment,
2023
University of Richmond School of Law
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
University of Richmond Law Review
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
Grandma Got Arrested: Police, Excessive Force, And People With Dementia,
2023
Sturm College of Law, University of Denver
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
University of Richmond Law Review
Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.
To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …
The Structure Of Criminal Federalism,
2023
Associate Research Scholar, Columbia Law School
The Structure Of Criminal Federalism, Erin C. Blondel
Notre Dame Law Review
Scholars and courts have long assumed that a limited federal government should stick to genuinely “federal” crimes and leave “local” crimes to the states. By that measure, criminal federalism has failed; federal criminal law largely overlaps with state crime, and federal prosecutors regularly do seemingly “local” cases. Despite nearly unlimited paper jurisdiction, however, the federal enforcement footprint has remained tiny and virtually static for a century. Something is strongly limiting the federal system, just not differences in substantive coverage.
The answer is different enforcement responsibilities. The police power means states alone provide basic public safety and criminal justice. Rather than …
Error Aversions And Due Process,
2023
Duke University School of Law
Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell
Michigan Law Review
William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.
Across multiple national surveys sampling more than 12,000 people, we find that a majority of Americans consider false acquittals …
Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19,
2023
University of Arkansas, Fayetteville
Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19, Sydney Mcconnell
Arkansas Law Review
A prison sentence should “not include incurring a great and unforeseen risk of severe illness or death.” But for the 2.3 million people housed in our nation’s prisons and jails during the COVID-19 (“COVID”) pandemic, their sentences have included just that. Since the beginning of the pandemic, the Bureau of Prisons has transferred approximately 49,068 inmates to home confinement. The decision to expand home confinement is an important one. It is a step in the right direction to address another broader, and distinctly American, issue: mass incarceration. Lawmakers on both sides of the political aisle have reached the consensus “that …
Hope Emerges From The Shadows: Riojas And Mccoy Offer New Tool For Exonorees,
2023
Villanova University Charles Widger School of Law
Hope Emerges From The Shadows: Riojas And Mccoy Offer New Tool For Exonorees, Jack Nelson
Villanova Law Review
No abstract provided.
No Need For Speed: The Inherent Unreasonableness Of High-Speed Police Chases And A New Approach To Excessive Force Litigation,
2023
Brooklyn Law School
No Need For Speed: The Inherent Unreasonableness Of High-Speed Police Chases And A New Approach To Excessive Force Litigation, Hayley Bork
Brooklyn Law Review
High-speed police chases are a deadly tactic used and abused by the police to apprehend motorists who flee from traffic stops. Police departments around the country routinely escalate stops for mere traffic infractions into dangerous high-speed pursuits, resulting in death and injury to those involved. Moreover, Black Americans represent a disproportionate number of those stopped, chased, and killed by police, making high-speed chases, like many police-citizen encounters, highly racialized. However, for motorists injured by high-speed chases, maintaining a successful lawsuit against the responsible officers remains incredibly difficult under current excessive force jurisprudence. Although police department policies limiting when and why …
The Long Road To Justice: Why State Courts Should Lower The Evidentiary Burden For Proving Racialized Traffic Stops And Adopt The Exclusionary Rule As A Remedy For Equal Protection Violations,
2023
University of Washington School of Law
The Long Road To Justice: Why State Courts Should Lower The Evidentiary Burden For Proving Racialized Traffic Stops And Adopt The Exclusionary Rule As A Remedy For Equal Protection Violations, Abby M. Fink
Washington Journal of Social & Environmental Justice
Racist and brutal policing continues to pervade the criminal legal system. Black and brown people who interact with the police consistently face unequal targeting and treatment. Routine traffic stops are especially dangerous and harmful and can lead to death. Under Whren, a police officer’s racist motivations or implicit bias towards a driver do not influence the constitutionality of a traffic stop. An officer only needs to show there was probable cause to believe a traffic stop occurred. Although the unconstitutionality of pre-textual traffic stops has been widely explored since Whren, both federal and state courts have struggled to find legal …
Plea Bargaining's Uncertainty Problem,
2023
William & Mary Law School
Plea Bargaining's Uncertainty Problem, Jeffrey Bellin
Faculty Publications
While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself. Critics’ primary target is the “trial penalty.” But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of “progressive prosecutors” is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …
Guide To Bill Of Attainder Clauses In Article I, Sections 9 And 10,
2023
University at Buffalo School of Law
Guide To Bill Of Attainder Clauses In Article I, Sections 9 And 10, Matthew J. Steilen
Contributions to Books
These are commentaries on the Bill of Attainder Clauses in Article I, sections 9 and 10. Each is 2000 words long. They are forthcoming in the 3d edition of Heritage Guide to the Constitution. Topics covered include the history of English bills of attainder, the meaning of "bill," "notorious," "attainder," and other key terms, bills of attainder passed against loyalists during the American revolution, the Josiah Philips case, the legislative history of the clauses in the Philadelphia Convention, early Supreme Court decisions involving bills of attainder, and the modern doctrine. Inline citations and a short bibliography are included. The author …
The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead,
2023
Concordia University St. Paul
The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud
Doctorate in Education
This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …
