Criminal Procedure Commons^™

Hak Asasi Manusia Tersangka Tindak Pidana Terorisme: Studi Perbandingan Antara Indonesia Dan Malaysia, Fayez Ghazi Mutasim Adesta Mr., Sapto Priyanto Dr.

Journal of Terrorism Studies

Terrorism is the use of force or threat to use force with the aim of bringing a political change, this is the definition according to Brian Jenkins. It is not doubted by anyone that the crime of terrorism is an act of crime that is extraordinary. However, similar to any other crimes, the principle of innocent until proven guilty should always be upheld. This is due to the fact that we should presume anyone’s innocence until the court of law hold otherwise. This paper is aimed to further discuss pertaining to the human rights of an accused of crime of …

The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right, Sara Hildebrand, Ashley Cordero

Villanova Law Review (1956 - )

No abstract provided.

Prosecution In Public, Prosecution In Private, Lauren M. Ouziel

Notre Dame Law Review

Criminal procedure has long set a boundary between public and private in criminal enforcement: generally speaking, enforcement decisions at the post-charging stage are exposed to some degree of public view, while those at the pre-charging stage remain almost entirely secret. The allocation of public and private is, at heart, an allocation of power—and the current allocation is a relic. When private prosecutors were the mainstay of criminal enforcement, public court processes effectively constrained them. But those processes do little to constrain the spaces where enforcement power today resides: in decisions by the servants of a state-run, professionalized enforcement apparatus on …

Prisoners, Punitive Damages, And Precedent, Oh My! The Eleventh Circuit In Hoever Overrules Prior Interpretation Of The Prison Litigation Reform Act, Tatiana Dobretsova

Mercer Law Review

Imagine you are a prisoner at Dooly State Prison in Unadilla, Georgia. A squad of about thirty officers march into the prison one day, dressed in riot gear, chanting, “kill, kill, kill.” The officers begin cursing and ordering inmates to get out of their cells, even yanking some by their shirts if they are not moving quickly enough. As you and the other inmates rush out of your cells, you are subjected to body cavity searches—you are ordered to strip naked, squat and cough, turn around, and bend over, all in the presence of several officers. An officer hands you …

Ding Dong! The Count Is Dead, Or Is It?: Criminal Defendants May Not Directly Appeal Convictions If Unresolved Counts Are On The Dead Docket, Lilly B. Nickels

Mercer Law Review

A defendant is indicted on two criminal counts, is found guilty on one of those counts, and is sentenced to time in prison. However, the jury could not come to a decision on the other count, so the trial court judge places the count on the court’s dead docket where the count could remain for an indefinite period of time, deeming the defendant’s case pending in the trial court. Due to the defendant’s case being classified as pending, the defendant does not have the right to a direct appeal. The defendant must helplessly serve prison time without any idea as …

The Death Penalty Standard That Won’T Die: The Georgia Supreme Court Maintains The Highest Possible Standard Of Proof For The Mentally Disabled, Alyssa Ledoux

Mercer Law Review

Several serious issues arise when applying the death penalty to the mentally disabled. First, the social purposes served by the death penalty, retribution and deterrence, are questionable when it comes to the mentally disabled. Retribution by execution is reserved for those at the highest level of culpability or the highest level of conscious and depraved guilt. Likewise, execution is viewed as an effective deterrent on cold calculus that is not found in individuals with a mental disability.

Second, challenges the disabled face, such as the tendency to falsely confess, the lesser ability to present a persuasive showing of mitigating factors, …

Combating Recidivism, Shaylin Daley

Senior Honors Projects

SHAYLIN DALEY (Psychology) Combating Recidivism Sponsor: Lisa Holley (Political Science) Many people believe that criminals cannot be helped. It is evident that at least some of society shuns people who break laws and have negative views about the amount of money spent on detaining inmates. Thousands of individuals are released from United States prisons a day. Many of these individuals have no plan in place for their return home and are sent into the streets with nothing except for a jail ID. Most of these people will end up returning to prison. A good sum of these people face problems …

Pretextual Stops: The Rest Of The Story, J.E.B. Stuart Vi

University of Richmond Law Review

Pretextual stops made by law enforcement officers—stops aimed at serving some purpose other than the official reason for the stop—have received renewed attention in the public discourse following several high-profile law enforcement confrontations with people of color. Naturally, the conversations about pretextual stops have centered around their most horrid iteration: discriminatory stops made by bad cops. These stops are damaging to both motorists and officers, and conversations about them are undeniably important. But there is more to pretextual stops than the nefarious purposes attributed to them.

As a former police officer who regularly made pretextual stops for reasons entirely unrelated …

Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter

All Dissertations

This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in …

Completing Expungement, Brian M. Murray

University of Richmond Law Review

The limits of expungement are where the hope for real reentry meet the desire for criminal justice transparency. That a criminal record, ordered expunged by a judge after a long and arduous process, continues to exist in the world of private actors is a cold, harsh reality for those attempting to reenter civil society. It is also reassurance for parents hiring a babysitter, school districts seeking new employees, and employers concerned about workplace liability. Not to mention, the thought that all records of criminal justice adjudication could be purged forever intuitively sounds Orwellian, even in an age where surveillance, whether …

The Restorative Prison: Essays On Inmate Peer Ministry & Prosocial Corrections, Michael A. Hallett

Showcase of Faculty Scholarly & Creative Activity

Drawing on work from inside some of America’s largest and toughest prisons, this book documents an alternative model of "restorative corrections" utilizing the lived experience of successful inmates, fast disrupting traditional models of correctional programming. While research documents a strong desire among those serving time in prison to redeem themselves, inmates often confront a profound lack of opportunity for achieving redemption. In a system that has become obsessively and dysfunctionally punitive, often fewer than 10% of prisoners receive any programming. Incarcerated citizens emerge from prisons in the United States to reoffend at profoundly high rates, with the majority of released …

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

Implications Of Non-Exclusive Choice Of Forum Clauses In Determining The Competent Dispute Resolution Forum In Indonesia, Alvansa Vickya, Tiurma M.P. Allagan

Indonesia Law Review

This research aims to analyze the implications of a non-exclusive choice of forum clause in determining the competent dispute resolution forum in Indonesia based on theories related to Private International Law, International Contract Law, and International Civil Procedure Law. Based on the results of this research, the implications of the non-exclusive choice of forum clause in determining the competent dispute resolution forum in Indonesia have not been fully regulated by Indonesian laws and regulations. This can be seen from the use of the doctrines of forum non conveniens, lis pendens, and res judicata, the three of which are still not …

The Future Of The Allen Charge In The New Millennium, Caleb Epperson

Arkansas Law Review

"In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same." Following the death of George Floyd on May 25, 2020, social and political movements grew rapidly nationwide to combat the prevalence of police brutality against African-American communities. The impact of the ongoing Black Lives Matter movement has been observed in both cities across the United States and in related movements internationally. This movement highlights the necessity for police reform and catalyzes the public’s growing call for greater criminal justice reform. To achieve the goals …

Can't We Just Talk About This First?: Making The Case For The Use Of Discovery Depositions In Arkansas Criminal Cases, Bryan Altman

Arkansas Law Review

“[T]he quest for better justice is a ceaseless quest, that the single constant for our profession is the need for continuous examination and reexamination of our premises as to what law should do to achieve better justice.” From time to time, it is important that we take stock of our legal surroundings and ask ourselves if our procedures are still properly serving us, or if there is need for change and improvement. In this Article, I argue that the time has come for Arkansas to provide the criminal defense bar with the affirmative power to conduct discovery depositions. Arkansas criminal …

Modern Sentencing Mitigation, John B. Meixner Jr.

Northwestern University Law Review

Sentencing has become the most important part of a criminal case. Over the past century, criminal trials have given way almost entirely to pleas. Once a case is charged, it almost always ends up at sentencing. And notably, judges learn little sentencing-relevant information about the case or the defendant prior to sentencing and have significant discretion in sentencing decisions. Thus, sentencing is the primary opportunity for the defense to affect the outcome of the case by presenting mitigation: reasons why the nature of the offense or characteristics of the defendant warrant a lower sentence. It is surprising, then, that relatively …

Is Misdemeanor Cash Bail An Unconstitutional Excessive Fine?, Barnett J. Harris

Pepperdine Law Review

The Excessive Fines Clause is one of the least developed clauses pertaining to criminal procedure in the Bill of Rights. In fact, the Supreme Court has only interpreted the Clause a few times in its entire history. Yet, on any given day, hundreds of thousands of people languish in jails without having been convicted of anything, because most of these people are unable to meet the bail amount a judge sets. This Essay examines the surprisingly under-explored relationship between misdemeanor cash bail & pretrial detention and the Excessive Fines and Excessive Bail Clauses of the Eighth Amendment, using the Supreme …

Children Behind Bars: A Path To Reducing Pre-Adjudicative Detention In The Juvenile Justice System, Rebecca Stark

Journal of Civil Rights and Economic Development

(Excerpt)

In 2019, nearly 16,000 young people referred to the juvenile justice system were detained in juvenile facilities. Nearly 10,000 of them had not yet been found to have committed a crime. When it comes to youthful offenders, one might assume that courts would be inclined to exhibit leniency and favor pretrial release. In reality, judges detain youth pretrial in over a quarter of delinquency cases.

Pretrial detention does not affect all youth at an equal rate: juvenile court judges consistently detain older youths more often than younger youths, more boys than girls, and far more children of color. In …

Quo Vadis? Assessing New York’S Civil Forfeiture Law, Steven L. Kessler

Touro Law Review

No abstract provided.

Minimum Sentences, Maximum Suffering: A Proposal To Reform Mandatory Minimum Sentencing, Jordan Ramsey

Helm's School of Government Conference - 2021-2024

This paper offers several proposals to reform mandatory minimum sentencing laws and asks how we can best uphold Freedom and the Rule of Law within sentencing law.