From The Legal Literature: Disentangling Prison And Punishment,
2020
Montclair State University
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law,
2020
Mercer University School of Law
Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law, Brian Fussell Jr.
Mercer Law Review
Alcohol and criminal behavior often accompany each other as anyone with any experience with the justice system (or intoxicated people in general) can attest to. A significant percentage of the population would probably say their worst decisions and mistakes came about while under the influence of booze or other intoxicants, and crime statistics would back this up. Alcohol-related crime statistics in the United States compiled by AlcoRehab show around 500,000 cases of alcohol related violence every year and also demonstrate that an incredible 86% of homicides and 60% of sexual abuse or rape cases were committed under the influence of …
Supervised Release Is Not Parole,
2020
Penn State Law
Supervised Release Is Not Parole, Jacob Schuman
Faculty Scholarship
The United States has the largest prison population in the developed world. Yet outside prisons, there are almost twice as many people serving terms of criminal supervision in the community— probation, parole, and supervised release. At the federal level, this “mass supervision” of convicted offenders began with the Sentencing Reform Act of 1984, which abolished parole and created a harsher and more expansive system called supervised release. Last term in United States v. Haymond, the Supreme Court took a small step against mass supervision by striking down one provision of the supervised release statute as violating the right to …
The Origins And Legacy Of The Fourth Amendment Reasonableness Balancing Model,
2020
Penn State Law, University Park
The Origins And Legacy Of The Fourth Amendment Reasonableness Balancing Model, Kit Kinports
Faculty Scholarship
The overwhelming majority of the Supreme Court’s Fourth Amendment cases over the past fifty years have been resolved using a warrant presumption model, which determines the constitutionality of a search or seizure by asking whether law enforcement officials had probable cause and a warrant, or some exception to those requirements. But three decisions, beginning in 2001, mysteriously deviated from that approach and applied a reasonableness balancing model, upholding the searches in those cases after considering the totality of the circumstances and weighing the competing government interests against the defendant’s privacy interests. This balancing approach has justifiably been criticized as amorphous, …
White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda
Nevada Supreme Court Summaries
No abstract provided.
High Desert State Prison V. Sanchez, 135 Nev., Adv. Op. 68 (Dec. 26, 2019),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
High Desert State Prison V. Sanchez, 135 Nev., Adv. Op. 68 (Dec. 26, 2019), Jeff Garrett
Nevada Supreme Court Summaries
NRS § 209.4465 does not allow for good time served to be credited for those who commit child lewdness. The Court held that in order for a violation to be a continuous crime, the statute must be explicitly label the crime as continuous. Here, Respondent’s time served had been properly calculated by the district court because Respondent’s violation was codified as a one-time offense and occurred before the 2007 amendment to NRS § 209.4465. The language of the violated statutes define attempted lewdness with a child to be a one-time offense and not a continuous offense. Furthermore, the State’s assertion …
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019), Tayler Bingham
Nevada Supreme Court Summaries
The Court determined that (1) when the government relies on the forfeiture exception of the Confrontation Clause to introduce a witness’s out-of-court statements, the burden of proof the litigant must meet is that of preponderance of the evidence; and (2) that a trial court does not abuse its discretion in denying a motion to substitute counsel and thereby violate the Sixth Amendment right to counsel when the trial court holds a Young hearing for each motion and enough evidence indicates there is not a complete breakdown in the attorney-client relationship.
Poasa V. State, 135 Nev. Adv. Op. 57 (Nov. 27, 2019),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Poasa V. State, 135 Nev. Adv. Op. 57 (Nov. 27, 2019), Gillian Block
Nevada Supreme Court Summaries
The Court reaffirmed its holding in Kuykendall v. State, interpreting NRS 176.055(1) to require sentencing courts to award credit for time served in presentence confinement.
Foreword,
2020
Touro Law Center
Foreword, Syndie G. E. Molina
Journal of Race, Gender, and Ethnicity
No abstract provided.
Our Criminal Justice System Is A Bear Trap,
2020
Touro Law Center
Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confession Obsession: How To Protect Minors In Interrogations,
2020
Touro Law Center
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice,
2020
Touro Law Center
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Remorse, Not Race: Essence Of Parole Release?,
2020
Touro Law Center
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Journal of Race, Gender, and Ethnicity
No abstract provided.
As Pertains To The Criminal Justice System, Is Hindsight 20/20?,
2020
Touro Law Center
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem,
2020
Touro Law Center
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction,
2020
Touro Law Center
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reimagining The Death Penalty: Targeting Christians, Conservatives,
2020
Thurgood Marshall School of Law, Texas Southern University
Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit
Buffalo Law Review
This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …
Minnesota's Rape Shield Law: A Sword For Prosecutors; A Blow To Defendants' Constitutional Rights,
2020
Mitchell Hamline School of Law
Minnesota's Rape Shield Law: A Sword For Prosecutors; A Blow To Defendants' Constitutional Rights, Christina Zauhar, Trent Jonas
Mitchell Hamline Law Review
No abstract provided.
Limiting A Driver’S Limited Right To Counsel In Dwi Proceedings: State V. Rosenbush, 931 N.W.2d 91 (Minn. 2019),
2020
Mitchell Hamline School of Law
Limiting A Driver’S Limited Right To Counsel In Dwi Proceedings: State V. Rosenbush, 931 N.W.2d 91 (Minn. 2019), Lisa Perunovich
Mitchell Hamline Law Review
No abstract provided.
Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends,
2020
UC Hastings College of the Law
Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram
Buffalo Law Review
No abstract provided.
