Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on female youth age 14-18
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on sexual minority youth
The Viability Of An Insanity Defense In Federal Revocation Proceedings,
2012
University of Florida Levin College of Law
The Viability Of An Insanity Defense In Federal Revocation Proceedings, Donna L. Eng
UF Law Faculty Publications
It's not an uncommon scenario: your client, who suffers from mental health issues, was given a probationary sentence. While on probation, your client stops taking his medication and has a mental breakdown in a public location. The police are called, and instead of just being involuntarily committed pursuant to the Baker Act, your client is also charged with violating the terms of his probation as a result of his interactions with the officers on scene.
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court,
2012
University of Arkansas Little Rock
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth
University of Arkansas at Little Rock Law Review
A guilty plea by a defendant is more than an admission of conduct; it is the nail in the coffin that closes the case and results in conviction. Despite the critical importance of this moment, Arkansas district and circuit courts are more commonly taking guilty pleas from defendants by video teleconferencing (VTC) instead of requiring defendants to be physically present in the courtroom. This essay sets forth three separate arguments in support of the notion that a guilty plea to a criminal offense by VTC without the defendant being present in open court is invalid as a matter of Arkansas …
Theorizing Mental Health Courts,
2012
University of Florida Levin College of Law
Theorizing Mental Health Courts, E. Lea Johnston
UF Law Faculty Publications
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, to resolve significant normative conflict. In essence, mental health courts express values fundamentally at odds with those underlying the traditional criminal justice system. Furthermore, the sufficiency of rehabilitation, as this concept appears to be defined by mental health court advocates, depends on the validity of …
Expectations Of Privacy In Social Media,
2012
University of Oklahoma College of Law
Expectations Of Privacy In Social Media, Stephen E. Henderson
Faculty Articles
This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy …
Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability,
2012
The Catholic University of America, Columbus School of Law
Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability, Marcia Narine
Catholic University Law Review
No abstract provided.
Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists,
2012
Benjamin N. Cardozo School of Law
Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam
Articles
No abstract provided.
The Rise, Decline And Fall(?) Of Miranda,
2012
University of Michigan Law School
The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar
Articles
There has been a good deal of talk lately to the effect that Miranda1 is dead or dying-or might as well be dead.2 Even liberals have indicated that the death of Miranda might not be a bad thing. This brings to mind a saying by G.K. Chesterton: "Don't ever take a fence down until you know the reason why it was put up."4
Confrontation And Forensic Laboratory Reports, Round Four,
2012
University of Michigan Law School
Confrontation And Forensic Laboratory Reports, Round Four, Richard D. Friedman
Articles
Crawford v. Washington radically transformed the doctrine governing the Confrontation Clause of the Sixth Amendment to the Constitution. Before Crawford, a prosecutor could introduce against an accused evidence of a hearsay statement, even one made in contemplation that it would be used in prosecution, so long as the statement fit within a "firmly rooted" hearsay exception or the court otherwise determined that the statement was sufficiently reliable to warrant admissibility. Crawford recognized that the Clause is a procedural guarantee, governing the manner in which prosecution witnesses give their testimony. Therefore, a prosecutor may not introduce a statement that is testimonial …
The Sky Is Still Not Falling,
2012
University of Michigan Law School
The Sky Is Still Not Falling, Richard D. Friedman
Articles
Cases since Crawford have mainly fallen into two categories. One involves accusations of crime, made by the apparent victim shortly after the incident. In Michigan v. Bryant, a majority of the Court adopted an unfortunately constricted view of the word "testimonial" in this context. That decision was a consequence of the Court having failed to adopt a robust view of when an accused forfeits the confrontation right. How the Court will deal with this situation-one mistake made in an attempt to compensate for another-is a perplexing and important question. This Essay, though, concentrates on the other principal category of post-Crawford …
Who Said The Crawford Revolution Would Be Easy?,
2012
University of Michigan Law School
Who Said The Crawford Revolution Would Be Easy?, Richard D. Friedman
Articles
One of the central protections of our system of criminal justice is the right of the accused in all criminal prosecutions "to be confronted with the witnesses against him." It provides assurance that prosecution witnesses will give their testimony in the way demanded for centuries by Anglo-American courts-in the presence of the accused, subject to cross-examination- rather than in any other way. Witnesses may not, for example, testify by speaking privately to governmental agents in a police station or in their living rooms. Since shortly after it was adopted, however, the confrontation right became obscured by the ascendance of a …
Electronic Evidence In Canada,
2012
Dalhousie University Schulich School of Law
Electronic Evidence In Canada, Robert Currie, Steve Coughlan
Articles, Book Chapters, & Popular Press
This chapter discusses the issues surrounding electronic evidence in Canada. Topics discussed include the best evidence rule, electronic signatures, web-based evidence, and video-tape and security camera evidence. In addition rules around protection of privacy, discovery, and confidentiality are pursued. Finally the chapter also considers the many issues which arise around gathering electronic evidence in the criminal context, including wiretaps, general warrants, and searches of computers and cell phones.
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation,
2012
Duke Law School
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
Faculty Scholarship
No abstract provided.
False Convictions,
2012
University of Michigan Law School
False Convictions, Phoebe C. Ellsworth, Samuel R. Gross
Book Chapters
False convictions have received a lot of attention in recent years. Two-hundred and forty-one prisoners have been released after DNA testing has proved their innocence, and hundreds of others have been released without DNA evidence. We now know quite a bit more about false convictions than we did thirty years ago - but there is much more that we do not know, and may never know.
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder,
2012
University of Virginia
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Buffalo Law Review
No abstract provided.
Race, Brain Science, And Critical Decision-Making In The Context Of Constitutional Criminal Procedure,
2012
Seattle University School of Law
Race, Brain Science, And Critical Decision-Making In The Context Of Constitutional Criminal Procedure, Christian M. Halliburton
Faculty Articles
This article surveys current and emerging neuroscience research that is uncovering deep cognitive-level and unconscious connections between race or racial constructs, perception, and decision making. Using those findings as a platform for consideration, the article addresses several implications that these cognitive patterns might have for the particular kinds of perceptual experiences and decision making opportunities that are relevant in the context of criminal law enforcement and police procedure, and begins to evaluate the influence that these cognitive trends may have on the development of specific legal regulatory mechanisms and their application to the larger law enforcement complex.
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors,
2012
University of Colorado Law School
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray
Publications
Prosecutors, like most Americans, view the criminal-justice system as fundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices--and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors--contribute to the staggering and disproportionate incarceration of black …
Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security?,
2012
University of Colorado Law School
Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security?, Wadie E. Said
Publications
Aziz Rana's article presents clearly the overlooked but crucial question of "Who Decides on Security?" Namely, is determining who or what groups constitute a threat something that we are capable of making ourselves, or must we necessarily cede that authority to those in power-who supposedly have both the access to knowledge and the ability to understand it-to protect us from threats we cannot perceive? Using Rana's historical analysis as a framework, this Article builds on his thesis to show how the wide latitude granted to the conclusions of the Executive Branch's national security specialists in political matters has migrated into …
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence,
2012
University of Michigan Law School
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross
NYLS Law Review
No abstract provided.
