Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases,
2021
University of Nevada, Las Vegas
Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell
UNLV Theses, Dissertations, Professional Papers, and Capstones
There has been an average of approximately 3.9 death penalty exonerations annually in the United States since 1973 (DPIC, 2021). Wrongful convictions and executions constitute grave and irreversible errors. Studies show official misconduct is one of the leading causes for wrongful convictions and exonerations. Misconduct by police, prosecutors, and judges includes a wide range of behaviors such as coercing confessions, depriving rights to legal counsel, threatening witnesses, and concealing evidence. Operating under the due process model, the adversarial legal system is designed to detect and prevent any procedural violations of defendant’s rights, including official misconduct. Utilizing Packer’s (1964) due process …
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States,
2021
William & Mary Law School
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis
William & Mary Bill of Rights Journal
No abstract provided.
The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission,
2021
William & Mary Law School
The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero
William & Mary Bill of Rights Journal
This Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing …
Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status,
2021
University of Richmond
Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status, Stephen A. Simon
Cleveland State Law Review
The Supreme Court’s 2019 decision in United States v. Haymond shone a light on a practice that has not yet received attention commensurate with its significance: the re-imprisonment of individuals on supervised release without a jury trial. At first blush, the decision is most notable for setting bounds on the government’s ability to re-imprison individuals on supervised release without observing the constitutional rights normally available to defendants in criminal prosecutions. However, examination of the opinions reveals that the decision’s immediate doctrinal impact was quite limited. Moreover, although the three opinions issued in the case reflected disagreements among the Justices, all …
Death-By-Incarceration In Illinois,
2021
Northwestern Pritzker School of Law
Death-By-Incarceration In Illinois, Joseph Dole
Northwestern Journal of Law & Social Policy
No abstract provided.
United States Judicial System Failures And Solutions,
2021
Kutztown University of Pennsylvania
United States Judicial System Failures And Solutions, Braden P. Barker
English Department: Research for Change - Wicked Problems in Our World
For years, the American judicial system has unfairly punished the American people. These actions have led to serious societal consequences. We have prisons that sentence people to harsh punishment for nonviolent offenses, an overfunded and militarized police force, and racial biases that lead to the tragic killings of black people at the hands of the police that are intended to protect and serve us. This essay looks to diagnose the United States judicial system’s woes. More importantly, we take a look at what steps can be taken immediately to begin reversing the negative impact of these issues.
Carrying Trauma From Birth To Work: Adverse Childhood Experiences In Law Enforcement Officers And Their Implications,
2021
Merrimack College
Carrying Trauma From Birth To Work: Adverse Childhood Experiences In Law Enforcement Officers And Their Implications, Stephen Levesque
Criminology Student Work
Previous research has drawn attention to the discrepancies of mental health between civilians and sworn law enforcement officers. The extant literature shows that law enforcement officers suffer from mental health disorders at far greater rates than the general public (Henderson et al., 2015). Most of the literature focuses on the progression of an officer’s law enforcement career. Little is discussed about prior traumatic experiences in the lives of police officers, especially those experiences which leave lasting scars on officers who go on to possibly relive their own trauma through their work. The current research was intended to fill that void. …
Analysis And Investigation Of Solitary Confinement Reforms,
2021
Fordham University School of Law
Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon
SJD Dissertations
No abstract provided.
Career Path: Becoming A Crime Scene Investigator,
2021
Merrimack College
Career Path: Becoming A Crime Scene Investigator, Rebecca Stevens
Criminology Student Work
No abstract provided.
Obtaining A Career With The Federal Bureau Of Investigations (Fbi),
2021
Merrimack College
Obtaining A Career With The Federal Bureau Of Investigations (Fbi), Nicholas Medeiros
Criminology Student Work
No abstract provided.
Police Use Of Force Policies,
2021
Merrimack College
Police Use Of Force Policies, Shannon Moran
Criminology Student Work
No abstract provided.
Can Prosecutors End Mass Incarceration?,
2021
NYU School of Law
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Michigan Law Review
A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.
The Qualified Immunity Paradox And The Sixth Circuit’S Moderwell Opinion: A Harbinger Of Better Things To Come?,
2021
Cleveland-Marshall College of Law, Cleveland State University
The Qualified Immunity Paradox And The Sixth Circuit’S Moderwell Opinion: A Harbinger Of Better Things To Come?, Doron M. Kalir
Law Faculty Articles and Essays
This note discusses the requirement of "clearly-established law," which a plaintiff needs to show in order to overcome a qualified immunity defense. This requirement--in essence, asking a plaintiff to show that someone else in their shoes has already prevailed in similar circumstances--may lead to an infinite regression paradox. The Note discusses this paradox and the ways in which the Supreme Court, and now the Sixth Circuit, have begun to resolve it.
Sometimes They Don't Die: Can Criminal Justice Reform Measures Help Halt Police Sexual Assault On Black Women?,
2021
University of Florida Levin College of Law
Sometimes They Don't Die: Can Criminal Justice Reform Measures Help Halt Police Sexual Assault On Black Women?, Michelle S. Jacobs
UF Law Faculty Publications
In the eighteen months between March 2019 and August 2020, at least eight Black women were murdered by the police. Breonna Taylor was one of them. Officer Brett Hankison, one of the three officers who murdered Breonna Taylor, was eventually discharged from the Louisville Police Department. In the memo discharging him, the police chief cited behavior that amounted to an extreme indifference to the value of human life: Hankison blindly fired ten rounds into the home of Ms. Taylor's neighbor. Additionally, in the aftermath of Ms. Taylor's death, two women came forward and accused Hankison of sexually assaulting them while …
Pretrial Custody And Miranda,
2021
Penn State Law, University Park
Pretrial Custody And Miranda, Kit Kinports
Washington and Lee Law Review
In two recent opinions, Maryland v. Shatzer and Howes v. Fields, the Supreme Court concluded that inmates serving prison sentences were not in custody for purposes of Miranda—in Shatzer’s case while he was living among the general prison population and in Fields’s case while he was undergoing police interrogation. The question addressed in this Article is one that has divided the lower courts in the wake of those two decisions: the impact of the Court’s rulings on the hundreds of thousands of pretrial detainees in this country, many of whom are poor, Black, and Brown. This Article maintains that …
The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates,
2021
Benjamin N. Cardozo School of Law
The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz
Cardozo International & Comparative Law Review
The note examines the impact of the Prison Litigation Reform Act (PLRA) on transgender inmates, focusing on its physical injury requirement, which disproportionately bars access to justice for those with mental or emotional injuries. It highlights the ethical and constitutional concerns arising from the PLRA's application, particularly its unequal treatment of transgender inmates, and advocates for reforms to ensure equitable access to justice.
Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex,
2021
Benjamin N. Cardozo School of Law
Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman
Cardozo International & Comparative Law Review
The note critically examines the tactics used to reduce demand for commercial sex, focusing on the Nordic Model and its implementation in the U.S. It argues that while these tactics aim to deter buyers through shaming and criminalization, they raise ethical, legal, and practical concerns, particularly regarding police misconduct and the impact on marginalized communities. The analysis advocates for a shift toward education and rehabilitation over punitive measures to address the root causes of prostitution.
Preventive Justice: How Algorithms Parole Boards, And Limiting Retributivism Could End Mass Incarceration,
2021
Vanderbilt University Law School
Preventive Justice: How Algorithms Parole Boards, And Limiting Retributivism Could End Mass Incarceration, Christopher Slobogin
Vanderbilt Law School Faculty Publications
A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would be put in jail prior to trial and in prison after conviction, the duration of sentences would be reduced for low-risk offenders, and treatment resources would be more efficiently allocated. As a result, the capital outlays for prisons and jails would be substantially reduced. The public would continue to be protected from the most dangerous individuals, while lower-risk individuals would be less subject to the criminogenic effects of …
Changing The Way We See Modern Policing: Abolition Or Reform,
2021
Benjamin N. Cardozo School of Law
Changing The Way We See Modern Policing: Abolition Or Reform, Kathryn Miller, Marbré Stahly-Butts, Mecole Jordan-Mcbride, Kate Levine, Benjamin Tucker, Kumar Rao
Cardozo Journal of Equal Rights & Social Justice
The symposium examines the historical and systemic roots of mass incarceration in the United States, tracing its origins to the 13th Amendment, Black Codes, convict leasing, and the war on drugs. It critiques the prison industrial complex as a system of oppression rooted in racism, capitalism, and heteropatriarchy, and advocates for transformative reforms to dismantle policing and incarceration. The analysis emphasizes the need to move beyond superficial reforms and instead adopt abolitionist approaches that address the root causes of systemic violence and inequality.
Restorative Federal Criminal Procedure,
2021
U.S. District Court for the District of Massachusetts
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Michigan Law Review
A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.
