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A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello 2021 Merrimack College

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...


An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella 2021 Merrimack College

An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella

Criminology Student Work

d/Deaf and Hard of Hearing individuals have faced substantial discrimination when it comes to education, healthcare, and employment. This paper argues that discrimination in our criminal justice system is likely no exception. Previous research has shown that d/Deaf and Hard of Hearing inmates are treated unequally while serving time in prison (Vernon, 2010). Rather than using proactive measures to provide appropriate resources within prison, correctional facilities within the U.S. tend to be reactive to the claims of d/Deaf and Hard of Hearing inmates once they are released from prison. There is no literature that I am ...


The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens 2021 Merrimack College

The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens

Criminology Student Work

Forensic interrogation is a vital step in the process of criminal investigations in order to extract information about suspects and the crime at hand. However, tunnel vision, artificial time constraints, lack of thorough training, and noble-cause corruption can influence how an investigator decides to interrogate a suspect or witness. When these influences are exerted on an investigator, the need to secure an arrest and conviction overpowers the need for justice - this results in false confessions and wrongful convictions. This is otherwise known as “the end doesn't justify the means” mindset. This causes investigators to engage in unethical interrogations, whether ...


How Tax Competition May Be Exacerbating Inequalities Among Washington Counties, Fabio Ambrosio 2021 University of St. Thomas, Minnesota

How Tax Competition May Be Exacerbating Inequalities Among Washington Counties, Fabio Ambrosio

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill 2021 University of St. Thomas, Minnesota

Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi 2021 St. Mary's University School of Law

When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession ...


Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon 2021 University of Ottawa's Faculty of Law & Telfer School of Management, Fellow, Hot Docs for Continuing Professional Education, Senior Fellow, Hennick Centre for Business & Law of York University

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the unattended ...


Internal And External Challenges To Culpability, Stephen J. Morse 2021 University of Pennsylvania Carey Law School

Internal And External Challenges To Culpability, Stephen J. Morse

Faculty Scholarship at Penn Law

This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.

The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal ...


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.


Editor’S Foreword, Ava Agree 2021 University of California, Hastings College of the Law

Editor’S Foreword, Ava Agree

Hastings Journal of Crime and Punishment

No abstract provided.


Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores 2021 University of California, Hastings College of the Law

Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores

Hastings Journal of Crime and Punishment

While growing scholarship has been crucial in understanding gang policing’s nature and impacts, there is currently limited research focusing on how policing relies upon fragmenting communities and perpetuating divisions within them. Gang policing claims to respond to conflict and rivalries between “gangs,” but how does this policing produce and perpetuate these community divisions? This paper seeks to understand how gang policing tactics perpetuate divisions and fragment communities while simultaneously producing criminality. This study used a qualitative approach, interviewing eight participants in Berkeley, San Diego, and Los Angeles who are perceived by law enforcement as “gang members” but who self-identify ...


Defunding Prosecutors And Reinvesting In Communities: The Case For Reducing The Power And Budgets Of Prosecutors To Help End Mass Incarceration, Udi Ofer 2021 University of California, Hastings College of the Law

Defunding Prosecutors And Reinvesting In Communities: The Case For Reducing The Power And Budgets Of Prosecutors To Help End Mass Incarceration, Udi Ofer

Hastings Journal of Crime and Punishment

No abstract provided.


A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan 2021 Harvard University, USA

A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide 2021 Sex Industry Kills

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal on Sexual Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in ...


Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar 2021 National University of Study and Research in Law, Ranchi (India)

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal on Sexual Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker 2021 Seattle University School of Law

Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker

Seattle University Law Review

One only has to turn on the television or read the newspaper to see news story after news story reporting instances of women facing harassment, discrimination, or assault while at work. The “Me Too” and “Time’s Up” campaigns have brought many of these issues to the forefront and have shown that women are fighting to be respected and demanding equal treatment. Although this fight for equal protection is ongoing, many women, such as those in lower-paying service industries, are still unable to protect themselves from sexual harassment, discrimination, and assault, as they do not have the support or power ...


School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani 2021 Seattle University School of Law

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Seattle University Law Review

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...


Duress In Immigration Law, Elizabeth A. Keyes 2021 Seattle University School of Law

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in ...


No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin 2021 Seattle University School of Law

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over ...


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