scholarly journals Judicial Restoration of Rights as an Auxiliary to the Pardon Power

2021 ◽  
Vol 33 (5) ◽  
pp. 328-334
Author(s):  
JaneAnne Murray
Keyword(s):  
Digital Age ◽  
Federal Court ◽  
Court System ◽  
Criminal Records ◽  
Collateral Consequences ◽  
Criminal Convictions

This essay outlines the pressing need for a robust use of pardon power to address the cascading consequences of criminal convictions. It argues that a scalable auxiliary to presidential pardon power is a legislative scheme that harnesses the federal court system to conduct individualized reviews and adjudications of petitions for the restoration of rights. In the digital age, where nothing can be truly forgotten, these judicial certifications of rehabilitation, coupled with clear prohibitions on considering criminal records, are the most effective way to address the profound collateral consequences of criminal convictions.

Is It Worth the Costs? Using Cost-Benefit Analysis to Minimize the Collateral Consequences of Convictions

2011 ◽  
Vol 24 (1) ◽  
pp. 80-81
Author(s):  
Valerie Levshin
Keyword(s):  
Justice System ◽  
Cost Benefit Analysis ◽  
Cost Benefit ◽  
Primary Concern ◽  
Benefit Analysis ◽  
Criminal Records ◽  
Collateral Consequences ◽  
Scarce Resources ◽  
Criminal Convictions ◽  
Public Benefits

The collateral consequences of criminal convictions are costly for convicted individuals, victims, taxpayers, and society as a whole. Many of these costs are above and beyond the initial sentence, and they have far-reaching consequences. People with criminal records often struggle to find jobs, attend college, receive public benefits, and vote. Many reoffend, which places a high-priced burden on the victims, the surrounding community, and the taxpayers who fund the justice system. Fortunately, programs and policies can address these effects. But debates surrounding these programs and policies are often dominated by one of two perspectives: either a focus on the anticipated benefits or a primary concern with costs. Cost-benefit analysis can be an enormously helpful tool for policymakers when assessing the merits of a program and determining whether to invest scarce resources in criminal justice programs and policies.

scholarly journals The Forensic Engineer in State and Federal Court

2014 ◽  
Vol 31 (2) ◽  
Author(s):  
Richard M. Ziernicki
Keyword(s):  
United States ◽  
Legal System ◽  
Expert Witness ◽  
Federal Court ◽  
The United States ◽  
Court System ◽  
Civil Lawsuits ◽  
Forensic Engineering ◽  
And Function

This paper outlines the legal system in the United States, the different types of courts, the differences between criminal and civil law, and the role of forensic engineering experts involved in civil lawsuits. After providing a summary of relevant procedures employed by civil and criminal courts, the paper describes the basic principles and requirements for the selection and work of a forensic engineering expert in both the state and federal court system. This paper outlines the role and function of forensic experts (specifically forensic engineers), in the United States court system. It is not a treatise on the legal system but on the role of experts. The paper presents the requirements typically used in today’s legal system to qualify a forensic engineer as an expert witness and to accept his or her work and opinions. Furthermore, this paper discusses who can be an expert witness, the expert’s report, applicable standards, conducted research, engineering opinions, and final testimony in court — and how those elements fit into the legal system. Lastly, the paper describes the concept of spoliation of evidence.

scholarly journals In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions

2017 ◽  
Author(s):  
Kevin C. Walsh
Keyword(s):  
Supreme Court ◽  
Federal Court ◽  
Structural Relationship ◽  
State Court ◽  
Court Decisions ◽  
Court System ◽  
Federal Law ◽  
Federal Judiciary ◽  
Federal Jurisdiction ◽  
In The Beginning

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed with the Act. It provided for Supreme Court appellate review of certain state court decisions denying the federal-law-based rights of certain litigants.

The Other Consequences of Conviction

2019 ◽  
pp. 3-31
Author(s):  
Zachary Hoskins
Keyword(s):  
The Other ◽  
Criminal Records ◽  
Collateral Consequences ◽  
Different Types ◽  
Legal Consequences

This chapter sets out the numerous different types of collateral legal consequences (CLCs) facing people with criminal records, including restrictions on employment, housing, welfare, and the vote. It distinguishes CLCs from the myriad informal collateral consequences experienced by offenders. Then it discusses various dimensions along which particular CLCs may be distinguished, such as their content, scope, and duration. It makes the case that CLCs raise serious moral challenges, which require greater attention from moral, legal, and political philosophers than they have received to date. The chapter concludes with an overview of the remainder of the book.

Court on Camera: Television Coverage of Australian Legal Proceedings

2001 ◽  
Vol 100 (1) ◽  
pp. 115-127
Author(s):  
Jane Johnston
Keyword(s):  
New Zealand ◽  
Federal Court ◽  
Court System ◽  
Legal Analysis ◽  
Legal Proceedings ◽  
The Past ◽  
Legal Perspective ◽  
International Environment ◽  
The Media ◽  
Television Coverage

Despite widespread legal analysis and critical review over the past 20 years, television access into the Australian court system has been slow and piecemeal, with Australia falling behind Canadian and New Zealand initiatives in this area. A recent major report into camera access in the Federal Court has refocused attention on this area, but analysis continues to be primarily from a legal perspective rather than a media one. This paper considers the televised court coverage in Australia to this point, analyses change in the international environment and suggests possible futures for the televising of Australian courts, while also attempting to lay some foundations for discussion beyond the legal, and into the media, domain.

Diminishing Democracy in Health Policy: Partisanship, the Courts, and the End of Health Politics as We Knew It

2020 ◽  
Vol 45 (5) ◽  
pp. 757-769
Author(s):  
James A. Morone
Keyword(s):  
Health Care ◽  
New Deal ◽  
Affordable Care Act ◽  
Federal Court ◽  
Legislative Process ◽  
Court System ◽  
New Era ◽  
Health Politics ◽  
Health Care Politics ◽  
Slow Rise

Abstract Despite unprecedented partisanship, the Affordable Care Act (ACA) traced a familiar political arc: a loud debate full of dramatic symbols, a messy legislative process, clashes over implementation, a slow rise in popularity, entrenchment as part of the health care system, and growing support that blocked Congress from repealing. The politics of the ACA looked, from one angle, like a louder version of health politics as usual. But something new was stirring. Opponents pushed the debate outside the elected branches of government and into the courts—a move that reflects past eras of highly racialized conflict. A federal court marked the ACA's tenth anniversary by doing what Congress could not: it struck down the law, although the litigation continues to wend its way through the court system. The ongoing challenge to the ACA rests on a fundamental critique of the entire New Deal dispensation in jurisprudence. The consequence could be a new era in health care politics.

scholarly journals The Judicial System in the Digital Age: Revisiting the Relationship between Privacy and Accessibility in the Cyber Context

2011 ◽  
Vol 56 (2) ◽  
pp. 289-316 ◽  
Author(s):  
Karen Eltis
Keyword(s):  
Social Life ◽  
Digital Age ◽  
Digital Information ◽  
Court System ◽  
Judicial Process ◽  
Use Of Technology ◽  
Open Court ◽  
Narrow View ◽  
The Relationship ◽  
Current Preference

Despite technology’s reach into all parts of social life, its effects on the judiciary have been under-theorized. The “Digital Age”, and unfettered usage and access to digital information, will have untold effects on core values of judicial independence, impartiality and the delicate balance between privacy and the “open court” principle. Technology—as well as the dramatically increased availability of information of all kinds and quality—is distorting the judicial process and its outcomes. It is of primary importance, therefore, to identify the broad issues that emerge from the growing use of technology, and to provide a theoretical basis for adjudicating the ongoing tension between privacy and transparency in the judicial setting. Too often the judiciary pits privacy against the “open court” principle and accepts a culturally narrow view of what constitutes privacy and how it affects the judicial process. In particular, this article investigates the effects of online court documents to establish why, despite the current preference for openness and transparency, a contextualized understanding of privacy is desirable. Indeed, if we rethink privacy within the cyber context, it can be considered an ally of openness in the court system.

Immigrants in the Federal Court System

2018 ◽  
pp. 248-259
Author(s):  
Amanda Pierson ◽  
Daniel E. Martínez
Keyword(s):  
Federal Court ◽  
Court System
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