Criminal Law

Criminalization and Normalization: Some Thoughts About Offenders With Serious Mental Illness

Richard C. Boldt

Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness Abstract While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks […]

‘Nothing Compares 2 U:’ A Response to Beyond Compare: A Codefendant’s Prison Sentence as a Mitigating Factor in Death Penalty Cases

John H. Blume & Megan E. Barnes

Abstract Response to Jeffrey Kirchmeier, Beyond Compare: A Codefendant’s Prison Sentence as a Mitigating Factor in Death Penalty Cases The argument that the Court’s desire to eliminate arbitrariness in capital sentencing should allow juries to consider co-defendant sentences applies with equal force to juveniles sentenced to life without parole—to whom the Court has applied similar […]

Beyond Compare? A Codefendant’s Prison Sentence as a Mitigating Factor in Death Penalty Cases

Jeffrey L. Kirchmeier

Abstract This Article addresses whether the U.S. Constitution requires courts to permit capital defendants to submit, during sentencing, the mitigating factor that a codefendant for the same murder was sentenced to prison instead of to death. The U.S. Supreme Court has repeatedly stressed the importance of mitigating factors in capital cases. For the most part, […]

Life in Jail for Misbehavior: Criminal Contempt and the Consequences of Improper Classification

Kaley Ree Jaslow

Abstract Contempt is a crime that can be traced back to twelfth century England. It was an offense of disobedience that caused the obstruction of justice, and the punishment of such crimes was deeply important to the English justice system. Subsequent to the American Revolution, early American courts retained the use of contempt. Today, in […]

Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness

E. Lea Johnston

Abstract Roughly 14% of male inmates and 31% of female inmates suffer from one or more serious mental illnesses, such as schizophrenia, bipolar disorder, and major depressive disorder. Policymakers and the public widely ascribe the overrepresentation of offenders with serious mental illness in the justice system to the “criminalization” of the symptoms of this afflicted […]

Coordinating Community Reintegration Services for “Deportable Alien” Defendants: A Moral and Financial Imperative

Written by: Amy F. Kimpel

Abstract Recidivism rates for individuals who are convicted of illegal entry and re-entry (U.S.C. §§ 1325 and 1326) are quite high despite post-sentencing deportations. The “holistic defense” model developed in New York City at the Neighborhood Defender Services and Bronx Defenders has been instrumental in achieving better outcomes for criminal defendants and their communities, in […]