A Shred of Light into the District of Columbia’s Juvenile Justice System

The H. Carl Moultrie Courthouse, Superior Court of the District of Columbia

“The reformers who championed the establishment of juvenile courts in the United States envisioned a system in which youthful law violators would receive treatment and other forms of rehabilitation and thereby become productive members of society without forever being tarnished by criminal records as a result of youthful indiscretions.”[1]  This idea has unfortunately largely remained in the abstract; instead, many juvenile offenders face high recidivism rates throughout the United States.  Specifically, “an average of fifty-five percent of youth released from state custody in the United States are rearrested within a year, and an average of twenty-five percent are re-incarcerated in adult or juvenile custody within the same period.”

Why Not to Hate Jury Duty

Jury duty.  Universally dreaded, with sympathy for a friend or colleague who has been called, communicated with a knowing roll of the eyes, and a story about how to get out of it.  There is even a wikihow page entitled, "How to Get Out of Jury Duty."  Yet, jury duty is regarded by courts and civics teachers as one of the most important civic responsibilities a citizen can perform; it has been a crucial part of our democratic system for over 200 years.  The right to a jury trial is a fundamental right afforded by the Sixth Amendment of the United States Constitution, and the Due Process Clause of the Fourteenth Amendment.  A defendant charged with anything more than a petty crime, typically a crime with a penalty of more than six months of incarceration, has a right to trial by jury, made up of between six and twelve of his or her "peers."[1]  Jurors are reflective of the community at large; there is no education requirement, though jurors must be citizens, over the age of eighteen, and fluent in English, with few other restrictions.      

The Downside of Being a Celebrity Prisoner: Protective Custody and its Relation to Solitary Confinement

Aaron Hernandez

On June 27, 2013, former Patriots tight-end Aaron Hernandez was denied bail in his upcoming trial for the murder of Odin Lloyd.  Until his verdict and sentencing, or alternatively a lower bail order from the judge, Hernandez will be confined in a Massachusetts state prison.  For the everyday citizen, this may seem purely procedural.  The accused is taken from the court room to the holding center, where he is then processed and booked.  Most prisoners are then entered into the general population where they await trial.  For Hernandez, a well-known football player with the New England Patriot, the situation is very different.

No Money? No Freedom

On July 16, 2013, nineteen year-old Justin Carter will have his day in court.  But roughly five months ago, the teen was arrested and charged with making a terroristic threat on his Facebook page. He has been in jail ever since.  Carter’s nightmare started when another player in the Facebook game “League of Legends” called Carter “crazy.”  Carter responded with what he believed to be a humorous and witty retort, “I’m f***ed in the head alright.  I think I’ma [sic] shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.”  Just two months after the horrific shootings at Sandy Hook Elementary School, a Canadian woman who saw the post did not find it humorous or witty.  In what some might consider “Facebook stalking,” the woman discovered Carter’s address and noticed that it was close to an elementary school.  She promptly notified police, who then arrested the young teen.  Apparently, Carter’s humor was also lost on the Texas judge who set bond at an astronomical $500,000, which Carter’s family could not afford.

UDC School of Law Professor Andrew Ferguson Weighs in on the Role of Juries and Their Verdicts

On Saturday, July 13, 2013, the jury in the State of Florida v. George Zimmerman returned a verdict of not guilty for second-degree murder and manslaughter for the fatal shooting of Trayvon Martin.  After the jury returned the verdict, an expected flurry of news and social media erupted, some in support of the verdict and many others criticizing it.  Given the contentious issues surrounding the case, a vast amount of media attention has honed into the jury and what occurred during the jury's deliberation.  One can hope that the jury deliberation of the Zimmerman trial was similar to the one that took place in the famous stage play and movie, Twelve Angry Men, where the jurors carefully examined all the evidence in their quest for the truth and banished personal prejudices from their deliberation.  On the other hand, many fear that racial biases may have affected the deliberation of the Zimmerman jury that was made up of five Caucasian women and one Hispanic woman.  Whether the deliberation was similar to that of Twelve Angry Men or corrupted by racial bias, many questions remain.

In his article, "The Zimmerman Trial and the Meaning of Verdicts," Professor Andrew Ferguson of the University of the District of Columbia, discusses the Zimmerman jury, the (at the time undelivered) verdict, as well as juries and their verdicts in general.  

Due Process in the Context of Jones-Farmer Hearings: Implications of Kaley v. United States

On March 18, 2013, the United State Supreme Court granted certiorari in Kaley v. United States.  Docket No. 12-464.  The case represents a complicated but narrow legal issue regarding the scope of a defendant’s right to challenge an order seizing property that the government claims is subject to forfeiture when the defendant asserts that the property is necessary to pay legal fees.  Typically, these seizure orders come during an ex-parte hearing where the government needs to show property is subject to forfeiture based on probable cause.  Those assets are then frozen until the conclusion of an underlying criminal proceeding.  The Federal Circuits permit defendants to challenge the traceability of those assets in post-indictment, pretrial Jones-Farmer hearings.  The Circuits are split, though, as to whether a defendant may challenge the evidentiary support and legal theory of the underlying charges or only the traceability of the property the government claims is subject to forfeiture.  

We Live in This Society, Lets at Least Be Real About It

In 2009, North Carolina enacted the Racial Justice Act (RJA) in an effort to combat implicit racial bias through the use of several possible measures, most significantly, statistical evidence. Later in 2012, the legislature amended the Act aiming to address what appeared to be only explicit bias, in contrast to its original purpose. Under the RJA, courts were permitted to commute the sentences of death row inmates to life in prison without the possibility of parole, upon a showing of racial discrimination.[1]

Murder or Manslaughter: California’s Standard for Provocation

What kind of provocation will suffice to constitute heat of passion and reduce a murder charge to manslaughter in California?  This is the question the Supreme Court of California answered on June 3, 2013, in People v. Beltran.  The government argued that the provocation must be of the sort that would cause an ordinary person of average disposition to kill.  However, the court rejected this argument, relying on the same rationale it adopted nearly one hundred years ago in People v. Logan[1].  The court held that provocation into the heat of passion is sufficient to constitute manslaughter only when an ordinary person of average disposition “would be induced to react from passion and not from judgment.”