criminal law

The Fall from Grace: Tackling Choice and Moral Culpability in Class

/ ianramseynorth / Leave a comment

“This seems like a philosophical question.”

My classmate was trying to parse the Supreme Court’s reasoning in two cases with similar facts and different outcomes. Our professor did not seem enthusiastic about the prospect of a philosophical discussion. Some professors teach introductory law classes like a foreign language, immersing students in legal syntax and vocabulary until its functioning becomes intuitive and fluid. Imagine trying to teach French students to conjugate a verb while they’re working on a grand theory for the union of sound and thought. You would get further by just drilling, “Je vais à la plage. Tu vas à la plage. Il/Elle/On va à la plage.” So our professor responded with a pointedly practical answer spelling out the officially recognized legal rule at work in the two decisions.

But there was an interesting, philosophical issue beneath the surface of the Court’s reasoning, even if we didn’t have enough time to cover it. These are the two cases:

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Wanted: Termites

/ Brett Gannon / Leave a comment

Anthony Ray Hinton spent thirty years on death row for a crime he did not commit.

Commanding a spellbound crowd on the Boston College Chestnut Hill Campus (where undergraduate classes are), Mr. Hinton took students, faculty, and members of the public through three decades of despair, faith, fury, friendship, and humor. He was often emotional, always passionate, and amazingly graceful. For nearly an hour and a half, it was impossible to think of anything but spending thirty years in a five by seven cell.

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The Brett Kavanaugh Confirmation Should Be A Call to Action for Law Students

/ Caroline Reilly / Leave a comment

Today I am thrilled to host an open letter from the Board of BC Law’s If/When/How Chapter on the Kavanaugh confirmation, our continued support for sexual assault survivors, and what comes next in this fight.

As the board of BC Law’s If/When/How chapter, we think it is important to say publicly, and unequivocally, that we believe Christine Blasey Ford, Deborah Ramierez, and Julie Swetnik. We believe Brett Kavanaugh lacks the moral character and the temperament to be not only a Supreme Court Justice, but a judge. We are sickened by his appointment to the Supreme Court, and strongly condemn it.

Brett Kavanaugh represents the worst of everything the legal profession has to offer; he is a living manifestation of white privilege, male privilege, class privilege, and rape culture. He also represents an opportunity for lawyers and law students to do better; to improve our profession so that the next generation of law students, lawyers, and clients – anyone who interacts with our justice system – enjoys a fairer legal process that recognizes the many modes of marginalization in our society and outright rejects sexual violence of any kind as acceptable behavior. Kavanaugh’s rise to prominence and the current climate surrounding the allegations against him illustrate the desperate need for lawyers to recognize their crucial role as advocates for sexual assault survivors. Lawyers are the advocates on the frontlines of justice — taking and trying survivors’ cases, working with them to ensure they’re protected, be it through securing restraining orders or helping to file charges against assailants.

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An Update from New Orleans

/ Alex Bou-Rhodes / Leave a comment

I have the privilege of spending my summer in New Orleans, working on indigent capital appeals. A lot of my day is spent in the organization’s library, digging into criminal law research questions. I’ve also had the opportunity to join an attorney at a status conference for a federal civil suit challenging the heat conditions on death row, and to visit some of our clients there.

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This is my house for the summer, a carriage house converted into a studio. A few things about New Orleans: it’s humid (imagine living in the moment when you step out of a hot shower), the streets flood (past your ankles), the cockroaches are prolific (and big), and it’s one of the most amazing cities I’ve been in.

I’m looking forward to the next eight weeks here, learning more about the city and meeting more incredible attorneys who are dedicating their lives to saving those of others.

A Thin Yellow Line

/ Brendan McKinnon / 1 Comment

This spring, BC Law Impact is excited to present guest posts from current students about the factors that drove them to BC Law and the impact the community has had on their lives. Today’s post comes from 2L Hannah Jellinek.

Cheshire Correctional Institution sits atop an uncharacteristically tall hill given the generally flat land surrounding the prison. Perhaps because of this elevation, the long thin driveway, and the large red brick façade, the prison has a haunting and overwhelming presence. The front doors lead to a separate world. One where razor sharp barbed wire sits on top of chainlink fences and seemingly cuts into the bright blue skies and puffy white clouds. One where you see kids running around freely, smiling and laughing, but then realize their obstacle course and hide and seek spots are the long wooden benches of the visitation room. The Cheshire world is separate from the small houses of the town, separate from the run-down basketball courts across the street, separate from what I have previously known outside of the gates.

Once I go through the weekly routine of submitting my license, clearing the metal detector, and gathering the light pink VISITOR pass, I walk out of the waiting room and through the lobby. A bright yellow line on the dark brown floors divides the hallways of Cheshire. It is what separates us from them. The free individuals who can decide their next step, their next meal, their next shower, from those on the other side of the line who decide nothing.

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The One Shift That Could Change the War on Drugs

/ Brendan McKinnon / Leave a comment

After I wrote about the failures of the War on Drugs for BC Law Magazine last semester I waited anxiously for the backlash. I spent ten years in the U.S. Coast Guard before law school, six of them chasing international drug cartels at sea, and I had the opportunity to work with some of the most professional and dedicated military and law enforcement personnel in the world. I was terrified about how they’d respond when I called the drug war a “lost cause,” and it took less than a day for the responses to start flooding my inbox. The volume wasn’t surprising, but the content shocked me.

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Behind Closed Doors

/ Alex Bou-Rhodes / Leave a comment

When people asked me about my summer (How was work? Did you like what you did?), I found it difficult to provide an adequate account of what I was doing. I spent my summer with the Child Protection Unit at the Suffolk County District Attorney’s office. The Assistant District Attorneys (ADAs) there form part of the team that investigates and, if appropriate, prosecutes instances of child physical and sexual abuse in Suffolk County, which includes Boston, Revere, Chelsea, and Winthrop. At the Superior Court level almost all of the cases they handle deal with allegations of sexual abuse involving children. To be clear, the following will include a discussion of those cases, and some of it may be difficult to read. Continue reading →

A Film to Make Our Alma Mater Proud

/ Marcus Nemeth / Leave a comment

I am pleased to host a guest post today from Vincent Lau, BC Law ’97. Alumni, please note that the Sung sisters will be special guests speakers for the Alumni Assembly at this year’s Reunion on November 3. If this is your reunion year, we hope you will attend! ABACUS will be screened earlier that day on the Law School campus, and the Rappaport Center will also host a panel discussion after the screening, open to all.

ABACUS premieres on PBS Frontline on September 12.

I was recently invited to a special screening of the new PBS documentary film ABACUS: Small Enough to Jail. First of all, a disclaimer: this is not a film review. I have no credentials to dissect whether ABACUS was well done from a technical or an artistic standpoint. What I can share are my reactions, and this documentary resonated with me on several fronts. The fact that the story (and film) involves several BC Law alumnae makes it even more compelling for our community. I would encourage everyone to go see it.

Abacus is a community bank located in the heart of New York’s Chinatown. Thomas Sung, an immigrant and a lawyer, opened the bank so that he could meet the needs of the people there. He later convinced two of his four daughters (one a BC Law alum) to join him, by arguing that working in a community bank lending money to local entrepreneurs is an important and effective way of giving back to the community. Continue reading →

Unlock the Vote: Restoring Felons’ Rights

/ Alex Bou-Rhodes / Leave a comment

In April, I had the privilege of presenting a talk to the Boston College community as part of BC’s Graduate Student’s Association’s program GradTalks. It’s an annual event that provides a forum for a diverse selection of graduate students to present ideas that interest them. I spoke about felon disenfranchisement, and what we have to do in Massachusetts to overcome barriers to voting rights.

Watch the video after the jump.

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Criminal Justice Reform Tackled at BC Law

/ Maria Colella / Leave a comment

At BC Law, your education does not only consist of the material you learn in your courses. BC hosts many conferences, functions, presentations, and discussions on just about every subject you can think of, from panels put on by professors addressing recent political actions to all-day events sponsored by BC’s journals and the Rappaport Center for Law and Public Policy. Recently, the Rappaport Center sponsored an all-day conference on criminal justice reform in Massachusetts that was open to both students and practitioners. There were three panels as well as a keynote address by Chief Justice Ralph D. Gants of the Massachusetts Supreme Judicial Court.

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