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Sessions by Date & Time:
4:00pm - 8:00pm Registration
10:45am - 12:00pm Plenary Session: The Competitive Advantage of Grounded Scholarship: Finding New Opportunities and New Reasons to Bridge the Gap between Academics and PractitionersChief Justice John Roberts stated, “I think it’s extraordinary these days — the tremendous disconnect between the legal academy and the legal profession. They occupy two different universes. What the academy is doing, as far as I can tell, is largely of no use or interest to people who actually practice law.” This panel challenges this assertion by looking at projects that successfully utilize scholarship in practice. It offers practitioners and scholars an opportunity to learn about how scholarship can add value to practice, and practice can inform new scholarship. Panelists will discuss new services that exist to translate legal scholarship into relevant and usable forms that offer real tactical advantages for knowledgeable practitioners, as well as discuss lessons from successful scholar/practice collaborations. This panel will include an interactive dialogue to help practitioners find legal resources helpful to particular client issues.
12:00pm - 1:45pm Monday's Luncheon
2:00pm - 3:30pm Plenary Session: Fresh Ideas for Intractable Problems in Criminal Law This plenary session—the sole plenary to include panelists selected from a call for proposals—offers new solutions to seemingly intractable problems in the criminal justice system, with an eye on solutions that are practical, cost-effective, and capable of achieving broad support. How to address the “hidden” problem of misdemeanor convictions, and add teeth to the right to counsel, are just two of the topics that will be addressed.
9:15am - 10:30am Plenary Session – The End of Criminal Justice as We Know It?: The Impact of Science on Criminal Law and ProcedureThis panel will analyze how technological and scientific developments are affecting law enforcement, adjudication of crimes and sentencing. Among the issues addressed will be the impact of GPS tracking, camera and drone surveillance, and computer-based data mining on Fourth Amendment law; the impact of improvements in forensic science, including DNA analysis, on discovery, jury decision-making and other aspects of the criminal process; the impact of neuroscience on determinations of criminal responsibility; and the impact of risk assessment science on sentencing and release decision-making.
10:45am - 12:15pm Works-in-Progress
2:00pm - 3:30pm Plenary Session - Discretion as the Exercise of Prudence or an Abuse of Power?: Evaluating and Regulating the Judgments of Police and ProsecutorsDiscretion is a significant source of the power that police and prosecutors have, and also an essential component of their effectiveness. The judgments they make about how to allocate resources, who they will stop or arrest, whether to bring charges, and
when to negotiate cooperation and plea deals have broad impact on both individual defendants and the criminal justice system. Yet while discretion pervades the investigation and prosecution of crime, it largely evades scrutiny. Panelists will address the empirical study of discretionary decision-making, the key points where it is exercised, and how it might be regulated.
9:00am - 10:15am Plenary Session - A Man’s Castle?: The State, Crime, and the HomeThe home—once the most private of spheres, given special protection in criminal law and under the Fourth Amendment—is increasingly becoming a place of both state intervention and state surveillance. For example, violence and marital rape in the home is no longer just a private affair. At the same time, state access to the home—through surveillance, through consent, and through administrative searches—has never been easier. What are we to make of the growing intersection of criminal justice issues and family law? What are we to make of the shifting relationship between the state, crime, and the home? And what are the collateral consequences of this shift? This panel will explore these and other questions.
10:30am - 12:00pm Works-in-Progress
2:00pm - 4:00pm Plenary Session - Mass Incarceration, Criminal Sentencing, and the Politics of Crime and PunishmentMass incarceration, with its staggering human and financial costs, ranks among the most urgent challenges facing U.S. criminal justice systems. Sentencing law and practice, including mandatory minimum sentences, “three strikes” laws, and limits on judicial discretion, have contributed to the problem. But in recent years lawmakers also have turned to sentencing as part of the solution, with some states reducing penalties, emphasizing alternatives to incarceration, and reforming “back end” reentry and revocation. This panel will analyze how changes in sentencing law, policy, and procedure might counteract mass incarceration. At the same time, panelists will consider how the politics of crime and punishment fuel punitive sentencing laws, and the moral and practical challenges in reconciling proposed reforms with public opinion.
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