STLR Forum

/Human Rights
­

Dostoevsky as Juvenile Justice Advocate and Progenitor of Therapeutic Justice

By: Professor Amy D. Ronner J.D. Ph.D., Professor of Law, St. Thomas University School of Law.

Abstract

Undeniably, the physical and psychological abuse of children is a recurrent theme in Fyodor Dostoevsky’s fiction and journalism, particularly in The Brothers Karamazov and A Writer’s Diary.  In three parts, this paper explores Dostoevsky’s fixation with childhood suffering and […]

February 28th, 2018|Abstracts, Family Law, Human Rights, Latest Articles|0 Comments

Black & Poor: The Grave Consequences of Utah v. Strieff

By: Chanae Wood, J.D. Candidate, May 2018, St. Thomas University School of Law.

Abstract

The Supreme Court’s decision in Utah v. Strieff proves to chip away at Fourth Amendment rights, yet again. In Strieff, the Unites States Supreme Court ruled that an arrest warrant is an attenuating circumstance that will purge an illegal stop. This ruling incentivizes […]

Sexual Assault: Where Should Liability End?

By: Elizabeth Irazabal, Managing Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

We are living in troubling times. It seems as though for the last several months, we constantly wake up to new allegations. We wake up to new stories of victims coming forward after years of silence to confront his or her perpetrator. […]

February 14th, 2018|Blog, Criminal Law, Human Rights, Latest Articles|0 Comments

Prejudice or Not?: Next-Of-Kin Exception to Florida’s Sequestration Requirement Unfairly Prejudices Opposing Parties in Criminal Lawsuits

By: Ashley-Ann Bryan, J.D. Candidate, May 2019, St. Thomas University School of Law.

The Florida Rules of Evidence govern the activities of witnesses in lawsuits by sequestering active witnesses from the trial and other witnesses. However, there are four categories of witnesses whom are not subject to exclusion from the courtroom. Particularly, one such category includes the […]

October 27th, 2017|Blog, Cases, Criminal Law, Human Rights|0 Comments

Using Common Sense When Analyzing What Qualifies as a Crime Involving Moral Turpitude

By: Curtis Wurster, J.D. Candidate, May 2018, St. Thomas University School of Law.

Under federal law, it is a federal crime to misrepresent a social security number to be one’s own “for any … purpose”. Furthermore, whoever, for the purpose of obtaining a benefit to which they are not entitled, willfully, knowingly, and with intent to deceive, […]

October 24th, 2017|Blog, Cases, Criminal Law, Human Rights, Immigration|0 Comments

Incompetence and the Members of the Jury

By: Jennifer Garcia, J.D. Candidate, May 2019, St. Thomas University School of Law.

There is no doubt that the legal process is a complicated one and that not everyone who is not trained in the legal profession can adeptly follow the proceedings that take place inside a courtroom. However, when it comes to depriving someone of their […]

October 21st, 2017|Blog, Cases, Criminal Law, Human Rights|0 Comments

Indigent Defendants’ Inability to Afford Bail

By: Brandon Greene, J.D. Candidate, May 2018, St. Thomas University School of Law.

Indigent defendants are required to “pay more than they can afford” to be released on bail. Scholars believe that the money-bail system mostly traps low-risk indigent defendants. These low-risk indigent defendants are charged with offenses such as shoplifting, traffic violations, loitering, and drinking in […]

October 14th, 2017|Blog, Criminal Law, Human Rights|0 Comments

Ripping Families Apart—The Illusory Protections of the Indian Child Welfare Act of 1978

By: Franklin Sandrea-Rivero, J.D. Candidate, May 2019, St. Thomas University School of Law.

“Breakfast!!!”—you yell at the top of your lungs as you prepare to serve your children with a helping of scrambled eggs and pancakes before they head to school. You smile, as you watch your children scarf down as much food as they can before […]

October 13th, 2017|Blog, Family Law, Governments, Human Rights|0 Comments

“Whoever Wants to Fight for the United States, Should Not be Discriminated Against”

By: Yesenia Alfonso, Member-Candidate, J.D. Candidate, May 2019, St. Thomas University School of Law.

On July 26, 2017 President Donald J. Trump (“President”), tweeted, “United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming victory and cannot be burdened […]

Jail: The 21st Century Mental Asylum

By: Elizabeth Irazabal, Managing Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The days of the “traditional” mental asylum have long been numbered. The image of a mental asylum filled with individuals strapped into white jackets, surrounded by rubber walls, with nurses roaming the ward has slowly transitioned into the image of inmates in […]

September 22nd, 2017|Blog, Criminal Law, Human Rights|0 Comments