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Articles 1 - 30 of 291
Full-Text Articles in Entire DC Network
Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton
University of the District of Columbia Law Review
No abstract provided.
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Dr. David Milward
The reliance of the Canadian criminal justice system on adversarial procedures and incarceration is not very effective or productive when dealing with Aboriginal crime. Restorative justice is often presented as a more constructive way of dealing with Aboriginal crime, and as a solution to Aboriginal over-incarceration. There have however been recent criticisms made against restorative justice that call into question its effectiveness as a medium of social control. These criticisms have the potential to enter policy discourses on justice and frustrate Aboriginal aspirations regarding the use of restorative justice. Restorative justice, notwithstanding the criticisms, still has the potential to provide …
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
American University Law Review
This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.
The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
William & Mary Law Review
No abstract provided.
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Scholarly Works
Defendants in criminal cases are overwhelmingly more likely to plead guilty than to go to trial. Presumably, at least a part of the reason that most of them do so is that it is in their interest to plead guilty, i.e., they will receive a more favorable outcome if they plead guilty than if they go to trial. The extent to which pleas reflect fair or rational compromises in practice, however, depends upon a variety of factors, including the amount of information each of the parties has about the case. Some level of informational symmetry therefore is critical to the …
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Alexandra Natapoff
The Right Thing For Juveniles, Tamar R. Birckhead
The Right Thing For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.
United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton
United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton
Margaret M. Lawton
No abstract provided.
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Criminal Justice Faculty Research
Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
University of Richmond Law Review
No abstract provided.
The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball
The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball
Criminal Justice Faculty Publications and Presentations
One of the problems facing the criminal justice system is unwarranted disparity as a result of unbridled discretion. Although disparity, by itself, does not necessarily indicate a problem in the criminal justice system, disparity unwarranted does present a problem. Disparity becomes unwarranted when, controlling for legal factors, extralegal factors such as race/ethnicity, gender, and age influence court processing decisions. The greater the discretion one possesses, the higher the likelihood of unwarranted disparity in one’s decisions (Albonetti, 1991; Meeker, Jesilow, & Aranda, 1992; Bushway & Piehl, 2001). Within the criminal court system, judicial discretion in sentencing has received the most scrutiny.
Exacerbating Injustice, Stephanos Bibas
Exacerbating Injustice, Stephanos Bibas
All Faculty Scholarship
This brief essay responds to Josh Bowers' argument that criminal procedure should openly allow innocent defendants to plead guilty as a legal fiction. Though most scholars emphasize the few but salient serious felony cases, Bowers is right to refocus attention on misdemeanors and violations, which are far more numerous. And though the phrase wrongful convictions conjures up images of punishing upstanding citizens, Bowers is also right to emphasize that recidivists are far more likely to suffer wrongful suspicion and conviction. Bowers' mistake is to treat the criminal justice system as simply a means of satisfying defendants' preferences and choices. This …
Legitimating Criminal Justice Through Community Engagement: Lessons From The Jury Experience, Mark Findlay
Legitimating Criminal Justice Through Community Engagement: Lessons From The Jury Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
Fundamentally justifying the jury is the opportunity it provides for community participation in criminal justice and the legitimation function that offers. Indeed, a strong political motivation for the recent introduction of jury trial in several transitional jurisdictions is the public confidence it transfers to the system at large. Recent research on juror comprehension and satisfaction suggests the possibility of interrogating the participation/confidence nexus more intricately. This note argues that it is the quality of the participation and the participant satisfaction which eventuates that predicts juror confidence. Where the legitimacy of criminal justice through juror participation is to be maximised then …
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
William & Mary Law Review
No abstract provided.
Everyone Deserves Defense, Peter Keane
Everyone Deserves Defense, Peter Keane
Publications
In his decades as a public defender, Peter Keane represented murderers and other criminals as skillfully as he could – even when he knew they were guilty . Keane believes every one, no matter what they’ve done, deserves to have somebody on their side.
Linkage And The Deterrence Of Corporate Fraud, Miriam Baer
Linkage And The Deterrence Of Corporate Fraud, Miriam Baer
Faculty Scholarship
No abstract provided.
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
W&M Law Student Publications
No abstract provided.
Criminal Justice Federalism And National Sex Offender Policy, Wayne A. Logan
Criminal Justice Federalism And National Sex Offender Policy, Wayne A. Logan
Scholarly Publications
This paper, part of a symposium, examines the federal government's sustained effort to recast state policies regarding sex offender registration and community notification laws. While commentators have typically focused on federal Commerce Clause-based incursions on state criminal justice authority, with registration and notification the U.S. has invoked the Spending Clause, a less controversial yet more invasive strategy, driving outcomes nationwide, not merely within the federal system alone. As a result, borrowing from Justice Harlan, the U.S. has "fasten[ed] on the States federal notions of criminal justice" in a major way.
After providing an overview of the historic reluctance of the …
Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez
Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez
Buffalo Intellectual Property Law Journal
No abstract provided.
Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave
Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave
Publications
This essay examines an Italian sexual assault case that received significant media attention. The Corte d'appello of Cagliari concluded that the defendant was not entitled to a reduced sentence when he was convicted of sexually assaulting his fourteen-year-old stepdaughter. On review, the Third Section of Italy's Corte diCassazione held that the lower court's refusal was erroneous. Cassazione faulted the appellate court for failing to consider that the victim had already engaged in sexual activity with others. This case illustrates how changing rape laws on the books does not always bring about immediate change in attitudes. Indeed, notions of chastity and …
Fantasy Crime: The Role Of Criminal Law In Virtual Worlds, Susan W. Brenner
Fantasy Crime: The Role Of Criminal Law In Virtual Worlds, Susan W. Brenner
School of Law Faculty Publications
This article analyzes activity in virtual worlds that would constitute crime if they were committed in the real world. It reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. The article then analyzes the criminalization of virtual conduct that inflicts “harm” in the real world and virtual conduct that only inflicts “harm” in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. Finally, it analyzes the necessity and propriety of criminalizing the second …
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja Starr
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja Starr
Faculty Scholarship
Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, such remedies produce windfalls to guilty defendants and provoke public re-sentment, undermining their expressive value in condemning misconduct. To avoid such windfalls, courts must refuse to grant any remedy at all, either re-fusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecu-torial …
Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema
Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema
Buffalo Human Rights Law Review
No abstract provided.
The Dilemma Of The Criminal Defendant With A Prior Record - Lessons From The Wrongfully Convicted, John H. Blume
The Dilemma Of The Criminal Defendant With A Prior Record - Lessons From The Wrongfully Convicted, John H. Blume
Cornell Law Faculty Publications
This article examines challenges the conventional wisdom that an innocent defendants will testify on their own behalf at trial. Data gathered from the cases of persons subsequently exonerated due to DNA evidence demonstrates that factually innocent defendants do not testify on their own behalf at substantially higher rates than criminal defendants generally. Why? The primary reason is that many of these individuals had been previously convicted of a crime, and they did not testify at trial because of the risk that their credibility would be impeached with evidence of the prior record and, despite any limiting instruction the court might …
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Washington and Lee Law Review
No abstract provided.
Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes
Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes
Anne T Gallagher
Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
All Faculty Scholarship
This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …
Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal
Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal
NULR Online
No abstract provided.
Child Rape, Moral Outrage, And The Death Penalty, Susan A. Bandes
Child Rape, Moral Outrage, And The Death Penalty, Susan A. Bandes
NULR Online
No abstract provided.
The Death Penalty In Delaware: An Empirical Study, John H. Blume, Theodore Eisenberg, Sheri Johnson, Valerie P. Hans
The Death Penalty In Delaware: An Empirical Study, John H. Blume, Theodore Eisenberg, Sheri Johnson, Valerie P. Hans
Valerie P. Hans
This article reports the findings of the first phase of a three phase empirical study of the death penalty in Delaware. In phase 1, we examined only cases in which the defendant was sentenced to death. While our findings are preliminary, there appear to be, as numerous other studies have found in other jurisdictions, race of victim effects. Seventy percent of the death sentences were imposed in white victim cases, even though the majority of the murder victims are black. Additionally, Delaware has one of the highest death sentencing rates in the country. This high rate appears to be the …