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Articles 121 - 136 of 136
Full-Text Articles in Entire DC Network
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
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No abstract provided.
The Utility Of Desert, Paul H. Robinson, John M. Darley
The Utility Of Desert, Paul H. Robinson, John M. Darley
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The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …
Immaturity And Irresponsibility, Stephen J. Morse
Immaturity And Irresponsibility, Stephen J. Morse
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No abstract provided.
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
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No abstract provided.
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
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No abstract provided.
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
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No abstract provided.
Are Criminal Codes Irrelevant?, Paul H. Robinson
Are Criminal Codes Irrelevant?, Paul H. Robinson
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After planning the effort for twenty years, the American Law Institute spent ten years debating and drafting a model criminal code. Twenty-eight drafters and forty-two advisors produced thirteen reports that were debated at eight annual meetings. Twenty years later, seven reporters with twenty-five advisors completed six volumes of official commentaries. This monumental drafting effort served as only the starting point for nearly two-thirds of the states that have recodified their criminal codes since the Model Penal Code was promulgated in 1962. In every instance a commission, legislative committee, or both, devoted additional time and energy redebating and revising the 1962 …
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
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California jurisdictions have increasingly used injunctions to combat the growth criminal street gangs. The use of civil sanctions to redress criminal activity raises difficult constitutional questions, potentially creating personal criminal codes that may infringe upon defendants’ substantive constitutional rights. In addition, employing civil remedies may deprive defendants of constitutional procedural protections that would have been provided if the jurisdiction had elected to deter the same behavior with available criminal sanctions. Although the use of injunctions places pressure on a number of substantive constitutional rights, including the freedom of association, freedom of expression, right to travel, the injunction terms will likely …
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
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No abstract provided.
Motherhood And Crime, Dorothy E. Roberts
Motherhood And Crime, Dorothy E. Roberts
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No abstract provided.
"The Black Community," Its Lawbreakers, And A Politics Of Identification, Regina Austin
"The Black Community," Its Lawbreakers, And A Politics Of Identification, Regina Austin
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No abstract provided.
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
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In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …
A Sentencing System For The 21st Century?, Paul H. Robinson
A Sentencing System For The 21st Century?, Paul H. Robinson
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The Sentencing Reform Act of 1984 created the United States Sentencing Commission and directed it to devise sentencing guidelines for the federal criminal justice system. The Commission recently fulfilled this mandate, promulgating a final set of rules, which took effect November 1. Commissioner Robinson, in filing the lone dissent to these guidelines, argued that they neither meet the expectations of the Act nor provide a comprehensive and workable system. In this Article, Commissioner Robinson discusses the necessary components of a modern, principled, and workable system. He first identifies an ideal system by describing its primary goals and by offering the …
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
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I believe the Sentencing Reform Act of 1984, which created the United States Sentencing Commission, contains two main directives. First, the Commission's guidelines must provide a rational and principled sentencing system that will further the purposes of just punishment and crime control. Second, the guidelines must reduce unwarranted disparity among sentences for similar offenders who commit similar offenses. The Act provides that this is to be achieved through the Commission's promulgation of a comprehensive sentencing system that will bind all federal judges. I opposed the Commission's Preliminary Draft of September, 1986, because I saw it as lacking both guiding principles …
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
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No abstract provided.
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
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No abstract provided.