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Articles 1 - 15 of 15
Full-Text Articles in Entire DC Network
Vol. 4 No. 1, Fall 2012; Illinois's Drug-Induced Homicide Statute: Injecting Some Sense Into A Misinterpreted Law, Seth Mcclure
Vol. 4 No. 1, Fall 2012; Illinois's Drug-Induced Homicide Statute: Injecting Some Sense Into A Misinterpreted Law, Seth Mcclure
Northern Illinois Law Review Supplement
In 1988, Illinois went on the offensive in the War on Drugs by creating the Drug-Induced Homicide Statute. In essence, this statute creates increased punishment beyond normal drug trafficking penalties when a person delivers drugs to another person and, as a result of that delivery, somebody dies. For twenty years, the law remained mostly dormant, only being charged and prosecuted in a handful of cases. In a new push to fight drug-related deaths across Illinois over the last few years, prosecutors have dusted off the old law and vastly increased the number of drug-induced homicide charges. As these charges become …
Indigenous Justice In Ecuador, Luis Ángel Saavedra
Indigenous Justice In Ecuador, Luis Ángel Saavedra
NotiEn: An Analytical Digest About Energy Issues in Latin America
This articles discusses the challenges and tensions encountered between indigenous and national systems of justice in Ecuador. The article highlights some of the major issues surrounding indigenous systems, namely, how crime should be dealt with, as well as how indigenous justice has been negatively portrayed in the media. The article suggests that indigenous communities know how to structure their justice systems the best; thus, the national justice system should work with them in a collaborative effort.
Auctioned, Sophia K. Reid
Auctioned, Sophia K. Reid
Student Publications
This poem, Auctioned, is about slaves who were severely punished simply because of their skin tone. The setting of the poem is in the early 1800s. This poem vividly describes the hanging, whipping, and shooting of slaves.
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Journal Articles
Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …
Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord
Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord
Law Faculty Scholarly Articles
The federal government uses two general types of asset forfeiture, criminal and civil. This Article addresses criminal forfeiture, which allows the government to take property from defendants when they are convicted of crimes. It is “an aspect of punishment imposed following conviction of a substantive criminal offense.” The goal of this Article is to give an overview of the forfeiture process, specifically in relation to claims victims and creditors might assert as third-party claimants.
Rethinking Attempt Under The Model Penal Code, William T. Pizzi
Rethinking Attempt Under The Model Penal Code, William T. Pizzi
Publications
No abstract provided.
Play Fair With Recidivists, Richard Dagger
Play Fair With Recidivists, Richard Dagger
Political Science Faculty Publications
Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of criminal …
Punishment And Reform, Steven Sverdlik
Punishment And Reform, Steven Sverdlik
Philosophy Research
Reformist ideas in the philosophy of punishment can be traced back to Plato. However, it is only in the late 19th century that explicitly reformist ‘theories’ are discussed by philosophers, and in the 20th century that they are worked out at length. The conception of reform has recently undergone important changes. Contemporary writers who are apparently reformist utilize use an enriched moral conception of reform, which conceives of it in terms of repentance for wrongdoing and a commitment to obey the law for moral reasons. This departs from an earlier conception that places less emphasis on repentance and …
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Playing Fair With Prisoners, Richard Dagger
Playing Fair With Prisoners, Richard Dagger
Political Science Faculty Publications
Oddness aside, however, I think there is much to recommend the attempt to restore rehabilitation to a central place in the practice of punishment. Nor do I think that rehabilitation must displace retribution in that practice. Properly understood, the two aims are not only compatible but also complementary. If we are to understand them properly, though, we shall need to see them as components of a theory of punishment that is grounded in considerations of fair play. Such a theory also has the advantage of offering guidance with regard to other controversial matters of penal policy, such as the question …
Managing The Socially Marginalized: Attitudes Towards Welfare, Punishment And Race, Darren Wheelock, Pamela Wald, Yakov Shchukin
Managing The Socially Marginalized: Attitudes Towards Welfare, Punishment And Race, Darren Wheelock, Pamela Wald, Yakov Shchukin
Social and Cultural Sciences Faculty Research and Publications
Welfare and incarceration policies have converged to form a system of governance over socially marginalized groups, particularly racial minorities. In both of these policy areas, rehabilitative and social support objectives have been replaced with a more punitive and restrictive system. The authors examine the convergence in individual-level attitudes concerning welfare and criminal punishment, using national survey data. The authors' analysis indicates a statistically significant relationship between punitive attitudes toward welfare and punishment. Furthermore, accounting for the respondents' racial attitudes explains the bivariate relationship between welfare and punishment. Thus, racial attitudes seemingly link support for punitive approaches to opposition to welfare …
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. Degirolami
Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. Degirolami
Faculty Publications
This paper reflects critically on what is the near-universal contemporary method of conceptualizing the tasks of the scholar of criminal punishment. It does so by the unusual route of considering the thought of Sir James Fitzjames Stephen, a towering figure in English law and political theory, one of its foremost historians of criminal law, and a prominent public intellectual of the late Victorian period. Notwithstanding Stephen's stature, there has as yet been no sustained effort to understand his views of criminal punishment. This article attempts to remedy this deficit. But its aims are not exclusively historical. Indeed, understanding Stephen's ideas …
How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott
How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott
Articles by Maurer Faculty
No abstract provided.
Book Review, Samuel W. Buell