Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (21)
- Criminal Law (13)
- Criminal Procedure (6)
- Arts and Humanities (2)
- Biblical Studies (2)
-
- Christianity (2)
- Courts (2)
- Human Rights Law (2)
- International Law (2)
- Jewish Studies (2)
- Law Enforcement and Corrections (2)
- Medicine and Health Sciences (2)
- Religion (2)
- Religious Thought, Theology and Philosophy of Religion (2)
- Biology (1)
- Chemistry (1)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Community-Based Research (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Defense and Security Studies (1)
- Dispute Resolution and Arbitration (1)
- Education (1)
- Educational Administration and Supervision (1)
- Elementary and Middle and Secondary Education Administration (1)
- Environmental Policy (1)
- Ethics in Religion (1)
- Family Law (1)
- Institution
-
- University of Missouri School of Law (4)
- Vanderbilt University Law School (3)
- Seton Hall University (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
-
- BLR (1)
- East Tennessee State University (1)
- Fordham Law School (1)
- Louisiana State University Law Center (1)
- Montclair State University (1)
- St. Mary's University (1)
- University at Buffalo School of Law (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- University of South Carolina (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Faculty Publications (3)
- Faculty Articles (2)
- Journal Articles (2)
- Reverend Lawrence E. Frizzell, S.T.L., S.S.L., D.Phil. (2)
- Scholarly Articles (2)
-
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Scholarship (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Electronic Theses and Dissertations (1)
- ExpressO (1)
- Faculty Scholarship (1)
- Journal of Dispute Resolution (1)
- Journal of the South Carolina Academy of Science (1)
- Scholarly Works (1)
- University of Colorado Law Review (1)
- University of Miami Inter-American Law Review (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 1 - 25 of 25
Full-Text Articles in Entire DC Network
Making Peace With Criminals: An Economic Approach To Assessing Punishment Options In The Colombian Peace Process, Katie Kerr
University of Miami Inter-American Law Review
No abstract provided.
The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton
The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton
Faculty Publications
The violent criminal who was a victim of severe childhood abuse frequently appears in the responsibility literature because he presents a difficulty for theorists who maintain the compatibility of causal determinism and our practices of holding persons responsible. The challenge is based on the fact that learning about an offender's horrific childhood mitigates the indignation that many persons feel towards him, possibly indicating that they hold him less than fully responsible. Many capital defendants present evidence of suffering childhood abuse, and many jurors find this evidence to count against imposing death. The most obvious explanation for a response like this …
An Honest Approach To Plea Bargaining, Steven P. Grossman
An Honest Approach To Plea Bargaining, Steven P. Grossman
All Faculty Scholarship
In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in light of the benefit to society and the drawbacks inherent in the plea bargaining system.
Justifying Restorative Justice: A Theoretical Justification For The Use Of Restorative Justice Practices, Zvi D. Gabbay
Justifying Restorative Justice: A Theoretical Justification For The Use Of Restorative Justice Practices, Zvi D. Gabbay
Journal of Dispute Resolution
This paper analyzes the premises of the two main theories of punishment that influence sentencing policies in most Western countries-retributivism and utilitarianism-and compares them to the basic values that structure the restorative justice theory. It then makes clear distinctions between restorative justice and the rehabilitative ideal and addresses the criticism that, like rehabilitation, restorative justice results in different punishments to equally culpable offenders. The paper concludes that restorative justice does not contradict retribution and utility as theoretical justifications for penal sanctioning. Moreover, it suggests that restorative practices rehabilitate the basic notions of retribution and deterrence that have been neglected in …
A Comparative Study Of The Perceptions Of Elementary School Administrators, Teachers, And Students Regarding Recess And Free Play In The Public School., Amy Bennett Banner
A Comparative Study Of The Perceptions Of Elementary School Administrators, Teachers, And Students Regarding Recess And Free Play In The Public School., Amy Bennett Banner
Electronic Theses and Dissertations
According to recent studies, the number of schools that have severely limited or eliminated recess and free-play opportunities is on the rise across the nation. School officials cite the increasing levels of state and federal pressure to perform on standardized tests as the primary reason for this shift away from the playground. The threat of lawsuits and safety concerns are also listed as factors in this change of policy.
The purpose of this mixed methods study was to examine the perceptions of directors of schools, supervisors, principals, assistant principals, teachers, and students regarding recess and free play in three East …
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Faculty Publications
This Article examines the ongoing American experiment in mass incarceration and considers the prospects for meaningful sentencing reform.
Cleaning Up The Eighth Amendment Mess, Tom Stacy
Cleaning Up The Eighth Amendment Mess, Tom Stacy
ExpressO
This article criticizes the Court’s interpretation of the Eighth Amendment’s Cruel and Unusual Punishment Clause and proposes its own understanding. The Court’s jurisprudence is plagued by deep inconsistencies concerning the text, the Court’s own role, and a constitutional requirement of proportionate punishment.
In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations: 1) A textualist approach; 2) Justice Scalia’s understanding that the Clause forbids only punishments unacceptable for all offenses; and 3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. As evidenced by the …
Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner
Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner
Scholarly Articles
Not available.
The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy
The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy
Journal Articles
No abstract provided.
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Faculty Publications
This Article proposes a simplified sentencing table consisting of nine base sentencing ranges, each subdivided into three sub-ranges. The base sentencing range would be determined by combining offense facts found by a jury or admitted in a plea with the defendant's criminal history. A defendant's placement in the sub-ranges would be determined by post-conviction judicial findings of sentencing factors. No upward departures from the base sentencing range would be permissible, but defendants might be sentenced below the low end of the base sentencing range as a result of an acceptance of responsibility credit or due to a downward departure motion. …
Judgment, Lawrence E. Frizzell D.Phil.
Judgment, Lawrence E. Frizzell D.Phil.
Reverend Lawrence E. Frizzell, S.T.L., S.S.L., D.Phil.
Bibical definition and etymology of "judgment."
Reward And Punishment, Lawrence E. Frizzell D.Phil.
Reward And Punishment, Lawrence E. Frizzell D.Phil.
Reverend Lawrence E. Frizzell, S.T.L., S.S.L., D.Phil.
Reflections on divine judgment and retribution for human deeds.
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Scholarly Articles
There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …
Constitutional Right Against Excessive Punishment, The, Youngjae Lee
Constitutional Right Against Excessive Punishment, The, Youngjae Lee
Faculty Scholarship
When is a death sentence, a sentence of imprisonment, or a fine so "excessive" or "disproportionate" in relation to the crime for which it is imposed that it violates the Eighth Amendment? Despite the urgings of various commentators and the Supreme Court's own repeated, albeit uncertain, gestures in the direction of proportionality regulation by the judiciary, the Court's answer to this question within the past few decades is a body of law that is messy and complex, yet largely meaningless as a constraint. In the core of this ineffectual and incoherent proportionality jurisprudence lies a conceptual confusion over the meaning …
Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes
Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
This article is an attempt to comprehend the bureaucratic phenomenon of the deathwatch, the last 24 hours of a prisoner’s life, stressing the theoretical applications scholars can make to the study of docile bodies on death row. Because years of work are necessary to obtain obedience from condemned inmates, health care professionals lend more than an aura of legitimacy to the capital punishment process. As an integral part of the prison and capital punishment, they provide stability, reliability, and the means to achieve the goals of peaceful executions. The ultimate objective of utilizing health care professionals is the sanitization of …
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Journal Articles
Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.
Punishment And Rehabilitation Views Of Social Work Majors And Non-Social Work Students: An Exploratory Study, Eric G. Lambert, Sudershan Pasupuleti, Reva I. Allen
Punishment And Rehabilitation Views Of Social Work Majors And Non-Social Work Students: An Exploratory Study, Eric G. Lambert, Sudershan Pasupuleti, Reva I. Allen
Journal of the South Carolina Academy of Science
No abstract provided.
When Process Affects Punishment: Differences In Sentences After Guilty Plea, Bench Trial, And Jury Trial In Five Guidelines States, Nancy J. King, David A. Soule, Sara Steen, Robert R. Weidner
When Process Affects Punishment: Differences In Sentences After Guilty Plea, Bench Trial, And Jury Trial In Five Guidelines States, Nancy J. King, David A. Soule, Sara Steen, Robert R. Weidner
Vanderbilt Law School Faculty Publications
The research reported in this Essay examines process discounts-differences in sentences imposed for the same offense, depending upon whether the conviction was by jury trial, bench trial, or guilty plea-in five states that use judicial sentencing guidelines. Few guidelines systems expressly recognize "plea agreement" as an acceptable basis for departure, and none authorizes judges to vary sentences based upon whether or not the defendant waived his right to a jury trial and opted for a bench trial. Nevertheless, we predicted that because of the cost savings resulting from waivers, judges and prosecutors in any sentencing system would ensure that guilty …
The Civilization Of The Criminal Law, Christopher Slobogin
The Civilization Of The Criminal Law, Christopher Slobogin
Vanderbilt Law Review
The boundaries of the criminal justice system are eroding. A vast amount of relatively innocuous behavior is now criminalized. The line between criminal penalties and administrative sanctions is dissolving, as criminal law relaxes its mens rea requirements and government bureaucracies aggressively pursue regulatory violations. Distinctions between criminal and civil forfeiture, contempt, and deportation proceedings have been vanishingly subtle for some time. Perhaps the most serious assault on the integrity of today's criminal justice system, however, is the increasing prominence of the "dangerousness criterion" as justification for confinement by the government. Governmental deprivations of liberty have usually been the province of …
The Civilization Of The Criminal Law, Christopher Slobogin
The Civilization Of The Criminal Law, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ago by thinkers such as Barbara Wooton, Sheldon Glueck, and Karl Menninger. These individuals, the first a criminologist, the latter two mental health professionals, envisioned a system that is triggered by an antisocial act but that pays no attention to desert or even to general deterrence. Rather, the sole goal of the system they proposed is individual prevention through assessments of dangerousness and the provision of treatment designed to …
Apprendi, Blakely And Federalism, Peter B. Rutledge
Apprendi, Blakely And Federalism, Peter B. Rutledge
Scholarly Works
The Clark Y. Gunderson Lecture is a memorial to a man who devoted his life to legal education and spent thirty years teaching at the Law School. It is supported by a trust fund in the University of South Dakota Law School Foundation established principally by Colonel Gunderson's family. Professor Rutledge delivered the 2004 Gunderson Lecture at the Law Review's Symposium on Sentencing and Punishment, which took place at the Law School on November 5, 2004. What follows is an adapted version of Professor Rutledge's lecture.
The Dilemma Of Expressive Punishment, William Deford
The Dilemma Of Expressive Punishment, William Deford
University of Colorado Law Review
No abstract provided.
The Growing Role Of Fortuity In Texas Criminal Law, Gerald S. Reamey
The Growing Role Of Fortuity In Texas Criminal Law, Gerald S. Reamey
Faculty Articles
Texas’ recent departure from culpability based crimes now means luck plays a bigger role in the punishment for these crimes. Texas has departed from the traditional notion of punishment based on individual fault, and has arrived at a place where these “new” ways of conceptualizing criminal responsibility adequately and satisfactorily account for the interests served by a more restrictive definition of criminal fault. Traditionally, criminal responsibility attached only when mens rea combined with volitional conduct--or the withholding of some required act--to produce a public harm.
In Texas, there seems to be a trend to punish actors for the harm they …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Deterrence Or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok
Deterrence Or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok
Faculty Articles
No abstract provided.