Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (9)
- Social and Behavioral Sciences (4)
- Law and Society (3)
- Criminal Law (2)
- Jurisprudence (2)
-
- Psychology (2)
- Civil Rights and Discrimination (1)
- Clinical Psychology (1)
- Constitutional Law (1)
- Counseling Psychology (1)
- Criminology and Criminal Justice (1)
- Developmental Psychology (1)
- Dispute Resolution and Arbitration (1)
- Education (1)
- Environmental Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Judges (1)
- Law and Economics (1)
- Law and Politics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Studies (1)
- Legal Theory (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Social Psychology (1)
- Sociology (1)
- State and Local Government Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Issue 1: Annual Survey 2011 Table Of Contents
Issue 1: Annual Survey 2011 Table Of Contents
University of Richmond Law Review
No abstract provided.
Are New York's Social Host Liability Laws Too Strict, Too Lenient, Or Just Right, Jared Wachtler
Are New York's Social Host Liability Laws Too Strict, Too Lenient, Or Just Right, Jared Wachtler
Touro Law Review
No abstract provided.
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic
Journal of Dispute Resolution
This article serves to illustrate how the implementation of a plea bargaining process at the ICC would enable the Court to achieve both peace and justice. Part II begins by analyzing the history of plea bargaining in the international criminal arena, using the ICTY and the ICTR as models of the successful incorporation of plea bargaining into a court's adjudication process. Part III transfers these advantages to the ICC by examining how the plea bargaining process would advance the Court's goals of achieving peace and justice. Part IV moves from the theoretical to the practical by analyzing how the principles …
The Juvenile In-Justice System, Kasey Susan Franks
The Juvenile In-Justice System, Kasey Susan Franks
Social Sciences
No abstract provided.
O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert
O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert
Seattle University Law Review
This Article submits that Occupy’s race problem could, ironically, prove to be a solution if protesters grow more serious about exposing the injury of political subordination and systems of privilege that adhere to the criminal justice system. Privilege is a “systemic conferral of benefit and advantage [as a result of] affiliation, conscious or not and chosen or not, to the dominant side of a power system.” Accordingly, now that police mistreatment affects them personally, Occupy may finally help kill a fictitious Fourth Amendment jurisprudence that ignores oppression through improper policing based on racial stigma. Occupy may also help usher in …
"An Insanity Defense Should Be Available To Psychopaths", Christian Francis Richeson
"An Insanity Defense Should Be Available To Psychopaths", Christian Francis Richeson
Theses
Current law allows certain criminal defendants -- not including psychopaths -- an insanity defense. Both Utilitarian and Retributivist rationales can be cited for the defense. This essay argues that affording a defense like the insanity defense to criminal psychopaths is justified on much the same rationales. Integral to the psychopathy syndrome is a set of neurocognitive deficits that render psychopaths significantly less deterrable than non-psychopaths: first, psychopaths' relative inability to recognize when a behavior pattern that once netted benefits now nets costs, and to change their behavior accordingly; second, their relative inability to form the mental associations between an aversive …
Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd
Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd
Reid G. Fontaine
Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that …
Mental Illness In Policy Discourse: Locating The Criminal Justice System, Natalia K. Hanley, Stuart Ross
Mental Illness In Policy Discourse: Locating The Criminal Justice System, Natalia K. Hanley, Stuart Ross
Faculty of Social Sciences - Papers (Archive)
Abstract presented at the Australian Political Science Association 2011 Conference, 26-28 September 2011, Canberra, Australia
The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic
The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic
Cleveland State Law Review
This Note will argue that Ohio's record sealing statute is still a viable means to achieve this balance, but that it must be supplemented by additional laws in order to remain effective. Part II provides a short history of record sealing and expungement in the United States and explains how Ohio's record sealing statute effectively deals with some common criticisms of record sealing. Part III then briefly examines why sealing and expungement statutes are becoming increasingly ineffective due to the proliferation of electronic criminal records and the rise of the data-mining industry. Part IV critiques some of the proposed solutions …
David Trager: Jurist, Jeffrey B. Morris
Criminal Trials As Morality Plays: Good And Evil, George C. Thomas Iii
Criminal Trials As Morality Plays: Good And Evil, George C. Thomas Iii
Saint Louis University Law Journal
No abstract provided.
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
St. Mary's Law Journal
Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …
The Influences Of Gender And Race On The Attachment Styles Within A Criminal Population, Morgan Litchfield Bryant
The Influences Of Gender And Race On The Attachment Styles Within A Criminal Population, Morgan Litchfield Bryant
Electronic Theses and Dissertations
This study utilizes tenets of attachment theory to examine how patterns of relating to parental figures vary according to the race and gender of subjects residing in a correctional facility. The study can perhaps influence rehabilitation services within the prison system and modify anti-recidivism programs attended by individuals released from a correctional facility. Second year doctoral students originally collected the data. The participants in the study were given the Adult Scale of Parental Attachment (ASPA) and a general questionnaire in an effort to gather information regarding race, gender, and patterns of relating. The participants were above the age of 18, …
Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle
Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle
Georgia State University Law Review
The relationship between terrorism and international criminal law has provoked a good deal of discussion in the wake of the terrorist attacks of September 11, 2001 in New York City and at the Pentagon in Washington, D.C. A particularly challenging issue pertains to whether terrorism is an international crime or a transnational crime, and if and in what context offenders and offenses, to which we affix the label of terrorist and terrorism, should or can be subject to the limited jurisdiction of the International Criminal Court (ICC) and other international and national criminal tribunals.