Digital Commons Network^™

Domestic Violence: Does The African Context Demand A Different Approach?, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

The Politics Of Miranda, Jeffrey Standen

Cornell Journal of Law and Public Policy

No abstract provided.

Two Kinds Of Criminal Wrongs, Stephen P. Garvey

Cornell Law Faculty Publications

I distinguish two kinds of criminal wrongs. A wrongdoer who acts in defiance of his conscience is guilty of what I call a wicked wrong. A wrongdoer who does not act in defiance of his conscience is guilty of what I call a vicious wrong. The distinction is derived from a conception of immorality typically associated with the Christian tradition. The distinction is important because it determines the moral message a wrongdoer should try to send through the punishment or penance he must endure in order to atone for his wrongdoing.

When Law And Medicine Collide, Richard C. Wesley

Cornell Journal of Law and Public Policy

No abstract provided.

Book Review

Cornell International Law Journal

No abstract provided.

Misdirected Reform: On Regulating Consensual Sexual Activity Between Teenagers, Charles A. Phipps

Cornell Journal of Law and Public Policy

No abstract provided.

Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. K. B. Darmer

Cornell Journal of Law and Public Policy

No abstract provided.

The Scottsboro Trials: A Legal Lynching (Part Ii), Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Jurors' Evaluations Of Expert Testimony: Judging The Messenger And The Message, Sanja Kutnjak Ivkovic, Valerie P. Hans

Cornell Law Faculty Publications

Jurors are laypersons with no specific expert knowledge, yet they are routinely placed in situations in which they need to critically evaluate complex expert testimony. This paper examines jurors' reactions to experts who testify in civil trials and the factors jurors identify as important to expert credibility. Based on in-depth qualitative analysis of interviews with 55 jurors in 7 civil trials, we develop a comprehensive model of the key factors jurors incorporate into the process of evaluating expert witnesses and their testimony. Contrary to the frequent criticism that jurors primarily evaluate expert evidence in terms of its subjective characteristics, the …

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Working Papers

This bibliography collects and organizes citations to dissertations, chapters in books, journal articles, legislative materials, books, and book reviews from 1980 forward that analyze the effect of victim impact statements in capital cases. The main purpose of the bibliography is to present citations to empirical studies and quantitative evaluations of victim impact statements in the United States and other countries. Because there are few reported empirical studies, the bibliography also contains references to articles that provide qualitative analyses of victim impact statements in criminal trials and of participatory rights of victims in the justice process in general.

Structuring The Prosecutor’S Duty To Search The Intelligence Community For Brady Material, Mark D. Villaverde

Cornell Law Review

No abstract provided.

Harmonizing Substantive-Criminal-Law Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

Cornell Law Review

No abstract provided.

Victim Impact Testimony And The Psychology Of Punishment, Janice Nadler, Mary R. Rose

Cornell Law Review

No abstract provided.

Straining At Gnats And Swallowing Camels: The Selective Morality Of Professor Bibas, Albert W. Alschuler

Cornell Law Review

No abstract provided.

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Review

No abstract provided.

Litigating With Victim Impact Testimony: The Serendipity That Has Come From Payne V. Tennessee, Richard Burr

Cornell Law Review

No abstract provided.

The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Review

No abstract provided.

Subtle Indiscretions - International Smuggling, Federal Criminal Law, And The Revenue Rule, Bradley R. Wilson

Cornell Law Review

No abstract provided.

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Review

No abstract provided.

Seeking Sanctuary: Interviews With Family Members Of Capital Defendants, Elizabeth Beck, Brenda Sims Blackwell, Pamela Blime Leonard, Michael Mears

Cornell Law Review

No abstract provided.

Revenge Or Mercy - Some Thoughts About Survivor Opinion Evidence In Death Penalty Cases, Joseph L. Hoffmann

Cornell Law Review

No abstract provided.

Bringing Moral Values Into A Flawed Plea-Bargaining System, Stephanos Bibas

Cornell Law Review

No abstract provided.

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

The use of victim impact evidence (VIE) has been a standard feature of capital trials since 1991, when the Supreme Court lifted the previously existing constitutional bar to such evidence. Legal scholars have almost universally condemned the use of VIE, criticizing it on a variety of grounds. Yet little empirical analysis exists that examines how VIE influences the course and outcome of capital trials. We analyze the influence of VIE based on interviews with over two-hundred jurors who sat on capital trials in South Carolina between 1985 and 2001.

First, we describe the VIE introduced at sentencing trials, using a …

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Publications

No abstract provided.

Miranda's Demise, Steven D. Clymer

Cornell Law Faculty Publications

Miranda v. Arizona has been a prominent fixture of the American criminal justice system, as well as police television shows and movies, for more than a third of a century. And when, amid considerable fanfare, the Supreme Court in June 2000 announced its decision in Dickerson v. United States, it appeared that Miranda would retain that status for the foreseeable future. In Dickerson, a surprisingly large 7–2 majority settled a long-standing debate about the constitutional legitimacy of Miranda, holding that the Miranda rules are firmly grounded in the Fifth Amendment’s self-incrimination clause.

But now, a mere three …

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans

Cornell Law Faculty Publications

In recent years, the criminal justice community has become increasingly concerned about the possibility that jury nullification is the underlying motivation for increasing numbers of acquittals and mistrials due to jury deadlock in felony jury trials. In this Article, the authors discuss the inherent difficulty in defining jury nullification and identifying its occurrence in actual trials. They review the evolution in public and legal opinion about the legitimacy of jury nullification and contemporary judicial responses to perceived instances of jury nullification. Finally, the authors examine the possible presence of jury nullification through empirical analysis of data collected from 372 felony …

The New Federalism, The Spending Power, And Federal Criminal Law, Richard W. Garnett

Cornell Law Review

No abstract provided.

Constitutional Implications Of Crime Victims As Participants, Douglas E. Beloof

Cornell Law Review

No abstract provided.

Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller

Cornell Law Review

No abstract provided.