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Articles 1 - 17 of 17
Full-Text Articles in Entire DC Network
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Law & Economics Working Papers
In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …
Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky
Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky
Michigan Journal of International Law
In the age of terrorism, human rights law globally suffers substantial setbacks. However, at the regional level, human rights law is now more relevant than ever. More cases are decided each year by regional human rights tribunals, particularly in Europe. More importantly, human rights law affects more areas of domestic legal systems than ever before-from trademark law to limits on corporal punishment of children. This growing complexity presents two challenges: first, the challenge of comprehension (or the increasing need to make sense of the ever-expanding case law in many substantive areas) and second, the challenge of responsibility (or the fact …
Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado
Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado
Michigan Law Review
Policing styles and policy reform today exhibit a ferment that we have not seen since the turbulent sixties. The reasons propelling reform include some of the same forces that propelled it then - minority communities agitating for a greater voice, demands for law and order - but also some that are new, such as the greater premium that society places on security in a post-9/11 world. Three recent books discuss this new emphasis on styles of policing. Each centers on policing in minority communities. Steve Herbert's Citizens, Cops, and Power: Recognizing the Limits of Community examines the innovation known as …
Facing Evil, Joseph E. Kennedy
Facing Evil, Joseph E. Kennedy
Michigan Law Review
It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …
Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee
Michigan Journal of Race and Law
This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment of …
Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert
Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert
Michigan Journal of Race and Law
This Article asserts that race-based policing, enabled and exacerbated by race-blind judicial review, creates an ire with a purpose that promises, especially after September 11, to make us all less safe. The illegitimate marginalization of American citizens aggravates an already alienated population and primes them for cooperation with those who seek to harm the United States. Race-based policing guts the expectation of fair-dealing, legitimacy, and justice in the criminal justice system, creating marginalized populations, especially of African Americans. Lack of judicial redress in the face of such policing irrevocably stains already beleaguered African Americans (and others so policed) as inferior …
Cornerstones Of The Judicial Process, Jerold H. Israel
Cornerstones Of The Judicial Process, Jerold H. Israel
Articles
Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one can …
Review Of Crime In England, 1550-1800, Thomas A. Green
Review Of Crime In England, 1550-1800, Thomas A. Green
Reviews
Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume deal with …
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
Articles
In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Articles
Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …
Central Problems Of American Criminal Justice, Francis A. Allen
Central Problems Of American Criminal Justice, Francis A. Allen
Michigan Law Review
At periodic intervals during the present century the American "crime problem" has aroused agitated public discussion. At these times both publicists and ordinary citizens are likely to assume that the disturbing conditions have suddenly arisen and are wholly unlike anything experienced before. In considering the crime problem, the beginning of wisdom may lie in the discovery that this is a problem with a history. Crime and its control did not suddenly become significant in the late 1960s, at the end of World War II, or even with the launching of the prohibition experiment at the conclusion of the first great …
Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green
Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green
Reviews
Slowly but surely the history of English criminal law is being rewritten. Abundant monographs, articles and introductions to texts have appeared in the past couple of decades; many more are on the way. Work has gone ahead on the substantive law of crimes, on the procedures of the criminal law and its institutions andmore tentatively-on the social history of English criminal law. While medievalists have led the way, work is now being undertaken by early modern and modern historians as well.
How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar
How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar
Articles
Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …
Cipes: The Crime War, Michael S. Josephson
Cipes: The Crime War, Michael S. Josephson
Michigan Law Review
A Review of The Crime War by Robert M. Cipes
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Michigan Law Review
What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …
Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar
Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar
Articles
In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
Michigan Law Review
Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.