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Articles 1 - 30 of 31
Full-Text Articles in Entire DC Network
Prison Health Care, Political Choice, And The Accidental Death Penalty, Elizabeth Alexander
Prison Health Care, Political Choice, And The Accidental Death Penalty, Elizabeth Alexander
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Opening A Window Or Building A Wall? The Effect Of Eighth Amendment Death Penalty Law And Advocacy On Criminal Justice More Broadly, Carol S. Steiker, Jordan M. Steiker
Opening A Window Or Building A Wall? The Effect Of Eighth Amendment Death Penalty Law And Advocacy On Criminal Justice More Broadly, Carol S. Steiker, Jordan M. Steiker
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Failure To Achieve Fairness: Race And Poverty Continue To Influence Who Dies, Stephen B. Bright
The Failure To Achieve Fairness: Race And Poverty Continue To Influence Who Dies, Stephen B. Bright
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Federal Hate Crime Laws And United States V. Lopez: On A Collission Course To Clarify Jurisdictional-Element Analysis, Christopher Dipompeo
Federal Hate Crime Laws And United States V. Lopez: On A Collission Course To Clarify Jurisdictional-Element Analysis, Christopher Dipompeo
University of Pennsylvania Law Review
No abstract provided.
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard S. Frase
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard S. Frase
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Desert And The Eighth Amendment, Youngjae Lee
Desert And The Eighth Amendment, Youngjae Lee
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Evaluating Institutional Prisoners' Rights Litigation: Costs And Benefits And Federalism Considerations, Sarah Vandenbraak Hart
Evaluating Institutional Prisoners' Rights Litigation: Costs And Benefits And Federalism Considerations, Sarah Vandenbraak Hart
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Exacerbating Injustice, Stephanos Bibas
Exacerbating Injustice, Stephanos Bibas
All Faculty Scholarship
This brief essay responds to Josh Bowers' argument that criminal procedure should openly allow innocent defendants to plead guilty as a legal fiction. Though most scholars emphasize the few but salient serious felony cases, Bowers is right to refocus attention on misdemeanors and violations, which are far more numerous. And though the phrase wrongful convictions conjures up images of punishing upstanding citizens, Bowers is also right to emphasize that recidivists are far more likely to suffer wrongful suspicion and conviction. Bowers' mistake is to treat the criminal justice system as simply a means of satisfying defendants' preferences and choices. This …
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations , Benjamin B. Wagner, Leslie Gielow Jacobs
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations , Benjamin B. Wagner, Leslie Gielow Jacobs
University of Pennsylvania Journal of International Law
No abstract provided.
Political Versus Administrative Justice, Stephanos Bibas
Political Versus Administrative Justice, Stephanos Bibas
All Faculty Scholarship
This comment responds to an essay by Rachel Barkow, which insightfully links the decline of mercy in American criminal justice to the rise of a rule-of-law ideal inspired by administrative law. This comment notes the dangers of the administrative, rule-focused, judiciocentric approach to criminal justice. Instead, it suggests a more political approach, with more judicial deference to political actors and less judicial policing of equal treatment. The essay by Rachel Barkow to which this comment responds, as well as other authors' comments on this essay and the author's reply to those comments, can be found at http://www.law.upenn.edu/phr/conversations/status/
Invasions Of Conscience And Faked Apologies, Stephanos Bibas
Invasions Of Conscience And Faked Apologies, Stephanos Bibas
All Faculty Scholarship
This comment responds to an essay by Jeffrie Murphy, which powerfully notes the limitations and dangers of using remorse and apology as metrics for punishment. But the state is more justified in teaching lessons than Murphy suggests, and retributivism ought to make more room for victim vindication and satisfaction. Gauging sincerity, while difficult, is not impossible. In the end, Murphy offers strong reasons to be cautious. But a humane society ought to be more willing to take chances and, having punished, to forgive. The essay by Jeffrie Murphy to which this comment responds, as well as other authors' comments on …
Technological Leaps And Bonds: Pro Se Prisoner Litigation In The Internet Age, Benjamin R. Dryden
Technological Leaps And Bonds: Pro Se Prisoner Litigation In The Internet Age, Benjamin R. Dryden
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Punishing The Innocent, Josh Bowers
Punishing The Innocent, Josh Bowers
University of Pennsylvania Law Review
No abstract provided.
The Discriminating Mind: Define It, Prove It, Amy L. Wax
The Discriminating Mind: Define It, Prove It, Amy L. Wax
All Faculty Scholarship
Differential group achievements in competitive spheres like business, government, and academia, in conjunction with professed organizational commitments to fairness and equal opportunity, fuel claims that unconscious discrimination operates widely in society today. But attempts to blame disparities by race or sex on inadvertent bias must be approached with caution in the current climate. Many allegations concerning unconscious discrimination do not properly allege category-based treatment at all but rather target the disparate impact, or differential effects, of category-neutral criteria. Such impacts often reflect welldocumented “supply side” disparities between groups in human capital development, qualifications, and behavior. These patterns are not most …
Dismantling The Felony-Murder Rule: Juvenile Deterrence And Retribution Post-Roper V. Simmons, Erin H. Flynn
Dismantling The Felony-Murder Rule: Juvenile Deterrence And Retribution Post-Roper V. Simmons, Erin H. Flynn
University of Pennsylvania Law Review
No abstract provided.
Penn Law Journal: Career Evolution
Competing Conceptions Of Modern Desert: Vengeful, Deontological, And Empirical, Paul H. Robinson
Competing Conceptions Of Modern Desert: Vengeful, Deontological, And Empirical, Paul H. Robinson
All Faculty Scholarship
The dispute over the role desert should play, if any, in assessing criminal liability and punishment has a long and turbulent history. There is some indication that deserved punishment -- referred to variously as desert, just punishment, retributive punishment, or simply doing justice -- may be in ascendance, both in academic debate and in real world institutions. A number of modern sentencing guidelines have adopted it as their distributive principle. Desert is increasingly given deference in the purposes section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code's provisions. Indeed, …
Violence And The Private: A Girardian Model Of Domestic Violence In Society, Brian R. Decker
Violence And The Private: A Girardian Model Of Domestic Violence In Society, Brian R. Decker
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Lethal Crapshoot: The Fatal Unreliability Of The Penalty Phase, Kevin M. Doyle
Lethal Crapshoot: The Fatal Unreliability Of The Penalty Phase, Kevin M. Doyle
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
A Closing Keynote: A Comment On Mass Incarceration In The United States, David Rudovsky
A Closing Keynote: A Comment On Mass Incarceration In The United States, David Rudovsky
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Proactive Complementarity: The International Criminal Court And National Courts In The Rome System Of Justice, William W. Burke-White
Proactive Complementarity: The International Criminal Court And National Courts In The Rome System Of Justice, William W. Burke-White
All Faculty Scholarship
When the International Criminal Court (ICC) was established in 2002, States, NGOs, and the international community had extraordinarily high expectations that the Court could bring an end to impunity and provide broad-based accountability for international crimes. Nearly five years later, those expectations appear unfulfilled, due to political constraints, resource limitations, and the inability of the ICC to apprehend suspects. This article offers a novel solution to the misalignment of resources, expectations, and legal mandate of the ICC, arguing that the Court must more actively engage with national governments and encourage States to undertake their own prosecutions of international crimes. The …
Light At The End Of The Pipeline?: Choosing A Forum For Suspected Terrorists, Amos N. Guiora, John T. Parry
Light At The End Of The Pipeline?: Choosing A Forum For Suspected Terrorists, Amos N. Guiora, John T. Parry
University of Pennsylvania Law Review Online
No abstract provided.
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
All Faculty Scholarship
What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the …
Torture And The Biopolitics Of Race, Dorothy E. Roberts
Torture And The Biopolitics Of Race, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas
Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas
All Faculty Scholarship
The Supreme Court, in Kennedy v. Louisiana, is about to decide whether the Eighth Amendment forbids capital punishment for child rape. Commentators are aghast, viewing this as a vengeful recrudescence of emotion clouding sober, rational criminal justice policy. To their minds, emotion is distracting. To ours, however, emotion is central to understand the death penalty. Descriptively, emotions help to explain many features of our death-penalty jurisprudence. Normatively, emotions are central to why we punish, and denying or squelching them risks prompting vigilantism and other unhealthy outlets for this normal human reaction. The emotional case for the death penalty for child …
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
All Faculty Scholarship
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.
A Closing Keynote: A Comment On Mass Incarceration In The United States, David Rudovsky
A Closing Keynote: A Comment On Mass Incarceration In The United States, David Rudovsky
All Faculty Scholarship
No abstract provided.
Living On The Edge: The Margins Of Legal Personhood, Symposium Foreword, Kimberly Kessler Ferzan
Living On The Edge: The Margins Of Legal Personhood, Symposium Foreword, Kimberly Kessler Ferzan
All Faculty Scholarship
In January 2008, at the Association of American Law Schools' annual meeting, the Jurisprudence Section conducted a panel on "The Margins of Legal Personhood." The goal of this panel was to draw (or sever) connections between and among different "marginal" entities: the psychopath, the animal, and the embryo or fetus. As is perhaps immediately apparent, these entities are not marginalized in a political sense, but rather lie at the margins of our moral and legal communities. Prima facie, they may have some, but lack all, of the capacities necessary for full membership. Because they live on the edge, we must …
Culpable Acts Of Risk Creation, Larry Alexander, Kimberly Kessler Ferzan
Culpable Acts Of Risk Creation, Larry Alexander, Kimberly Kessler Ferzan
All Faculty Scholarship
In our view, an actor deserves punishment when he demonstrates insufficient concern for others, that is, when he engages in a culpable act of risk creation. In this essay, we address how we would rethink the actus reus so as to track the actor's culpability and blameworthiness. Part I sets forth our view that defendants deserve to be punished for culpable acts. Briefly put, an actor is culpable when he risks others' legally protected interests for insufficient reasons. In Part II, we turn to the question of how we would formulate a unit of culpable action. We argue that with …