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Articles 1 - 30 of 45
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Federal Sentencing Guidelines & United States V. Booker: Social Context And Sentencing Disparity, Jeffrey Nowacki
Federal Sentencing Guidelines & United States V. Booker: Social Context And Sentencing Disparity, Jeffrey Nowacki
Articles
The United States v. Booker (2005) decision rendered Federal Sentencing Guidelines advisory rather than mandatory. In the context of this decision, this study examines both the direct influence of aggregate-level political, community and administrative variables on sentencing outcomes, and the way that such characteristics might contextualize individual-level predictors. Using multi-level regression techniques, this study examines the role of aggregate level variables on sentence length decisions across four distinct time periods. Moreover, this article also examines whether aggregate-level variables condition the effects of race/ethnicity on sentencing outcomes. While the direct effects of aggregate-level variables on sentencing outcomes are generally limited to …
The Difficulties Of Democratic Mercy, Aziz Huq
The Use And Misuse Of Patent Licenses, Jonathan Masur
Examining The Use Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland, Kate O'Hara, Mary Rogan
Examining The Use Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland, Kate O'Hara, Mary Rogan
Articles
Ireland’s highly discretionary sentencing system provides a rare opportunity to study the behaviour of judges when relatively free of externally imposed constraints. While this is so, few studies have investigated sentencing trends.
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Articles
No abstract provided.
A Look Back At The "Gatehouses And Mansions" Of American Criminal Procedure, Yale Kamisar
A Look Back At The "Gatehouses And Mansions" Of American Criminal Procedure, Yale Kamisar
Articles
I am indebted to Professor William Pizzi for remembering—and praising—the “Gatehouses and Mansions” essay I wrote fifty years ago. A great many articles and books have been written about Miranda. So it is nice to be remembered for an article published a year before that famous case was ever decided.
Resentencing In The Shadow Of Johnson V. United States, Leah Litman
Resentencing In The Shadow Of Johnson V. United States, Leah Litman
Articles
On June 26, 2015, the Supreme Court handed down a decision many years in the making—Johnson v. United States. Johnson held that the ‘‘residual clause’’ of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Although Johnson may have been overshadowed in the final days of a monumental Supreme Court term, the decision is a significant one that will have important consequences for the criminal justice system. ACCA’s residual clause imposed a severe 15-year mandatory minimum term of imprisonment, and many federal prisoners qualify for ACCA’s mandatory minimum. Johnson did away with ACCA’s residual clause such that defendants will no …
Religious Objections To The Death Penalty After Hobby Lobby, Danieli Evans
Religious Objections To The Death Penalty After Hobby Lobby, Danieli Evans
Articles
In Glossip v. Gross, the Supreme Court held that in order to prevail on the claim that a method of execution is cruel and unusual punishment, petitioners must prove that there is an available alternative that entails a lesser risk of pain. In this case, the state was using a method that is allegedly more painful than drugs used in the past because manufacturers of the preferable drugs objected to selling them for the purpose of executions. These manufacturers are not alone in their desire to boycott the death penalty. Many religious groups have declared opposition to the death …
Peer Victimization And Drd4 Genotype Influence Problem Behaviors In Young Children, Lisabeth Fisher Dilalla, Kyle Bersted, Sufna Gheyara John
Peer Victimization And Drd4 Genotype Influence Problem Behaviors In Young Children, Lisabeth Fisher Dilalla, Kyle Bersted, Sufna Gheyara John
Articles
Decades of research supports the presence of significant genetic influences on children’s internalizing (emotional), externalizing (acting out), and social difficulties, including victimization. Additionally, being victimized has been shown to relate to further behavioral problems. The current study assessed the nature of the gene-environment relationships between the DRD4 gene, peer victimization, and externalizing and internalizing difficulties in 6- to 10-year- old children. 174 children (56% girls; 88.6% Caucasian, 3.4% African American, 8% mixed race or Mayan) and their parents were administered victimization and problem behavior questionnaires, and DRD4 was genotyped for the children. An interaction between genes (DRD4) and environment (victimization) …
Genetic Influences On Peer And Family Relationships Across Adolescent Development: Introduction To The Special Issue, Lisabeth Fisher Dilalla, Paula Y. Mullineaux
Genetic Influences On Peer And Family Relationships Across Adolescent Development: Introduction To The Special Issue, Lisabeth Fisher Dilalla, Paula Y. Mullineaux
Articles
Nearly all aspects of human development are influenced by genetic and environmental factors, which conjointly shape development through several gene-environment interplay mechanisms. More recently, researchers have begun to examine the influence of genetic factors on peer and family relationships across the pre-adolescent and adolescent time periods. This article introduces the special issue by providing a critical overview of behavior genetic methodology and existing research demonstrating gene-environment processes operating on the link between peer and family relationships and adolescent adjustment. The overview is followed by a summary of new research studies, which use genetically informed samples to examine how peer and …
The American Jury System: A Synthetic Overview, Richard O. Lempert
The American Jury System: A Synthetic Overview, Richard O. Lempert
Articles
This essay is intended to provide in brief compass a review of much that is known about the American jury system, including the jury’s historical origins, its political role, controversies over its role and structure, its performance, both absolutely and in comparison to judges and mixed tribunals, and proposals for improving the jury system. The essay is informed throughout by 50 years of research on the jury system, beginning with the 1965 publication of Kalven and Zeisel’s seminal book, The American Jury. The political importance of the jury is seen to lie more in the jury’s status as a one …
Using Screening And Assessment Evidence Of Trauma In Child Welfare Cases, Frank E. Vandervort
Using Screening And Assessment Evidence Of Trauma In Child Welfare Cases, Frank E. Vandervort
Articles
If you are a child welfare lawyer representing children, parents, or the child welfare agency, understanding how traumatic experiences may impact your clients will help you frame your advocacy. Understanding children and their parents’ histories of exposure to potentially traumatic life events and how those events have impacted the client’s functioning—in school, in interactions with other people, and as parents—can be critical to framing your approach in the case. Evidence of the client’s trauma history and any compromised functioning that may have resulted from that trauma is critical to integrate into your advocacy.
Residual Impact: Resentencing Implications Of Johnson's Potential Ruling On Acca's Constitutionality, Leah Litman
Residual Impact: Resentencing Implications Of Johnson's Potential Ruling On Acca's Constitutionality, Leah Litman
Articles
In January 2015, the Supreme Court directed the parties to brief and argue an additional question in Johnson v. United States: “Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e)(2)(B)(ii), is unconstitutionally vague.” The order represents an unusual move because the defendant had not raised the vagueness issue and the Court issued the order after it had already heard argument on the question raised in the petition for certiorari. Commentators therefore view the order as a signal that the Court will likely invalidate the residual clause. This decision will have been several years …
The Overlooked Benefits Of The Blackstone Principle, Jonathan Masur, John Bronsteen
The Overlooked Benefits Of The Blackstone Principle, Jonathan Masur, John Bronsteen
Articles
No abstract provided.
Second-Order Regulation Of Law Enforcement, John Rappaport
Second-Order Regulation Of Law Enforcement, John Rappaport
Articles
No abstract provided.
State Regulation And The Necessary And Proper Clause, William Baude
State Regulation And The Necessary And Proper Clause, William Baude
Articles
No abstract provided.
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Articles
This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The strategies comply with the statute’s limits yet also allow U.S. district courts to remain a forum for the vindication of the constitutional rights of at least some of the nation’s millions of prisoners. After Part I’s introduction, Part II summarizes in several charts the PLRA’s sharp impact on the prevalence and outcomes of prison litigation, but demonstrates that there are still many cases and situations in which courts continue to …
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Articles
The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined prisoners' ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners' meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys' fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made …
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Articles
Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …
At The Fontier Of The Younger Doctrine: Reflections On Google V. Hood, Gil Seinfeld
At The Fontier Of The Younger Doctrine: Reflections On Google V. Hood, Gil Seinfeld
Articles
On December 19, 2014, long-simmering tensions between Mississippi Attorney General Jim Hood and the search engine giant Google boiled over into federal court when Google filed suit against the Attorney General to enjoin him from bringing civil or criminal charges against it for alleged violations of the Mississippi Consumer Protection Act. Hood had been investigating and threatening legal action against Google for over a year for its alleged failure to do enough to prevent its search engine, advertisements, and YouTube website from facilitating public access to illegal, dangerous, or copyright protected goods. The case has garnered a great deal of …
Unbundling Criminal Trial Rights, John Rappaport
Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler
Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler
Articles
No abstract provided.
Social Services Will Not Touch Us With A Barge Pole’: Social Care Provision For Older Prisoners, Kate O'Hara, Katrina Forsyth, Jane Senior, Caroline Stevenson, Adrian Hayes, David Challis, Jenny Shaw
Social Services Will Not Touch Us With A Barge Pole’: Social Care Provision For Older Prisoners, Kate O'Hara, Katrina Forsyth, Jane Senior, Caroline Stevenson, Adrian Hayes, David Challis, Jenny Shaw
Articles
Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services but reported significant difficulties in arranging care for individuals. A professional lead for older prisoners had been identified in 81% of …
Legal Scholarship For Judges, Diane P. Wood
Religion, Delinquency, And Drug Use: A Meta-Analysis, P. Elizabeth Kelly, Joshua R. Polanin, Sung Joon Jang, Byron R. Johnson
Religion, Delinquency, And Drug Use: A Meta-Analysis, P. Elizabeth Kelly, Joshua R. Polanin, Sung Joon Jang, Byron R. Johnson
Articles
Contemporary research on adolescent involvement in religion and delinquency is generally traced to Hirschi and Stark’s 1969 study, titled ‘‘Hellfire and Delinquency.’’ Their study surprised many by reporting no significant relationship between religious involvement and delinquency. Subsequent replications provided mixed results, but multiple reviews, both traditional and systematic, found religious involvement to be inversely related to delinquency. However, meta-analysis of the relationship remains scant with only three studies published to date. To address this research need, we conducted a meta-analysis of 62 relevant studies over four decades, which provided 145 effect sizes from 193,656 adolescents. We examined six bivariate correlations …
Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel
Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel
Articles
No abstract provided.
Critical Perspectives On Police, Policing, And Mass Incarceration, Richard Delgado, Jean Stefancic
Critical Perspectives On Police, Policing, And Mass Incarceration, Richard Delgado, Jean Stefancic
Articles
Shows that aggressive policing is only one of a number of measures that society uses to control minority groups with whom it is displeased for some reason and that failing to see how the authorities deploy the different measures separately serially or in coordinated fashion is a serious mistake Sketches a new form of policing that is respectful of minority residents and values and provides a framework for reducing excessive incarceration and mitigating some of the cruelties associated with it
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Articles
This essay examines hip hop music as a form of legal criticism. It focuses on the music as critical resistance and “new terrain” for understanding the law, and more specifically, focuses on what prisons mean to Muslim hip hop artists. Losing friends, family, and loved ones to the proverbial belly of the beast has inspired criticism of criminal justice from the earliest days of hip hop culture. In the music, prisons are known by a host of names like “pen,” “bing,” and “clink,” terms that are invoked throughout the lyrics. The most extreme expressions offer violent fantasies of revolution and …
Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit
Articles
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …
On Law-Breaking And Law's Legitimacy, Aliza Plener Cover
On Law-Breaking And Law's Legitimacy, Aliza Plener Cover
Articles
No abstract provided.