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The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde Dec 2003

The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde

Alaska Law Review

No abstract provided.


Justification And Excuse, Law And Morality, Mitchell N. Berman Oct 2003

Justification And Excuse, Law And Morality, Mitchell N. Berman

Duke Law Journal

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near-consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs and …


Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies Jul 2003

Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies

Law and Contemporary Problems

Oregon, Washington and Utah have recently taken empirical steps to assess the extent to which minorities are overrepresented in their respective criminal justice systems and to seek out the root causes of any overrepresentation observed. Davies contrasts and critiques the disparate analytical approaches utilized by these states and offers some thoughts about how people might improve the chances of success of future similar efforts.


From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt Jul 2003

From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt

Law and Contemporary Problems

Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.


Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz Jul 2003

Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz

Law and Contemporary Problems

Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.


Drug Wars In Black And White, Joseph E. Kennedy Jul 2003

Drug Wars In Black And White, Joseph E. Kennedy

Law and Contemporary Problems

The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.


Judicial Selection In Alaska: Justifications And Proposed Courses Of Reform, Tillman J. Finley Jun 2003

Judicial Selection In Alaska: Justifications And Proposed Courses Of Reform, Tillman J. Finley

Alaska Law Review

No abstract provided.


Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. K. B. Darmer Apr 2003

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.


Overcoming The Myth Of Free Will In Criminal Law: The True Impact Of The Genetic Revolution, Matthew Jones Mar 2003

Overcoming The Myth Of Free Will In Criminal Law: The True Impact Of The Genetic Revolution, Matthew Jones

Duke Law Journal

No abstract provided.