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Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Articles

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.

Crimes, Widgets, And Plea Bargaining: An Analysis Of Charge Content, Pleas, And Trials, Kyle Graham

Faculty Publications

This article considers how the composition and gravamen of a charged crime can affect the parties’ willingness and ability to engage in plea bargaining. Most of the prevailing descriptions of plea bargaining ignore or discount the importance of charge content in plea negotiations. In fact, one leading commentator has likened crimes to widgets insofar as plea bargaining is concerned. In developing its counter-thesis, this article reviews seven years of federal conviction data, focusing on those crimes that produce the most and fewest trials relative to how often they are alleged; the most and fewest acquittals at trial; and the most …

High Court Was Wrong To Stop 'War Crimes' Extradition, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

In 2005, the Australian government and ALP opposition stated their firm principled position on war criminals: extradite or prosecute. War criminals are not welcome to live freely in Australia. As the High Court has recently blocked a war crimes extradition, it has left the government with a difficult potential prosecution.

Hungary had requested the Commonwealth government to extradite Charles Zentai to stand trial for a war crime committed in 1944. Allegedly, while a member of the Hungarian Royal Armed Forces, Zentai recognised Peter Balazs, an 18-year old-youth, as a Jew who was out on the street without wearing the yellow …