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Articles 1 - 21 of 21
Full-Text Articles in Entire DC Network
Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric
Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric
Seattle University Law Review
Criminal sanctions are a necessary and appropriate response to crime. But extremism, especially when coupled with a slavish and unthinking adherence to traditional practices, nearly always produces unfortunate consequences. Such is the case with the rapid growth in prison numbers in the United States over the past two decades. The prime purpose of imprisonment is to punish serious offenders and to prevent them from reoffending during the period of detention. The overuse of imprisonment has resulted in the violation of the most cardinal moral prohibition associated with imprisonment: punishing the innocent. The runaway cost of the prison budget has resulted …
Criminalizing “Private” Torture, Tania Tetlow
Criminalizing “Private” Torture, Tania Tetlow
William & Mary Law Review
This Article proposes a state crime against torture by private actors as a far better way to capture the harm of serious domestic violence. Current criminal law misses the cumulative terror of domestic violence by fracturing it into individualized, misdemeanor batteries. Instead, a torture statute would punish a pattern crime— the batterer’s use of repeated violence and threats for the purpose of controlling his victim. And, for the first time, a torture statute would ban nonviolent techniques committed with the intent to cause severe pain and suffering, including psychological torture, sexual degradation, and sleep deprivation.
Because serious domestic violence routinely …
Section 4: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Criminal Justice News, Georgia Southern University
Criminal Justice News, Georgia Southern University
Criminal Justice & Criminology News (2012-2023)
- Criminology and Criminal Justice Students Present at 2016 CURIO Conference
- Dr. Posick and Dr. Brent Present at Annual D.I.F Conference
- Dr. Brent Awarded 2016 Faculty Research Committee Award
- Dr. Agnich and Dr. Brent Nominated for University Awards
- Mock Mediation Club Hosts First Tournament at Southern
- Criminal Justice and Criminology Faculty Publish their Research
Implementing Change In Sentencing And Corrections: The Need For Broad-Based Research, Nora V. Demleitner
Implementing Change In Sentencing And Corrections: The Need For Broad-Based Research, Nora V. Demleitner
Scholarly Articles
None available
Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore
Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore
Steven E Gilmore
Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert
Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert
Faculty Articles
The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.
In particular, I …
The Young And The Redemptionless? Juvenile Offenders Before Miller V. Alabama, Katherine Johnson
The Young And The Redemptionless? Juvenile Offenders Before Miller V. Alabama, Katherine Johnson
Duke Journal of Constitutional Law & Public Policy Sidebar
The Eighth Amendment to the U.S. Constitution prohibits excessive criminal sanctions, and the Supreme Court has held that this provision has special application in situations dealing with juvenile offenders. This Commentary looks at the recent Supreme Court case of Montgomery v. Louisiana, in which the Court held that there was a constititutional prohibition of life sentences without parole for juvenile offenders. This Commentary argues that this is the correct result under the Court’s Eighth Amendment jurisprudence but that the Court should also have held that the sole remedy for such constitutional violations is resentencing.
Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary
Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary
Fordham Urban Law Journal
No abstract provided.
Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan
Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan
Fordham Urban Law Journal
No abstract provided.
Reconciliation Through A Judicial Lens: Competing Legitimation Framework In The Icty's Plavsic And Babic Judgments, Kerstin Bree Carlson
Reconciliation Through A Judicial Lens: Competing Legitimation Framework In The Icty's Plavsic And Babic Judgments, Kerstin Bree Carlson
Denver Journal of International Law & Policy
No abstract provided.
The Building Blocks Of Hybrid Justice, Beth Vanschaack
The Building Blocks Of Hybrid Justice, Beth Vanschaack
Denver Journal of International Law & Policy
No abstract provided.
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
Contributions to Books
No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …
From Jones To Jones: Fifteen Years Of Incoherence In The Constitutional Law Of Sentencing Factfinding, Benjamin Priester
From Jones To Jones: Fifteen Years Of Incoherence In The Constitutional Law Of Sentencing Factfinding, Benjamin Priester
Journal Publications
For over 15 years, the United States Supreme Court has struggled to define the constitutional constraints upon a ubiquitous practice in contemporary American criminal justice: the exercise of factfinding authority by sentencing judges in the course of determining the specific punishment to be imposed upon an individual convicted of a criminal offense. While the Court has permitted much sentencing factfinding to continue unabated, its decisions have identified certain scenarios in which an offender's constitutional rights are violated when a fact found at sentencing creates particular impacts on the punishment. Unfortunately, from the beginning this new constitutional doctrine in criminal procedure …
Guns And Drugs, Benjamin Levin
Guns And Drugs, Benjamin Levin
Scholarship@WashULaw
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …
Criminal Labor Law, Benjamin Levin
Criminal Labor Law, Benjamin Levin
Scholarship@WashULaw
This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …
Training For Bargaining, Jenny M. Roberts, Ronald F. Wright
Training For Bargaining, Jenny M. Roberts, Ronald F. Wright
Articles in Law Reviews & Other Academic Journals
While plea bargaining dominates the practice of criminal law, preparation for trial remains central to defense attorneys’ training. Negotiation is still peripheral to that training. Defense lawyers enter practice with little exposure to negotiation techniques and strategies in the plea bargaining context, the most significant skills they use every day.
Empirical research on plea negotiations has concentrated on outcomes of negotiations rather than the process itself. Our multi-phase field study examines the negotiation techniques that attorneys use during plea bargaining, as well as their preparation and training for negotiation. This Article explores the data on the training aspects of our …
State-Enabled Crimes, Rebecca Hamilton
State-Enabled Crimes, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins
Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins
Ira P. Robbins
The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow
The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow
Kevin Crow