Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (61)
- Criminal Law (51)
- Criminal Procedure (16)
- Law Enforcement and Corrections (7)
- Law and Race (7)
-
- Constitutional Law (6)
- Social and Behavioral Sciences (6)
- Civil Rights and Discrimination (5)
- Criminology and Criminal Justice (5)
- Law and Society (5)
- Legal Studies (5)
- Courts (4)
- Law and Psychology (4)
- Business Organizations Law (3)
- Human Rights Law (3)
- Law and Politics (3)
- Legislation (3)
- State and Local Government Law (3)
- Family Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Jurisprudence (2)
- Juvenile Law (2)
- Psychology (2)
- Public Law and Legal Theory (2)
- Social Control, Law, Crime, and Deviance (2)
- Sociology (2)
- Supreme Court of the United States (2)
- African American Studies (1)
- Animal Law (1)
- Institution
-
- University of Denver (14)
- Selected Works (8)
- Vanderbilt University Law School (4)
- Fordham Law School (3)
- Georgetown University Law Center (3)
-
- University of Georgia School of Law (3)
- Boston University School of Law (2)
- Loyola University Chicago, School of Law (2)
- Texas A&M University School of Law (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- Columbia Law School (1)
- Louisiana State University Law Center (1)
- Loyola Marymount University and Loyola Law School (1)
- Medical University of South Carolina (1)
- New York Law School (1)
- Ohio Northern University (1)
- Osgoode Hall Law School of York University (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- St. Thomas University College of Law (1)
- The University of Akron (1)
- UIdaho Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of North Carolina School of Law (1)
- University of Rhode Island (1)
- University of the District of Columbia School of Law (1)
- West Virginia University (1)
- Western New England University (1)
- Publication
-
- University of Denver Criminal Law Review (14)
- Faculty Scholarship (7)
- Owen Jones (4)
- Georgetown Law Faculty Publications and Other Works (3)
- All Faculty Scholarship (2)
-
- Faculty Publications & Other Works (2)
- Publications (2)
- Scholarly Works (2)
- Vanderbilt Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- AI-DR Collection (1)
- Akron Law Review (1)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- Christopher Slobogin (1)
- Faculty & Staff Scholarship (1)
- Faculty Journal Articles and Book Chapters (1)
- Idaho Law Review (1)
- Intercultural Human Rights Law Review (1)
- Journal Articles (1)
- LLM Theses (1)
- Library Impact Statements (1)
- Louisiana Law Review (1)
- Loyola of Los Angeles Law Review (1)
- MUSC Theses and Dissertations (1)
- Marah McLeod (1)
- Maryland Law Review (1)
- Ohio Northern University Law Review (1)
- Popular Media (1)
- Russell L. Weaver (1)
- Publication Type
Articles 1 - 30 of 64
Full-Text Articles in Entire DC Network
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
University of Denver Criminal Law Review
No abstract provided.
Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson
Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson
University of Denver Criminal Law Review
No abstract provided.
Front Matter, University Of Denver Criminal Law Journal
Front Matter, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
University of Denver Criminal Law Review
No abstract provided.
Right To Counsel Vs. Right To A Speedy Trail: How The Public Defender Crisis Is Causing A Sixth Amendment Conflict, Conor R. Mccullough
Right To Counsel Vs. Right To A Speedy Trail: How The Public Defender Crisis Is Causing A Sixth Amendment Conflict, Conor R. Mccullough
University of Denver Criminal Law Review
No abstract provided.
Sacrificing Fundamental Principles Of Justice For Efficiency: The Case Against Alford Pleas, Brandi L. Joffrion
Sacrificing Fundamental Principles Of Justice For Efficiency: The Case Against Alford Pleas, Brandi L. Joffrion
University of Denver Criminal Law Review
No abstract provided.
Sixth Amendment Rising: The Newly Emerging Constitutional Case For Trial By Jury In Criminal Sentencing, Robert Hardaway
Sixth Amendment Rising: The Newly Emerging Constitutional Case For Trial By Jury In Criminal Sentencing, Robert Hardaway
University of Denver Criminal Law Review
No abstract provided.
The Impact Of Arizona V. Gant On Search And Seizure Law As Applied To Vehicle Searches, Michael C. Gizzi, R. Craig Curtis
The Impact Of Arizona V. Gant On Search And Seizure Law As Applied To Vehicle Searches, Michael C. Gizzi, R. Craig Curtis
University of Denver Criminal Law Review
No abstract provided.
The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson
The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson
Loyola of Los Angeles Law Review
The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …
Reestablishing A Knowledge Mens Rea Requirement For Armed Career Criminal Act "Violent Felonies" Post-Voisine, Jeffrey A. Turner
Reestablishing A Knowledge Mens Rea Requirement For Armed Career Criminal Act "Violent Felonies" Post-Voisine, Jeffrey A. Turner
Vanderbilt Law Review
Until 2016, federal courts unanimously concluded that predicate offenses for the Armed Career Criminal Act ('ACCA") required a knowledge mens rea. Therefore, any state law crimes that could be com- mitted with a reckless mens rea were not "violent felonies" and could not serve as ACCA predicates. In 2016, however, the U.S. Supreme Court's opinion in Voisine v. United States disrupted that lower court consensus. The Court stated that a reckless mens rea was sufficient to violate 18 U.S.C. § 922(g)(9), which bars individuals convicted of misdemeanor domestic violence offenses from possessing firearms.
The ACCA's language is similar to § …
Coordinating Compliance Incentives, Veronica Root
Coordinating Compliance Incentives, Veronica Root
Veronica Root
In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that governmental actors — from the Department of Justice, to the Securities and Exchange Commission, to even the Commerce Department — place on the need for institutions to adopt “effective compliance programs.” The governmental actors that demand effective compliance programs, however, have narrow scopes of authority. DOJ Fraud handles violations of the Foreign Corrupt Practices Act, while the …
The Death Penalty As Incapacitation, Marah S. Mcleod
The Death Penalty As Incapacitation, Marah S. Mcleod
Marah McLeod
Courts and commentators give scant attention to the incapacitation rationale for capital punishment, focusing instead on retribution and deterrence. The idea that execution may be justified to prevent further violence by dangerous prisoners is often ignored in death penalty commentary. The view on the ground could not be more different. Hundreds of executions have been premised on the need to protect society from dangerous offenders. Two states require a finding of future dangerousness for any death sentence, and over a dozen others treat it as an aggravating factor that turns murder into a capital crime.
How can courts and commentators …
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
Faculty & Staff Scholarship
This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by …
Bias In, Bias Out, Sandra G. Mason
Bias In, Bias Out, Sandra G. Mason
AI-DR Collection
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.
This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz
Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.
While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …
Sentencing Persons Convicted Of Minor Offences In Ghana: Reducing Judicial Over-Reliance On Imprisonment, Nenyo Kwasitsu
Sentencing Persons Convicted Of Minor Offences In Ghana: Reducing Judicial Over-Reliance On Imprisonment, Nenyo Kwasitsu
LLM Theses
This thesis argues that there is overuse of imprisonment for minor offenders in Ghana. These are offenders whose punishments go up to 3 years of jail time, essentially offending mainly for reasons of material poverty. Statutory sentencing provisions have essentially limited judges to impose jail terms. It is argued that one way to decongest Ghana’s prisons is to consider the institutionalization of a regime of community service orders and probation, the administration of which would equip the offenders with income-earning skills while they also reform. Drawing on Kenya, a country that has achieved reasonable success in this reform effort, this …
Sorting Guilty Minds, Owen D. Jones, Francis X. Shen, Morris B. Hoffman, Joshua D. Greene, Rene Marois
Sorting Guilty Minds, Owen D. Jones, Francis X. Shen, Morris B. Hoffman, Joshua D. Greene, Rene Marois
Owen Jones
Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort that mental state into one of four specific categories - purposeful, knowing, reckless, or negligent - which in turn defines the nature of the crime and the extent of the punishment. The MPC therefore assumes that ordinary people naturally sort mental states into these four categories with a high degree of accuracy, or at least can reliably do so when properly instructed. It also assumes that ordinary …
The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban
The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban
Owen Jones
Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself-physical aggression, takings without consent, and deception in transactions-the shared intuitions are stunningly consistent across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result?
The authors theorize that one explanation may be an evolved predisposition toward these shared intuitions of justice, …
Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban
Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban
Owen Jones
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue.
As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Kenneth W. Simons
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Kenneth W. Simons
Owen Jones
A central tenet of Anglo-American penal law is that in order for an actor to be found criminally liable, a proscribed act must be accompanied by a guilty mind. While it is easy to understand the importance of this principle in theory, in practice it requires jurors and judges to decide what a person was thinking months or years earlier at the time of the alleged offense, either about the results of his conduct or about some elemental fact (such as whether the briefcase he is carrying contains drugs). Despite the central importance of this task in the administration of …
Down To The Last Strike: The Effect Of The Jury Lottery On Criminal Convictions, Scott Kostyshak, Neel U. Sukhatme
Down To The Last Strike: The Effect Of The Jury Lottery On Criminal Convictions, Scott Kostyshak, Neel U. Sukhatme
Georgetown Law Faculty Publications and Other Works
How much does luck matter to a criminal defendant in a jury trial? We use rich data on jury selection to causally estimate how parties who are randomly assigned a less favorable jury (as proxied by whether their attorneys exhaust their peremptory strikes) fare at trial. Our novel identification strategy uniquely captures variation in juror predisposition using data unobserved by the econometrician but observed by attorneys. Criminal defendants who lose the “jury lottery” are more likely to be convicted than similarly-situated counterparts, with a significant increase (18-20 percentage points) for Black defendants. Our results are robust to alternate specifications and …
Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright
Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright
Maryland Law Review
No abstract provided.
Incapacitating Criminal Corporations, W. Robert Thomas
Incapacitating Criminal Corporations, W. Robert Thomas
Vanderbilt Law Review
If there is any consensus in the fractious debates over corporate punishment, it is this: a corporation cannot be imprisoned, incarcerated, jailed, or otherwise locked up. Whatever fiction the criminal law entertains about corporate personhood, having a physical "body to kick"-and, by extension, a body to throw into prison-is not one of them. The ambition of this project is not to reject this obvious point but rather to challenge the less-obvious claim it has come to represent: incapacitation, despite long being a textbook justification for punishing individuals, does not bear on the criminal law of corporations.
This Article argues that …