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The Idea Of "The Criminal Justice System", Sara Mayeux Jan 2018

The Idea Of "The Criminal Justice System", Sara Mayeux

Vanderbilt Law School Faculty Publications

The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the phrase. However, this way of describing and thinking about police, courts, jails, and prisons, as a holistic "system, " became pervasive only in the 1960s. This essay contextualizes the idea of "the criminal justice system" within the longer history of systems theories more generally, drawing on recent scholarship in intellectual history and the history of science. The essay then recounts how that longer history converged, in 1967 ...


The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani Sep 2017

The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani

Washington and Lee Law Review Online

In Matters of Strata: Race, Gender, and Class Structures in Capital Cases, Professor Phyllis Goldfarb examines the ways in which race, class, and gender affect the American criminal justice system generally, and its death penalty system in particular. This Response focuses on one of Goldfarb’s observations: The relationship between slavery and the death penalty. This relationship helps to explain why, over the past four decades, the thirteen states that comprised the former Confederacy have been responsible for nearly all of this nation’s executions. Although the U.S. Supreme Court has repeatedly failed to address the death penalty’s ...


The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler Jan 2017

The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler

Washington and Lee Law Review Online

No abstract provided.


Utah And Sports Law, Adam Epstein Jan 2017

Utah And Sports Law, Adam Epstein

Marquette Sports Law Review

None


Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess Jan 2015

Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess

Washington University Jurisprudence Review

No abstract provided.


The Jury's Constitutional Judgment, Nathan Chapman Jan 2015

The Jury's Constitutional Judgment, Nathan Chapman

Scholarly Works

Despite the early American jury’s near-mythical role as a check on overreaching government agents, the contemporary jury’s role in constitutional adjudication remains opaque. Should the jury have the right to nullify criminal statutes on constitutional grounds? Should the jury apply constitutional doctrine in civil rights suits against government officers? Should courts of appeals defer to the jury’s application of constitutional law, or review it de novo?

This Article offers the first holistic analysis of the jury’s role in constitutional adjudication. It argues that the Constitution’s text, history, and structure strongly support the jury’s authority ...


The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang Apr 2006

The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang

Law and Contemporary Problems

Rothenberg and Wang discuss the broader social implications of researching traits of interest to the criminal law. They consider the social impact for those who participate in behavioral genetics studies, particularly when such research focuses on behaviors related to conduct such as addiction.


Culture In Our Midst, Elaine M. Chiu Jan 2006

Culture In Our Midst, Elaine M. Chiu

Faculty Publications

Culture, like race, class, gender, sexual orientation and wealth is one of many ways in which the law is not neutral. Indeed, culture is a source of law. Yet, as traditional legal positivists have taught us, the law or legal doctrine can prove to be more powerful than culture, often outlasting it. The “mirror image” theory states that the laws of a particular locale reflect the culture of that locale. The law merely serves as enforcement of the common decency, propriety and morality of that culture. Not only is this understanding appealingly simple, it is often invoked by judges and ...


The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley Apr 1999

The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley

Law and Contemporary Problems

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.


Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power Dec 1998

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.


Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson Jan 1995

Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson

Fordham Urban Law Journal

In response to Richard Aborn's article "The Battle Over the Brady Bill and the Future of Gun Control Advocacy, Johnson argues that Aborn's "bad gun formula" trivializes the Second Amendment, ignores issues vital to the gun control debate, and obfuscates what should ultimately need to be a choice between an armed citizenry or a disarmed one. Aborn's article suggests no real changes and does not effectively advance the debate.


Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene Jan 1990

Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene

Hofstra Law Review

No abstract provided.