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Full-Text Articles in Law
How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge
How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge
Loyola University Chicago Law Journal
No abstract provided.
Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen
Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen
Loyola University Chicago Law Journal
Criminal offenders who inflict serious bodily injury to another in the course of criminal conduct are typically sentenced more harshly than those who do not cause such injuries. But what if the harm caused is “mental” or “psychological” and not “physical”? Should the sentencing enhancement still apply? Federal and state courts are already wrestling with this issue, and modern neuroscience offers new challenges to courts’ analyses. This Article thus tackles the question: In light of current neuroscientific knowledge, when and how should sentencing enhancements for bodily injury include mental injuries? The Article argues that classification of “mental” as wholly distinct …
Threats And Bullying By Prosecutors, Bennett L. Gershman
Threats And Bullying By Prosecutors, Bennett L. Gershman
Loyola University Chicago Law Journal
No abstract provided.
The Economic Perspective On Sentencing, Joshua B. Fischman
The Economic Perspective On Sentencing, Joshua B. Fischman
Loyola University Chicago Law Journal
Although economists have been actively engaged in research on criminal sentencing, the synergies between the two fields are hardly obvious. This Essay considers what economists have to contribute to the study of sentencing. One common explanation—that economists’ use of rational choice modeling has applicability to the study of deterrence—does not adequately account for much of the sentencing research that economists are producing. This Essay considers two alternative explanations. First, empirical research in both fields is predominately observational. Due to practical limits on controlled experimentation, economists have developed a variety of tools for making causal inferences from observational data, many of …
The Law And Economics Of Stop-And-Frisk, David Abrams
The Law And Economics Of Stop-And-Frisk, David Abrams
Loyola University Chicago Law Journal
The relevant economic and legal research relating to police use of stop-and-frisk has largely been distinct. There is much to be gained by taking an interdisciplinary approach. This Essay emphasizes some of the challenges faced by those seeking to evaluate the efficacy and legality of stop-and-frisk, and suggests some ways forward and areas of exploration for future research
Skepticism About Deterrence, Thomas S. Ulen
Skepticism About Deterrence, Thomas S. Ulen
Loyola University Chicago Law Journal
In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …