Law Commons^™

The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins

Ira P. Robbins

A Dedication To Andrew E. Taslitz: “It’S All About The Egyptians,” And Maybe Tinkerbell Too, Stephen E. Henderson

Stephen E Henderson

This brief memorial remembers Andy's incredible friendship and service, and explains why this Symposium volume is so appropriately dedicated to his memory.

Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova

Vladislava Stoyanova

This article addresses the interaction between international human rights law and national criminal law as exemplified and revealed in relation to the abuses of slavery, servitude, forced labour and human trafficking (THB). First, I point out the mismatch between the interpretative techniques of international human rights law and national criminal law. The reportedly low numbers of prosecutions and convictions for abuses against migrants has gathered increasing attention. As a reaction it has been suggested that the definitions of THB and of slavery, servitude and forced labour (where the latters have been specifically criminalized) have to be expansively construed. These suggestions …

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …

The Regulation Of Sentencing Decisions: Why Information Disclosure Is Not Sufficient, And What To Do About It, W. C. Bunting

W. C. Bunting

ABSTRACT: This Article identifies a number of problems, both in practice and in theory, in what is denoted here as the “information disclosure model of sentencing regulation.” While the disclosure model places a lack of information at the heart of the problem of inefficient sentencing policy, the present article explains how the problem is better understood, not as informational, but incentives-based. A statutory appropriation requirement is described that seeks to correct an explained incentive to engage in myopic legislative decision-making; specifically, a one-year appropriation is required from a general budget fund into a statutorily-created special reserve fund for any proposed …