Law Commons^™

Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore

Senior Theses

The Great Reforms of Alexander II are regarded as transformative policies in the history of Tsarist Russia, drastically changing the empire’s social and political fabric. The judicial reforms of 1864 in particular addressed longstanding issues within the existing criminal justice system, yet they also liberalized the institution at large. Following in the West’s footsteps, the reforms introduced an unprecedented level of democracy into Russia’s courtroom. Among the critics of these changes were renowned authors Fyodor Dostoevsky and Leo Tolstoy, both of whom used the realm of fiction to explore their respective concerns with reformed Russian jurisprudence. Both authors bring distinct …

Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis

South Carolina Law Review

No abstract provided.

Covid-19 And Business Interruption Insurance: The Constitutionality Of Legislatively Mandated Coverage, William G. Arnold

South Carolina Law Review

No abstract provided.

Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer

South Carolina Law Review

No abstract provided.

A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf

South Carolina Law Review

No abstract provided.

Terry V. Ohio And The (Un)Forgettable Frisk, Seth W. Stoughton

Faculty Publications

No abstract provided.

Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997- 2012, Ann M. Eisenberg

Faculty Publications

The Supreme Court’s May 2016 decision in Foster v. Chatman involved smoking-gun evidence that the State of Georgia discriminated against African-Americans in jury selection during Foster’s 1987 capital trial. Foster was decided on the thirtieth anniversary of Batson v. Kentucky, the first in the line of cases to prohibit striking prospective jurors on the basis of their race or gender. But the evidence of discrimination for Batson challenges is rarely so obvious and available as it was in Foster.

Where litigants have struggled to produce evidence of discrimination in individual cases, empirical studies have been able to assess jury selection …

To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate

South Carolina Law Review

No abstract provided.

Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle

South Carolina Law Review

No abstract provided.

A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne

South Carolina Law Review

No abstract provided.

Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein

South Carolina Law Review

No abstract provided.

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

Principled Policing: Warrior Cops And Guardian Officers, Seth W. Stoughton

Faculty Publications

Policing in the United States is in crisis. Public confidence in policing is at the lowest point since the Rodney King beating. A bare majority of Americans still report confidence in the police, and an unprecedented number of people report no or very little confidence in policing. A long history of poor police/community relations in minority and low-income neighborhoods has been exacerbated by egregious acts of misconduct, some of which have been captured on video and shared on social media. Activists, politicians, and police officials themselves have called for better education and equipment, from de-escalation training to body-worn camera systems. …

To Tell You The Truth, Federal Rule Of Criminal Procedure 24(A) Should Be Amended To Permit Attorneys To Conduct Voir Dire Of Prospective Jurors, C. J. Williams

South Carolina Law Review

No abstract provided.

Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker

Faculty Publications

No abstract provided.

Anchors Away: Why The Anchoring Effect Suggests That Judges Should Be Able To Participate In Plea Discussions, Colin Miller

Faculty Publications

The “anchoring effect” is a cognitive bias by which people evaluate numbers by focusing on a reference point – an anchor – and adjusting up or down from that anchor. Unfortunately, people usually do not sufficiently adjust away from their anchors, so the initial choice of anchors has an inordinate effect on their final estimates. More than 90% of all criminal cases are resolved by plea bargains. In the vast majority of those cases, the prosecutor makes the initial plea offer, and prosecutors often make high initial offers. Assuming that the prosecutor’s opening offer operates as an anchor, nearly all …

Impeachable Offenses?: Why Civil Parties In Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under The Felony Impeachment Rule, Colin Miller

Faculty Publications

No abstract provided.

Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert

Faculty Publications

Traditionally explanations of police use of force have relied on a racial threat perspective. Tests of this perspective, however, typically offer a single indicator of threat (the relative size of the black population) and fail to adequately take into account the complex relationship between racial threat and police use of force. Drawing on racial threat, social disorganization, and police use of force literature, this study hypothesizes that macro-level patterns in police use of force are embedded in the racial and structural composition of cities and the organizational climate of local politics and police departments. The present study examines these relationships …

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Faculty Publications

The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …

The Right To Kill In Resisting An Illegal Arrest, James L. Gibbs

South Carolina Law Review

No abstract provided.