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Full-Text Articles in Law
The Problem With Inference For Juvenile Defendants, Jenny E. Carroll
The Problem With Inference For Juvenile Defendants, Jenny E. Carroll
Faculty Scholarship
Much of criminal law relies on proof by inference. In criminal law, fact finders untangle not only what happened, but why it happened. It is answering the “why” question that places an act and its result on the legal spectrum of liability. To reach that answer, the fact finder must engage in an interpretive act, considering not only what can be seen or heard, but the significance of that testimony or physical evidence in real world contexts – the world in which they occurred but also the fact finder’s own world. Recent developments in neuroscience suggest that in the context …
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll
Faculty Scholarship
A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals.
By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize them. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …
Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon
Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon
Faculty Scholarship
Well over 90 percent of all criminal cases in the United States are resolved by plea bargaining and not by trial. This means that how plea bargaining works impacts nearly every criminal defendant. However, there are few restrictions to protect defendants in the negotiating process. One serious problem is that prosecutors regularly use hard bargaining tactics such as exploding offers, threats to add enhancements, take-it-or-leave-it offers, and threats to seek the death penalty. These hard bargaining tactics contribute to the often highly coercive atmosphere of plea bargaining that can lead innocent defendants to plead guilty. Pressure to plead guilty can …