Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (25)
- University of Maine School of Law (25)
- Loyola University Chicago, School of Law (20)
- Fordham Law School (8)
- St. John's University School of Law (7)
-
- St. Mary's University (6)
- University of Rhode Island (6)
- University of Arkansas at Little Rock William H. Bowen School of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- University of South Carolina (5)
- University of Washington School of Law (5)
- Brooklyn Law School (4)
- Georgia State University College of Law (4)
- University of Michigan Law School (4)
- University of Richmond (4)
- University of the Pacific (4)
- Washington and Lee University School of Law (4)
- William & Mary Law School (4)
- Mercer University School of Law (3)
- Notre Dame Law School (3)
- Pace University (3)
- The Catholic University of America, Columbus School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- UIC School of Law (3)
- Universitas Indonesia (3)
- University of Baltimore Law (3)
- University of Georgia School of Law (3)
- Embry-Riddle Aeronautical University (2)
- Lincoln Memorial University (2)
- Pepperdine University (2)
- Keyword
-
- Criminal justice (15)
- Criminal procedure (7)
- Fourth Amendment (7)
- Reform (7)
- Criminal Procedure (6)
-
- Criminal justice reform (6)
- Democracy (6)
- Habeas corpus (6)
- Miranda (6)
- Police (6)
- Criminal law (5)
- Fourth amendment (5)
- Post-conviction review (5)
- Race (5)
- Sentencing (5)
- Capital Punishment (4)
- Criminal (4)
- Criminal Law and Procedure (4)
- Death penalty (4)
- Evidence (4)
- Jury (4)
- Law enforcement (4)
- Privacy (4)
- Prostitution (4)
- Search (4)
- Sex trafficking (4)
- Sexual exploitation (4)
- Supreme Court (4)
- Testimony (4)
- Appeal (3)
- Publication
-
- Maine Law Review (25)
- Public Interest Law Reporter (20)
- Northwestern University Law Review (19)
- Fordham Law Review (8)
- Dignity: A Journal of Analysis of Exploitation and Violence (6)
-
- The Catholic Lawyer (6)
- Brooklyn Law Review (4)
- Georgia State University Law Review (4)
- Journal of Criminal Law and Criminology (4)
- South Carolina Law Review (4)
- The Scholar: St. Mary's Law Review on Race and Social Justice (4)
- University of Richmond Law Review (4)
- University of the Pacific Law Review (4)
- Catholic University Law Review (3)
- Georgia Law Review (3)
- Indonesia Law Review (3)
- Mercer Law Review (3)
- Michigan Law Review (3)
- Nevada Law Journal (3)
- The Journal of Appellate Practice and Process (3)
- Touro Law Review (3)
- UIC Law Review (3)
- Washington International Law Journal (3)
- Washington and Lee Law Review (3)
- William & Mary Bill of Rights Journal (3)
- Journal of Digital Forensics, Security and Law (2)
- Kentucky Law Journal (2)
- Lincoln Memorial University Law Review Archive (2)
- Nevada Law Journal Forum (2)
- Northwestern Journal of Law & Social Policy (2)
Articles 31 - 60 of 206
Full-Text Articles in Law
Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Northwestern Journal of Law & Social Policy
No abstract provided.
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams
Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams
Oklahoma Journal of Law and Technology
No abstract provided.
The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia, Pavel Syosoevich Pastukhov, Svetlana Polyakova, Evelina Frolovich
The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia, Pavel Syosoevich Pastukhov, Svetlana Polyakova, Evelina Frolovich
Journal of Digital Forensics, Security and Law
The paper is aimed to analyze implementation of an integrated information system that provides forecasting, monitoring, prevention and elimination of possible threats, such as violation of information support of public authorities, businesses and municipal services and others as well as control of elimination of consequences of emergency situations and offenses with integration under its control action information and control duty subsystems, control, municipal services for their operational cooperation in the interests of of the municipality. In particular, it consideres how this unified system is applied in accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (USAIS) …
Brady Violations And The Due Diligence Rule In Montana, Kathryn Brautigam
Brady Violations And The Due Diligence Rule In Montana, Kathryn Brautigam
Montana Law Review
Brady Violations and the Due Diligence Rule in Montana
The House Always Wins: Systemic Disadvantage For Criminal Defendants And The Case Against The Prosecutorial Veto, Evan G. Hall
The House Always Wins: Systemic Disadvantage For Criminal Defendants And The Case Against The Prosecutorial Veto, Evan G. Hall
Cornell Law Review
No abstract provided.
Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens
Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens
Nevada Law Journal
No abstract provided.
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Nevada Law Journal
No abstract provided.
Providing For The Safety Of The Participants Of The Criminal Court Proceedings – The Subject Of Cconcern Of Russian Legislator, Government, Scientists And Practicians, Galina Yakovlevna Borisevich
Providing For The Safety Of The Participants Of The Criminal Court Proceedings – The Subject Of Cconcern Of Russian Legislator, Government, Scientists And Practicians, Galina Yakovlevna Borisevich
Journal of Digital Forensics, Security and Law
For many decades, the problems of the post-criminal impact onto the witnesses, complainants, other participants of the criminal procedures in Russian Federation has no solution. Criminal procedural Codes of 1922, 1923, 1960 did not mentioned them. Gradually, these problems have gained a widespread importance and interpretation. The fear of reprisal from the criminals, their close neighbourhood, the possibility to reprise led to the witnesses’ and the complainants’ refusal to testify or to changing the testimonies. All that negatively influenced substantiating the circumstances of the criminal cases. The absence of the safety measures in the legislation of the USSR and Russia …
Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman
Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman
Nevada Law Journal
No abstract provided.
Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety
Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety
Northwestern University Law Review
This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny.
In the criminal system, the near absence of any pretrial discovery means …
The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail
Pepperdine Law Review
For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have led to devastating …
Legal Dualism And Inconsistency Regarding Inmates’S Rights: A Review Toward Implementation Of Government Regulation Number 99 Of 2012, Feby Mutiara Nelson
Legal Dualism And Inconsistency Regarding Inmates’S Rights: A Review Toward Implementation Of Government Regulation Number 99 Of 2012, Feby Mutiara Nelson
Indonesia Law Review
In 1999, the Government of Indonesia established Government Regulation (GR) 32/1999 on the Procedures for the Implementation of the Rights of Inmates which has been most recently amended by GR 99/2012. However, the establishment of GR 99/2012 creates complication and unfairly discriminates against inmates committing extraordinary crimes (terrorism, drug abuse, corruption, crimes against the security of the state, crimes against humanity and other transnational organized crimes) impeding such inmates to file for remission and parole. This paper examines the consistency between the implementation of GR 99/2012 and the concept of criminal punishment in Indonesia. It is a summary of empirical …
Tennessee Rule Of Criminal Procedure 36.1'S New Clothes: How The Tennessee Supreme Court's Opinion In State V. Brown Limited The Inherent Authority Of Trial Courts To Correct Illegal Sentences By Overlooking The Plain Language Of 36.1 And The "Jurisprudential Context" From Which Rule 36.1 Developed
Tennessee Journal of Law and Policy
No abstract provided.
Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran
Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran
21st Century Social Justice
This report conceptualizes the effectiveness and benefits of utilizing the restorative justice model of Victim Offender Mediation (VOM) within the criminal and juvenile justice systems to serve the rights of victims, offenders, and society more justly. Victim Offender Mediation is discussed as a possible alternative justice model which reframes the victim-offender relationship to foster and respect the dignity and worth of each participant. This restorative justice model combats victims’ feelings of helplessness by giving them back their voice, while having the potential to specifically offer relief to those secondarily victimized by the legal system in cases of simple rape. Offenders …
Context At The International Criminal Court, Hassan Ahmad
Context At The International Criminal Court, Hassan Ahmad
Pace International Law Review
In this article, I propose a contextual approach to ICC jurisdiction normatively to be adopted by the Court’s Office of the Prosecutor and Pre-Trial Chamber in investigating and eventually prosecuting crimes under the Rome Statute. Under this contextual approach, I contend that both the Prosecutor and Pre-Trial Chamber are able to consider evidence outside the traditional notions of territorial and temporal jurisdiction to conceptualize a conflict in its entirety. The totality of cross-border and inter-temporal evidence should be considered when deciding whether to investigate attacks that the Prosecutor has a reasonable basis to believe fall within the Court’s jurisdiction. Procedurally, …
Let The Facts Speak For Themselves: The Empiricist Origins Of The Right To Remain Silent, Randa Helfield
Let The Facts Speak For Themselves: The Empiricist Origins Of The Right To Remain Silent, Randa Helfield
Osgoode Hall Law Journal
Historians have traced the right to silence to early canon law, the political conflicts of the sixteenth and seventeenth centuries, and even The Prisoner’s Counsel Act, which effectively silenced the accused by allowing his lawyer to speak for him. This article argues that changes in philosophical notions of truth best explain how, given the importance of the accused’s testimony at the altercation trial, her silence could ever have been tolerated and ultimately enforced as a right. By the mid-eighteenth century, the rise of empiricism had shifted the trial’s reliance on testimony to a preference for facts, which seemed more immediately …
Extending Miranda: Prohibition On Police Lies Regarding The Incriminating Evidence, Rinat Kitai-Sangero
Extending Miranda: Prohibition On Police Lies Regarding The Incriminating Evidence, Rinat Kitai-Sangero
San Diego Law Review
This Article addresses the question of whether lying to suspects during interrogations regarding the incriminating evidence against them is a legitimate deceit. The search for truth goes hand-in-hand with the human yearning for knowledge. Generally, lying is perceived as reprehensible. Certain types of lies, such as those concerning medical treatment or the sale of a house, may even result in civil or criminal liability. Despite the condemnation of lying, lying to suspects during interrogations is a common phenomenon, and has even been dubbed an “art.” Part II of the article presents how police use deceit and lies during interrogations in …
Why Prosecutors Rule The Criminal Justice System—And What Can Be Done About It, Jed S. Rakoff
Why Prosecutors Rule The Criminal Justice System—And What Can Be Done About It, Jed S. Rakoff
Northwestern University Law Review
Most recognize that federal and state laws imposing high sentences and reducing judicial sentencing discretion have created America’s current plague of mass incarceration. Fewer realize that these draconian laws shift sentencing power to prosecutors: defendants fear the immense sentences they face if convicted at trial, and therefore actively engage in the plea-bargaining process. This allows prosecutors, rather than judges, to effectively determine the sentences imposed in most cases, which creates significant sentencing discrepancies that most often are unrecorded and cannot be measured. This Essay proposes a solution that would not require legislative change to be put into effect: to have …
Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts
Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts
Northwestern University Law Review
The criminal justice system currently functions to exclude black people from full political participation. Myriad institutions, laws, and definitions within the criminal justice system subordinate and criminalize black people, thereby excluding them from electoral politics, and depriving them of material resources, social networks, family relationships, and legitimacy necessary for full political citizenship. Making criminal law democratic requires more than reform efforts to improve currently existing procedures and systems. Rather, it requires an abolitionist approach that will dismantle the criminal law’s anti-democratic aspects entirely and reconstitute the criminal justice system without them.
White Paper Of Democratic Criminal Justice, Joshua Kleinfeld, Laura I. Appleman, Richard A. Bierschbach, Kenworthey Bilz, Josh Bowers, John Braithwaite, Robert P. Burns, R A Duff, Albert W. Dzur, Thomas F. Geraghty, Adriaan Lanni, Marah Stith Mcleod, Janice Nadler, Anthony O'Rourke, Paul H. Robinson, Jonathan Simon, Jocelyn Simonson, Tom R. Tyler, Ekow N. Yankah
White Paper Of Democratic Criminal Justice, Joshua Kleinfeld, Laura I. Appleman, Richard A. Bierschbach, Kenworthey Bilz, Josh Bowers, John Braithwaite, Robert P. Burns, R A Duff, Albert W. Dzur, Thomas F. Geraghty, Adriaan Lanni, Marah Stith Mcleod, Janice Nadler, Anthony O'Rourke, Paul H. Robinson, Jonathan Simon, Jocelyn Simonson, Tom R. Tyler, Ekow N. Yankah
Northwestern University Law Review
This white paper is the joint product of nineteen professors of criminal law and procedure who share a common conviction: that the path toward a more just, effective, and reasonable criminal system in the United States is to democratize American criminal justice. In the name of the movement to democratize criminal justice, we herein set forth thirty proposals for democratic criminal justice reform.
Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer
Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer
Utah Law Review
For better or worse, the federal government has taken responsibility for providing for the protection of Native people. So long as the federal government refuses to allow tribes to govern themselves completely and independently, it is imperative that the federal government enact policies empowering Native survivors of sexual assault. The federal government must do more to protect tribal members from sexual predators, to safeguard reservations not only from career criminals but also to ensure that federal agencies like the Bureau of Indian Affairs and the Indian Health Services do not hire men with a history of violence against women or …
Punishing On A Curve, Adi Leibovitch
Punishing On A Curve, Adi Leibovitch
Northwestern University Law Review
Does the punishment of one defendant depend on how she fares in comparison to the other defendants on the judge’s docket? This Article demonstrates that the troubling answer is yes. Judges sentence a given offense more harshly when their caseloads contain relatively milder offenses and more leniently when their caseloads contain more serious crimes. I call this phenomenon “punishing on a curve.”
Consequently, this Article shows how such relative sentencing patterns put into question the prevailing practice of establishing specialized courts and courts of limited jurisdiction. Because judges punish on a curve, a court’s jurisdictional scope systematically shapes sentencing outcomes. …
Manifesto Of Democratic Criminal Justice, Joshua Kleinfeld
Manifesto Of Democratic Criminal Justice, Joshua Kleinfeld
Northwestern University Law Review
It is widely recognized that the American criminal system is in a state of crisis, but views about what has gone wrong and how it could be set right can seem chaotically divergent. This Essay argues that, within the welter of diverse views, one foundational, enormously important, and yet largely unrecognized line of disagreement can be seen. On one side are those who think the root of the present crisis is the outsized influence of a vengeful, poorly informed, or otherwise wrongheaded American public and the primary solution is to place control over the criminal system in the hands of …
Local Democracy, Community Adjudication, And Criminal Justice, Laura I. Appleman
Local Democracy, Community Adjudication, And Criminal Justice, Laura I. Appleman
Northwestern University Law Review
Many of our criminal justice woes can be traced to the loss of the community’s decisionmaking ability in adjudicating crime and punishment. American normative theories of democracy and democratic deliberation have always included the participation of the community as part of our system of criminal justice. This type of democratic localism is essential for the proper functioning of the criminal system because the criminal justice principles embodying substantive constitutional norms can only be defined through community interactions at the local level. Accordingly, returning the community to its proper role in deciding punishment for wrongdoers would both improve criminal process and …
A Criminal Law We Can Call Our Own?, R A Duff
A Criminal Law We Can Call Our Own?, R A Duff
Northwestern University Law Review
This Essay sketches an ideal of criminal law—of the kind of criminal law that we can call our own as citizens of a democratic republic. The elements of that ideal include a republican theory of liberal democracy, as the kind of polity in which we can aspire to live; an account of the role of criminal law in such a polity, as defining a set of public wrongs and providing an appropriate formal, public response to the commission of such wrongs through the criminal process of trial and punishment; and a discussion of how the citizens of such a polity …
Fragmentation And Democracy In The Constitutional Law Of Punishment, Richard A. Bierschbach
Fragmentation And Democracy In The Constitutional Law Of Punishment, Richard A. Bierschbach
Northwestern University Law Review
Scholars have long studied the relationship of structural constitutional principles like checks and balances to democracy. But the relationship of such principles to democracy in criminal punishment has received less attention. This Essay examines that relationship and finds it fraught with both promise and peril for the project of democratic criminal justice. On the one hand, by blending a range of inputs into punishment determinations, the constitutional fragmentation of the punishment power can enhance different types of influence in an area in which perspective is of special concern. At the same time, the potentially positive aspects of fragmentation can backfire, …
Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld
Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld
Northwestern University Law Review
This Essay links criminal theory to democratic political theory, arguing that the view of criminal law and procedure known as “reconstructivism” shares a common root with certain culturally oriented forms of democratic theory. The common root is the valorization of a community’s ethical life and the belief that law and government should reflect the ethical life of the community living under that law and government. This Essay then specifies three principles that are entailed by the union of democracy and reconstructivism and that should therefore characterize a democracy’s approach to criminal justice: the “moral culture principle of criminalization,” the “principle …
Criminal Justice That Revives Republican Democracy, John Braithwaite
Criminal Justice That Revives Republican Democracy, John Braithwaite
Northwestern University Law Review
Criminal justice seems an implausible vehicle for reviving democracy. Yet democracy is in trouble. It is embattled by money politics and populist tyrannies of majorities, of which penal populism is just one variant. These pathologies of democracy arise from democracy having become too remote from the people. A new democracy is needed that creates spaces for direct deliberative engagement and for spaces where children learn to become democratic. A major role for restorative justice is one way to revive the democratic spirit through creating such spaces.