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Articles 1 - 7 of 7
Full-Text Articles in Law
Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baughman, Christopher Robertson
Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baughman, Christopher Robertson
Utah Law Faculty Scholarship
In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …
Border Searches For Investigatory Purposes: Implementing A Border Nexus Standard, Brenna Ferris
Border Searches For Investigatory Purposes: Implementing A Border Nexus Standard, Brenna Ferris
University of Michigan Journal of Law Reform Caveat
Border searches are a commonly used exception to the Fourth Amendment’s probable cause and warrant requirements. Using a border search, the government can conduct searches of individuals without any kind of individualized suspicion. Border searches pose a concerning risk to privacy when they are used as a tool for criminal investigations. The Supreme Court has never ruled on searches used in this way, but lower courts are addressing the technique and reaching conflicting decisions. Courts need to take an approach that will protect the privacy interests of individuals while allowing the government to advance its interests in protecting its borders …
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov
The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov
ProAcademy
The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed …
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
ProAcademy
The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime …
The Political Economy Of Enforcer Liability For Wrongful Police Stops, Tim Friehe, Murat C. Mungan
The Political Economy Of Enforcer Liability For Wrongful Police Stops, Tim Friehe, Murat C. Mungan
Faculty Scholarship
This article questions whether excessive policing practices can persist in an environment where law enforcement policies are subject to political pressures. Specifically, it considers a setting where the police decide whether to conduct stops based on the suspiciousness of a person's behavior and the potential liability for conducting a wrongful stop. We establish that the liability level that results in a voting equilibrium is smaller than optimal, and consequently, that excessive policing practices emerge in equilibrium.
Victims, Right?, Anna Roberts
Victims, Right?, Anna Roberts
Faculty Publications
In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …