Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Criminal law (34)
- Sentencing (25)
- Punishment (24)
- Capital punishment (19)
- Death penalty (17)
-
- Law enforcement (17)
- Constitutional law (12)
- Criminal justice (12)
- Criminal procedure (12)
- United States (10)
- Anti-Semitism (8)
- Crime (8)
- Deterrence (8)
- Espionage (8)
- Israel (8)
- Jonathan Pollard (8)
- Model Penal Code (8)
- Navy (8)
- Spy (8)
- Bail (7)
- Culpability (7)
- Eighth Amendment (7)
- Incarceration (7)
- Police (7)
- Corrections (6)
- Criminal Law and Procedure (6)
- Criminal justice policy (6)
- Criminal law and procedure (6)
- Desert (6)
- Due process (6)
Articles 211 - 229 of 229
Full-Text Articles in Law
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Are Criminal Codes Irrelevant?, Paul H. Robinson
Are Criminal Codes Irrelevant?, Paul H. Robinson
All Faculty Scholarship
After planning the effort for twenty years, the American Law Institute spent ten years debating and drafting a model criminal code. Twenty-eight drafters and forty-two advisors produced thirteen reports that were debated at eight annual meetings. Twenty years later, seven reporters with twenty-five advisors completed six volumes of official commentaries. This monumental drafting effort served as only the starting point for nearly two-thirds of the states that have recodified their criminal codes since the Model Penal Code was promulgated in 1962. In every instance a commission, legislative committee, or both, devoted additional time and energy redebating and revising the 1962 …
A Functional Analysis Of Criminal Law, Paul H. Robinson
A Functional Analysis Of Criminal Law, Paul H. Robinson
All Faculty Scholarship
The criminal law has three primary functions. First, it must define and announce the conduct that is prohibited (or required) by the criminal law. Such rules of conduct, as they have been called, provide ex ante direction to members of the community as to the conduct that must be avoided (or that must be performed) upon pain of criminal sanction. This may be termed the rule articulation function of the doctrine. When a violation of the rules of conduct occurs, the criminal law takes on a different role. It must decide whether the violation merits criminal liability. This second function, …
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
All Faculty Scholarship
California jurisdictions have increasingly used injunctions to combat the growth criminal street gangs. The use of civil sanctions to redress criminal activity raises difficult constitutional questions, potentially creating personal criminal codes that may infringe upon defendants’ substantive constitutional rights. In addition, employing civil remedies may deprive defendants of constitutional procedural protections that would have been provided if the jurisdiction had elected to deter the same behavior with available criminal sanctions. Although the use of injunctions places pressure on a number of substantive constitutional rights, including the freedom of association, freedom of expression, right to travel, the injunction terms will likely …
Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler
Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler
All Faculty Scholarship
This article examines the history of public and private executions and the passage of private execution laws. It concludes that existing laws restricting media access to executions – and requiring private executions that exclude television cameras – are unconstitutional. The author examines existing statutory schemes which curtail media access and prohibit the filming of executions, discusses legal challenges to such laws, and explores freedom of the press jurisprudence. In particular, the article analyzes First Amendment case law and right-of-access cases. The author also discusses the Eighth Amendment's relationship to First Amendment case law in the area of media coverage of …
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
Motherhood And Crime, Dorothy E. Roberts
Motherhood And Crime, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Police Abuse: Can The Violence Be Contained?, David Rudovsky
Police Abuse: Can The Violence Be Contained?, David Rudovsky
All Faculty Scholarship
No abstract provided.
"The Black Community," Its Lawbreakers, And A Politics Of Identification, Regina Austin
"The Black Community," Its Lawbreakers, And A Politics Of Identification, Regina Austin
All Faculty Scholarship
No abstract provided.
Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts
Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
All Faculty Scholarship
In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …
Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison
Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
A Sentencing System For The 21st Century?, Paul H. Robinson
A Sentencing System For The 21st Century?, Paul H. Robinson
All Faculty Scholarship
The Sentencing Reform Act of 1984 created the United States Sentencing Commission and directed it to devise sentencing guidelines for the federal criminal justice system. The Commission recently fulfilled this mandate, promulgating a final set of rules, which took effect November 1. Commissioner Robinson, in filing the lone dissent to these guidelines, argued that they neither meet the expectations of the Act nor provide a comprehensive and workable system. In this Article, Commissioner Robinson discusses the necessary components of a modern, principled, and workable system. He first identifies an ideal system by describing its primary goals and by offering the …
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
All Faculty Scholarship
I believe the Sentencing Reform Act of 1984, which created the United States Sentencing Commission, contains two main directives. First, the Commission's guidelines must provide a rational and principled sentencing system that will further the purposes of just punishment and crime control. Second, the guidelines must reduce unwarranted disparity among sentences for similar offenders who commit similar offenses. The Act provides that this is to be achieved through the Commission's promulgation of a comprehensive sentencing system that will bind all federal judges. I opposed the Commission's Preliminary Draft of September, 1986, because I saw it as lacking both guiding principles …
Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson
Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson
All Faculty Scholarship
In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Grievance Procedures In Federal Prisons: Practices And Proposals, Howard Lesnick
Grievance Procedures In Federal Prisons: Practices And Proposals, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Parole Release Decision-Making: Rehabilitation, Expertise, And The Demise Of Mythology (With R. Kastenmeier), Howard C. Eglit
Parole Release Decision-Making: Rehabilitation, Expertise, And The Demise Of Mythology (With R. Kastenmeier), Howard C. Eglit
All Faculty Scholarship
No abstract provided.
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
All Faculty Scholarship
No abstract provided.