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Articles 1 - 30 of 87
Full-Text Articles in Law
Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen
Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen
Chicago-Kent Law Review
This is another in a series of papers examining the interaction between the implications of the deadly dilemma of governing that virtually all governmental action involves unavoidable conflict between equally laudatory goals and the conventional way of thinking about social errors. Typically the pursuit of any particular goal has as its consequence precisely the kind of harm that is desired to be avoided. For example, serious felons are sent to prison in part to protect innocent parties from their future predations, but those same felons often prey upon fellow prisoners, including murder. Moreover, felonies committed in prison only begin the …
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Chicago-Kent Law Review
The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …
Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew
Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew
BYU Law Review
No abstract provided.
Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Georgetown Law Faculty Publications and Other Works
The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …
Incarceration American-Style, Sharon Dolovich
Incarceration American-Style, Sharon Dolovich
Georgetown Law Faculty Publications and Other Works
In the United States today, incarceration is more than just a mode of criminal punishment. It is a distinct cultural practice with its own aesthetic and technique, a practice that has emerged in recent decades as a catch-all mechanism for managing social ills. In this essay, I argue that this emergent carceral system has become self-generating—that American-style incarceration, through the conditions it inflicts, produces the very conduct society claims to abhor and thereby guarantees a steady supply of offenders whose incarceration the public will continue to demand. I argue, moreover, that this reproductive process works to create a class of …
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Human Rights & Human Welfare
The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …
How (Not) To Think Like A Punisher, Alice G. Ristroph
How (Not) To Think Like A Punisher, Alice G. Ristroph
Georgetown Law Faculty Publications and Other Works
This article examines the several and sometimes contradictory accounts of sentencing in proposed revisions to the Model Penal Code. At times, sentencing appears to be an art, dependent upon practical wisdom; in other instances, sentencing seems more of a science, dependent upon close analysis of empirical data. I argue that the new Code provisions are at their best when they acknowledge the legal and political complexities of sentencing, and at their worst when they invoke the rhetoric of desert. When the Code focuses on the sentencing process in political context, it offers opportunities to deploy both practical wisdom and empirical …
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
All Faculty Scholarship
In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …
The Fair Sentencing Act: Exploring Solutions To Unintended Interpretations Of Law, Jessica Floyd
The Fair Sentencing Act: Exploring Solutions To Unintended Interpretations Of Law, Jessica Floyd
North Carolina Central Law Review
No abstract provided.
Foreword, Deanna Coleman
Blurring The Lines: How State V. Bowden Accurately Interprets The Meaning Of Life Sentence, Sidney Minter
Blurring The Lines: How State V. Bowden Accurately Interprets The Meaning Of Life Sentence, Sidney Minter
North Carolina Central Law Review
No abstract provided.
Prisoners For Sale: Making The Thirteenth Amendment Case Against State Private Prison Contracts, Ryan S. Marion
Prisoners For Sale: Making The Thirteenth Amendment Case Against State Private Prison Contracts, Ryan S. Marion
William & Mary Bill of Rights Journal
No abstract provided.
Jews In Jail, Kenneth Lasson
A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell
A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell
Buffalo Public Interest Law Journal
No abstract provided.
A Door Closed: The Right To Full Appellate Review Of Sentences Of Life Imprisonment Without Parole In West Virginia, Linnsey Evick
A Door Closed: The Right To Full Appellate Review Of Sentences Of Life Imprisonment Without Parole In West Virginia, Linnsey Evick
West Virginia Law Review
No abstract provided.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Washington and Lee Law Review
No abstract provided.
Evicted Brothel Relocates, Melanie Shapiro Esq, Donna M. Hughes Dr.
Evicted Brothel Relocates, Melanie Shapiro Esq, Donna M. Hughes Dr.
Donna M. Hughes
Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim
Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim
Books & Book Chapters by Maurer Faculty
This White Paper argues that a formal governance document is necessary to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program, and that these officers receive the necessary support and training prior to their deployment.6 Absent specific guidelines, SROs may not have a clear understanding of their role within the larger educational context or the rights and needs of the children they are intended to serve; they may inadvertently, and indeed counterproductively, create an adversarial environment that pushes students, particularly at-risk students, out of school rather than …
Thug Life: Hip Hop’S Curious Relationship With Criminal Justice, André Douglas Pond Cummings
Thug Life: Hip Hop’S Curious Relationship With Criminal Justice, André Douglas Pond Cummings
Faculty Scholarship
I argue that hip hop music and culture profoundly influences attitudes toward and perceptions about criminal justice in the United States. At base, hip hop lyrics and their cultural accoutrements turns U.S. punishment philosophy upon its head, effectively defeating the foundational purposes of American crime and punishment. Prison and punishment philosophy in the U.S. is based on clear principles of retribution and incapacitation, where prison time for crime should serve to deter individuals from engaging in criminal behavior. In addition, the stigma that attaches to imprisonment should dissuade criminals from recidivism. Hip hop culture denounces crime and punishment in the …
The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger
The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger
All Faculty Scholarship
This Article develops a framework for analyzing legal argument through an in-depth case study of the debate over federal actions for post-conviction DNA access. Building on the Aristotelian concept of logos, this Article maintains that the persuasive power of legal logic depends in part on the rhetorical characteristics of premises, inferences, and conclusions in legal proofs. After sketching a taxonomy that distinguishes between prototypical argument logo (formal, empirical, narrative, and categorical), the Article applies its framework to parse the rhetorical dynamics at play in litigation over post-conviction access to DNA evidence under 42 U.S.C. § 1983, focusing in particular on …
Examining Re-Entry Challenges And Needs Of Trinidad And Tobago Offenders, Kamhya M. Milan
Examining Re-Entry Challenges And Needs Of Trinidad And Tobago Offenders, Kamhya M. Milan
Sociology & Criminal Justice Theses & Dissertations
This research examines the challenges and needs that Trinidad and Tobago offenders face upon release from prison. The purpose of this research is to provide a foundation for policy recommendations to improve successful reintegration for prisoners corning home. Although there is a lack of re-entry literature based on Trinidad and Tobago offenders, the findings in this study show that Trinidad and Tobago offenders experience the same challenges and needs revealed by America research on offender re-entry. Study results show that policy intervention should be designed to ensure offenders returning home receive assistance with finding shelter, employment, educational resources, counseling and …
Executing Capital Punishment Via Case Study: A Socratic Chat About New Jersey's Abolition Of The Death Penalty And Convincing Other States To Follow Suit, James Johnston
James B Johnston
For those who detest capital punishment Christmas arrived early in 1997. On December 17, 2007 New Jersey became the first State to abolish the death penalty via enactments from both the executive and legislative branches of government. The responses both domestically and abroad have been overwhelmingly supportive. New Jersey was able to do so thanks to the work of the New Jersey Death Penalty Study Commission; a blue ribbon panel of individuals appointed by Governor Corzine to study capital punishment and provide their findings to the State Legislature and the Governor. The commission recommended the death penalty be abolished and …
Reservations About Extending Bivens To Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers For Constitutional Violations, Blake R. Bertagna
Reservations About Extending Bivens To Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers For Constitutional Violations, Blake R. Bertagna
Pace Law Review
No abstract provided.
Felon Disenfranchisement: A Call For Legislative Reform, Timothy P. Gilligan
Felon Disenfranchisement: A Call For Legislative Reform, Timothy P. Gilligan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang
Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang
Journal of Race, Gender, and Ethnicity
No abstract provided.
"One Of The Dirty Secrets Of American Corrections": Retaliation, Surplus Power, And Whistleblowing Inmates, James E. Robertson
"One Of The Dirty Secrets Of American Corrections": Retaliation, Surplus Power, And Whistleblowing Inmates, James E. Robertson
University of Michigan Journal of Law Reform
Retaliation is deeply engrained in the correctional office subculture; it may well be in the normative response when an inmate files a grievance, a statutory precondition for filing a civil rights action. This Article, the first to address comprehensively the sociological and constitutional aspects of retaliation, argues for protecting grievants through safeguards much like those accorded whistleblowers. Part I of the Article provides a socio-legal primer on correctional officer retaliation by addressing the frequency of retaliation, its causes, and its constitutional taxonomy. Part II describes the elements of a prima facie case of unconstitutional retaliation under § 1983. Part III …
City Of Las Vegas Detention And Enforcement Commission On Accreditation Of Law Enforcement Accreditation Program Evaluation Report, Karen Kelly, Cecelia Mcneely, Sandy Seda
City Of Las Vegas Detention And Enforcement Commission On Accreditation Of Law Enforcement Accreditation Program Evaluation Report, Karen Kelly, Cecelia Mcneely, Sandy Seda
UNLV Theses, Dissertations, Professional Papers, and Capstones
The City of Las Vegas Detention and Enforcement (CLVDE) is a highly efficient, professionally managed, unique law enforcement agency. The CLVDE has a multifaceted mission and is responsible for providing diverse law enforcement, patrol, code enforcement and support services for the City of Las Vegas. The agency is comprised of several operational divisions: A city Jail, an Animal Control division, Parking Enforcement and the Marshals (police). For many years, the CLVDE, has enjoyed the unique distinction of being a "Triple Crown" accredited agency1. The agency currently has attained accreditation status from several nationally recognized professional organizations such as: The American …
Felon Disenfranchisement And The Systemic Racism Of The Criminal Justice System, Matthew D. Itkin
Felon Disenfranchisement And The Systemic Racism Of The Criminal Justice System, Matthew D. Itkin
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reawakening "Privileges Or Immunities": An Originalist Blueprint For Invalidating State Felon Disenfranchisement Laws, John B. Schrader
Reawakening "Privileges Or Immunities": An Originalist Blueprint For Invalidating State Felon Disenfranchisement Laws, John B. Schrader
Vanderbilt Law Review
Terrence Johnson, Jim Harris, and Alexander Friedman, all Tennessee residents, have a few things in common. All are convicted felons: Johnson for federal wire fraud, Harris for drug offenses and burglary, and Friedman for assault and aggravated armed robbery.' All had completed their respective terms of imprisonment, parole, and probation for those offenses by February 2008. But all nevertheless were saddled with various unpaid legal obligations: Johnson with $40,000 in restitution in connection with his offense and $1,200 in overdue child support payments; Harris with $2,500 in overdue child support payments; and Friedman with $1,000 in restitution in connection with …
Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler
Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler
BYU Law Review
No abstract provided.