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Full-Text Articles in Law
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
E. Lea Johnston
At sentencing, a judge may foresee that an individual with a major mental disorder will experience serious psychological or physical harm in prison. In light of this reality and offenders’ other potential vulnerabilities, a number of jurisdictions currently allow judges to treat undue offender hardship as a mitigating factor at sentencing. In these jurisdictions, vulnerability to harm may militate toward an order of probation or a reduced term of confinement. Since these measures do not affect offenders’ day-to-day experience in confinement, these expressions of mitigation fail to protect adequately those vulnerable offenders who must serve time in prison. This Article …
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
E. Lea Johnston
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Michael Pinard
This essay addresses the continued and dramatic increase in the numbers of individuals released from correctional institutions and returning to communities across the United States. It provides a brief history of the collateral consequences of criminal convictions, and the ways in which these consequences impede productive reentry. It then highlights national and state efforts to address to persistent reentry obstacles and to better understand the range and scope of collateral consequences. It concludes by offering suggestions for reform.
Do “Tough On Crime” Politicians Win More Elections? An Empirical Analysis Of California State Legislators From 1992 To 2000, Steven A. Krieger
Do “Tough On Crime” Politicians Win More Elections? An Empirical Analysis Of California State Legislators From 1992 To 2000, Steven A. Krieger
Steven A. Krieger
Do “tough on crime” politicians win more elections? Conventional wisdom suggests that they do. After all, who was the last public official to win an election based on a “soft on crime” platform? Correspondingly, this unjustified and widespread belief among legislators (and their strategists) makes it extremely difficult for progressive criminal justice bills to become law. There is no empirical literature, however, to support or deny this conventional political wisdom.
A regression analysis was used to answer (1) whether legislators’ election results were impacted by their voting records (based on an assigned crime score) or constituent support for a ballot …
Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher
Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher
Keith Swisher
In this Article, I take the most extensive look to date at pro-prosecution judges and ultimately advance the following, slightly scandalous claim: Particularly in our post-Caperton, political-realist world, “tough on crime” elective judges should recuse themselves from all criminal cases. The contextual parts to this claim are, in the main, a threefold description: (i) the "groundbreaking" Caperton v. A.T. Massey Coal decision, its predecessors, and its progeny; (ii) the judicial ethics of disqualification; and (iii) empirical and anecdotal evidence of pro-prosecution (commonly called "tough on crime") campaigns and attendant electoral pressures. Building on this description and the work of empiricists, …
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
C. Peter Erlinder
ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Michelle Madden Dempsey
The main question which motivates the inquiry undertaken in this book is: what should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer defended herein can be summarized as follows: within the realm of justified (permissible) action, prosecutors should respond effectively; which is to say that, ceteris paribus, domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. This book defends that claim in two steps: first, it …
Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson
Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson
Steven L. Chanenson
No abstract provided.
Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine, Jd, Phd
Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine, Jd, Phd
Reid G. Fontaine
For a number of reasons, including the complicated psychological nature of reactive homicide, the heat of passion defense has remained subject to various points of confusion. One persistent issue of disagreement has been whether the defense is a partial justification or excuse. In this Article, I highlight and categorize a series of varied American homicide cases in which the applicability of heat of passion was supported although adequate provocation (or significant provocation by the victim) was absent. The cases are organized to illustrate that even in circumstances in which there is no actual provocation, or the provocation is not sourced …
Economics Of Plea Bargaining, Richard Adelstein
Economics Of Plea Bargaining, Richard Adelstein
Richard Adelstein
A short summary of earlier work for a sociological audience.
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
James B Johnston
When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.
Victims As Cost Bearers, Richard Adelstein
Victims As Cost Bearers, Richard Adelstein
Richard Adelstein
A brief recasting of the price exaction model.
Four Entries, Richard Adelstein
Four Entries, Richard Adelstein
Richard Adelstein
Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
Richard Adelstein
A comparative view of adjudication by guilty plea in the US and the UK.
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Richard Adelstein
An extended development of the foundations of the price exaction model of the criminal process.
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
Richard Adelstein
More on price exaction, and punishments as conveyors of cost information in the criminal process.
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Richard Adelstein
A further development of the price exaction model and an application to the problem of sentencing standards.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
An early exposition of the price exaction framework and the place of plea bargaining in it.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984