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Full-Text Articles in Law
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Michigan Law Review
A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.
Small Crimes, Big Injustices, Stephanos Bibas
Small Crimes, Big Injustices, Stephanos Bibas
Michigan Law Review
Review of Alexandra Natapoff's Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal.
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Michigan Law Review
A review of James Forman Jr., Locking Up Our Own: Crime and Punishment in Black America.
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Michigan Law Review
It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.
The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Michigan Law Review
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …
Facing Evil, Joseph E. Kennedy
Facing Evil, Joseph E. Kennedy
Michigan Law Review
It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …
Deterrence's Difficulty, Neal Kumar Katyal
Deterrence's Difficulty, Neal Kumar Katyal
Michigan Law Review
We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
Michigan Law Review
A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Michigan Law Review
A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman
Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review
Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review
Michigan Law Review
A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman
New Perspectives On Prisons And Imprisonment, Michigan Law Review
New Perspectives On Prisons And Imprisonment, Michigan Law Review
Michigan Law Review
A Review of New Perspectives on Prisons and Imprisonment by James B. Jacobs
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Michigan Law Review
A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen
Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward
Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward
Michigan Law Review
A Review of Imprisonment in America: Choosing the Future by Michael Sherman and Gordon Hawkins
In The Belly Of The Beast: Letters From Prison, Michigan Law Review
In The Belly Of The Beast: Letters From Prison, Michigan Law Review
Michigan Law Review
A Review of In the Belly of the Beast: Letters from Prison by Jack Henry Abbott
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
Michigan Law Review
Because this Article's arguments are interwoven, a preliminary roadmap seems advisable. First, Section I will examine three perspectives on corporate punishment and will develop several concepts in terms of which corporate penalties should be evaluated. Although this analysis will suggest several barriers to effective corporate deterrence, Section II will explain why a sensible approach to corporate misbehavior still must punish the firm as well as the individual decision- maker. Section III will then evaluate three proposed approaches: (1) the "equity fine,'' (2) the use of adverse publicity, and (3) the fuller integration of public and private enforcement. In addition, it …
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."