Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (29)
- Criminal Procedure (9)
- Public Law and Legal Theory (4)
- Human Rights Law (3)
- Social and Behavioral Sciences (3)
-
- Criminology and Criminal Justice (2)
- International Law (2)
- Jurisprudence (2)
- Law Enforcement and Corrections (2)
- Legal History (2)
- Legal Studies (2)
- Sociology (2)
- Transnational Law (2)
- Arts and Humanities (1)
- Civil Rights and Discrimination (1)
- Cognitive Neuroscience (1)
- Common Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Computer Law (1)
- Constitutional Law (1)
- Contracts (1)
- Criminology (1)
- European Law (1)
- Evidence (1)
- Family Law (1)
- Health Law and Policy (1)
- Law and Economics (1)
- Law and Gender (1)
- Institution
-
- American University Washington College of Law (4)
- Boston University School of Law (4)
- Schulich School of Law, Dalhousie University (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
-
- University of Pennsylvania Carey Law School (2)
- University of Tennessee College of Law (2)
- Columbia Law School (1)
- Florida International University College of Law (1)
- Rhode Island College (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- St. Mary's University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Cincinnati College of Law (1)
- University of Denver (1)
- University of Florida Levin College of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Wayne State University (1)
- Publication
-
- Faculty Scholarship (7)
- All Faculty Scholarship (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Faculty Publications (3)
- Articles, Book Chapters, & Popular Press (2)
-
- Publications (2)
- Scholarly Works (2)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Honors Projects (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Presentations (1)
- Scholarly Articles (1)
- Sturm College of Law: Faculty Scholarship (1)
- UF Law Faculty Publications (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 31 - 34 of 34
Full-Text Articles in Law
Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman
Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman
Faculty Scholarship
The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …
The Mentally Disordered Criminal Defendant At The Supreme Court: A Decade In Review, Dora W. Klein
The Mentally Disordered Criminal Defendant At The Supreme Court: A Decade In Review, Dora W. Klein
Faculty Articles
In the past decade, at least eight cases involving issues at the intersection of criminal law and clinical psychology have reached the United States Supreme Court. Of particular interest are those cases which concern three general topics: the culpability of juvenile offenders; mental states and the criminal process, including the presentation of mental disorder evidence, competency to stand trial, and competency to be executed; and the preventive detention of convicted sex offenders.
Of these eight cases, two cases cases adopted categorical exclusions from certain kinds of punishment, three involved questions about mental states (and in two of these the Court …
Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice
Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice
Scholarly Works
After years of swelling prison populations, the reentry into society of people with criminal convictions has become a central criminal justice issue. Scholars, advocates, judges, and lawmakers have repeatedly emphasized that, even after prison, punishment continues from severe civil penalties that are imposed by federal and state statutes on anyone with a conviction. To alleviate the impact of these punishments, they have increasingly endorsed state legislation that creates certificates of rehabilitation. Seven states offer these post- conviction certificates, and six others proposed such legislation in 2011. Many look to New York’s statute as the best model because it is the …
A Better Balancing: Reconsidering Pre-Conviction Dna Extraction From Federal Arrestees, Joy Radice
A Better Balancing: Reconsidering Pre-Conviction Dna Extraction From Federal Arrestees, Joy Radice
Scholarly Works
Federal law mandates the collection of a biological sample from anyone arrested by federal authorities or facing federal charges, regardless of the charge. The FBI then creates a DNA profile from the sample and enters that profile into the Combined DNA Index System (“CODIS”), a national database through which law enforcement matches individuals and crime scene DNA evidence.
Part I of the essay briefly reviews the federal statute that authorizes pre-conviction DNA extraction and the Fourth Amendment principles that underlie the current constitutional challenges to it. Part II identifies the various, and sometimes competing, rationales offered to justify the constitutionality …