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Articles 1 - 5 of 5
Full-Text Articles in Law
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Proceedings of the New York State Communication Association
This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …
Response To Commentators, Michelle Dempsey
Response To Commentators, Michelle Dempsey
Michelle Madden Dempsey
This short essay responds to commentators who generously contributed to Criminal Law & Philosophy’s symposium on my book, PROSECUTING DOMESTIC VIOLENCE (Oxford University Press 2009)
"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin
"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin
All Faculty Scholarship
Sentencing mitigation or sentencing videos are a form of visual legal advocacy that is produced on behalf of defendants for use in the sentencing phases of criminal cases (from charging to clemency). The videos are typically short (5 to 10 minutes or so) nonfiction films that explore a defendant’s background, character, and family situation with the aim of raising factual and moral issues that support the argument for a shorter or more lenient sentence. Very few examples of mitigation videos are in the public domain and available for viewing. This article provides a complete analysis of the constituent elements of …
The Language Of Mens Rea, Kenneth Simons, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie
The Language Of Mens Rea, Kenneth Simons, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie
Faculty Scholarship
This article answers two key questions. First: Do jurors understand and apply the criminal mental state categories the way that the widely influential Model Penal Code (MPC) assumes? Second: If not, what can be done about it?
Decriminalizing Victims Of Sex Trafficking, Michelle Madden Dempsey
Decriminalizing Victims Of Sex Trafficking, Michelle Madden Dempsey
Michelle Madden Dempsey
Despite the United States’ commitment to decriminalizing victims of sex trafficking and the obvious injustice of subjecting these victims to criminal penalties, the majority of jurisdictions throughout the U.S. continue to treat sex trafficking victims as criminals. This paper argues that the criminal law must abandon this practice. Part one presents a brief account of definitional and conceptual debates regarding what counts as sex trafficking. Part two explains why we must decriminalize victims of sex trafficking. Part three outlines four methods of decriminalizing sex trafficking victims, and defends what has come to be known as the “Nordic model” as the …