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Articles 1 - 5 of 5

Full-Text Articles in Law

Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus Jan 1997

Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus

Faculty Scholarship

Sex offender commitment laws present courts with a difficult choice: either allow creative efforts to prevent sexual violence or enforce traditional constitutional safeguards constraining the power of the state to deprive citizens of their Iiberty. Three state supreme courts have deflected this hard choice while upholding sex offender commitment schemes. As part of their ""official narrative"" that legitimizes sex offender commitments, the courts claim that society can have prevention and still maintain the primacy of the criminal justice system. This narrative neutralizes the conflict in values by claiming that sex offender commitments are just like mental illness commitments, a small, …


Race And Criminal Justice, Richard B. Collins Jan 1997

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.


The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley Jan 1997

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston Jan 1997

An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston

Touro Law Review

No abstract provided.


A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry Jan 1997

A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry

Theses : Honours

When an offender receives a non-custodial sentence following remand custody then concerns must be raised that the pre-trial remand imprisonment was unnecessary and improper, with judicial, economic and humanitarian consequences that run counter to the philosophical and legislative expectations of a democratic justice system. This study analysed the use of remand custody orders over a six month charge period, by magistrates in Western Australia, to determine what proportion of offenders spent time in remand custody prior to receiving a noncustodial sentence. The results indicate that magistrates use the remand custody facility as a "short, sharp shock" to deter future offending, …