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Full-Text Articles in Law
Capitalizing On Criminal Justice, Eisha Jain
Capitalizing On Criminal Justice, Eisha Jain
Faculty Publications
No abstract provided.
The Expansion Of Child Pornography Law, Carissa B. Hessick
The Expansion Of Child Pornography Law, Carissa B. Hessick
Faculty Publications
This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …
Proportionality And Other Misdemeanor Myths, Eisha Jain
Proportionality And Other Misdemeanor Myths, Eisha Jain
Faculty Publications
No abstract provided.
Constructing Recidivism Risk, Jessica Eaglin
Constructing Recidivism Risk, Jessica Eaglin
AI-DR Collection
Courts increasingly use actuarial—meaning statistically derived—information about a defendant’s likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct interests that …
Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick
Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick
Faculty Publications
No abstract provided.
Corpus Linguistics And The Criminal Law, Carissa B. Hessick
Corpus Linguistics And The Criminal Law, Carissa B. Hessick
Faculty Publications
This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.
Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick
Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick
Faculty Publications
Review of Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Daniel S. Medwed ed., Cambridge University Press 2017).