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University of Pennsylvania Carey Law School

Faculty Scholarship at Penn Law

Criminal Procedure

2007

Articles 1 - 3 of 3

Full-Text Articles in Law

A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii Jan 2007

A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Forgiveness In Criminal Procedure, Stephanos Bibas Jan 2007

Forgiveness In Criminal Procedure, Stephanos Bibas

Faculty Scholarship at Penn Law

Though forgiveness and mercy matter greatly in social life, they play fairly small roles in criminal procedure. Criminal procedure is dominated by the state, whose interests in deterring, incapacitating, and inflicting retribution leave little room for mercy. An alternative system, however, would focus more on the needs of human participants. Victim-offender mediation, sentencing discounts, and other mechanisms could encourage offenders to express remorse, victims to forgive, and communities to reintegrate and employ offenders. All of these actors could then better heal, reconcile, and get on with their lives. Forgiveness and mercy are not panaceas: not all offenders and victims would ...


Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky Jan 2007

Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky

Faculty Scholarship at Penn Law

No abstract provided.