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Full-Text Articles in Law
The American Criminal Jury, Nancy J. King
The American Criminal Jury, Nancy J. King
Vanderbilt Law School Faculty Publications
As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to earn widespread acceptance by the public and trial by jury remains a cherished right of most Americans. In any event, many basic features of the criminal jury in the United States cannot be modified without either constitutional amendment or radical reinterpretations of the Bill of Rights. Judges and legislators continue to tinker within constitutional confines, some hoping to improve the jury trial by …
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Publications
No abstract provided.
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Disenfranchisement As Punishment: Reflections On The Racial Uses Of Infamia, George P. Fletcher
Disenfranchisement As Punishment: Reflections On The Racial Uses Of Infamia, George P. Fletcher
Faculty Scholarship
The practice of disenfranchising felons, though decreasing, is still widespread. In this Article, Professor George Fletcher reflects on the use of disenfranchisement as punishment, the lack of a convincing theoretical justification for it, and its disproportionate impact on the African.American community. Fletcher presents a number of powerful arguments against the constitutionality of the practice, but he emphasizes that there is a deeper problem with disenfranchisement as punishment: It reinforces the branding of felons as an "untouchable" class and thus helps to prevent their effective reintegration into our society.