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Full-Text Articles in Law
Victims And Prison Release: A Modest Proposal, Erin O'Hara O'Connor
Victims And Prison Release: A Modest Proposal, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
Constitutional Collectivism And Ex-Offender Residence Exclusion Laws, Wayne A. Logan
Constitutional Collectivism And Ex-Offender Residence Exclusion Laws, Wayne A. Logan
Scholarly Publications
The U.S. has often been imperiled by the competing interests of individual states, and while past threats have most frequently assumed economic or political form, this article addresses a different threat: state efforts to limit where ex-offenders (those convicted of sex crimes in particular) can live. The laws have thus far withstood constitutional challenge, with courts deferring to the police power of states. This deference, however, ignores the negative externalities created when states jettison their human dross, and defies Justice Cardozo's oft-repeated constitutional tenet that the “the peoples of the several states must sink or swim together.” The article discusses …
Victim Impact Evidence In Federal Capital Trials, Wayne A. Logan
Victim Impact Evidence In Federal Capital Trials, Wayne A. Logan
Scholarly Publications
Fifteen years ago, in Payne v. Tennessee, the Supreme Court lifted its prohibition on the admission of victim impact evidence (VIE) in the penalty phase of capital trials. According to the Court, admitting evidence on the personal traits of individual murder victims and the toll associated with their killings at once properly allowed the government to show the “uniqueness” of victims, thus counterbalancing defendants’ largely unfettered right to adduce mitigation evidence, and permitted the sentencing authority to under-stand the “specific harm” caused by the murder. In the wake of Payne, Congress authorized use of VIE as a nonstatutory …
Crime, Criminals And Competitive Crime Control, Wayne A. Logan
Crime, Criminals And Competitive Crime Control, Wayne A. Logan
Scholarly Publications
Given the negative consequences of crime, it should come as no surprise that states will endeavor to make their dominions less hospitable to potential criminal actors. This predisposition, when played out on a national stage, would appear ripe for a dynamic in which states will seek to "out-tough" one another, leading to a spiral of detrimental competitiveness.
The Political Economy Of Application Fees For Indigent Criminal Defense, Wayne A. Logan, Ronald F. Wright
The Political Economy Of Application Fees For Indigent Criminal Defense, Wayne A. Logan, Ronald F. Wright
Scholarly Publications
In this article, we trace the origin and spread of state laws designed to make indigent criminal defendants pay, up-front, a portion of the costs of their state-appointed counsel. These co-pays, which can range from $10 to over $200, are part of the increasingly popular pay-as-you-go movement, requiring criminal defendants to defray the system costs of their prosecution and punishment.
On their face, such laws would appear to be a natural target of vigorous resistance by the defense bar. This turns out to be only half true, however, for it is often the leaders of public defense organizations, faced with …
Creating A "Hydra In Government": Federal Recourse To State Law In Crime Fighting, Wayne A. Logan
Creating A "Hydra In Government": Federal Recourse To State Law In Crime Fighting, Wayne A. Logan
Scholarly Publications
Traditionally, U.S.-state criminal justice relations have been conceived in two-dimensional terms, with concern primarily dedicated to U.S. usurpations of state authority. As this Article makes clear, however, U.S.-state relations are in significant measure also multi-dimensional and synergistic: rather than being solely engaged in a zero-sum power competition with states, the U.S. in actuality often defers to state laws and outcomes, despite the highly variegated normative positions they embody. As a consequence of this deference, the U.S. at once increases the scope, content and effect of its own criminal justice enterprise, and elevates (not reduces) the sovereign authority of states. The …