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Articles 31 - 37 of 37
Full-Text Articles in Law
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook
Scholarly Works
According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward …
Measuring The Creative Plea Bargain, Thea B. Johnson
Measuring The Creative Plea Bargain, Thea B. Johnson
Faculty Publications
A great deal of criminal law scholarship and practice turns on whether a defendant gets a good deal through plea bargaining. But what is a good deal? And how do defense attorneys secure such deals? Much scholarship measures plea bargains by one metric: how many years the defendant receives at sentencing. In the era of collateral consequences, however, this is no longer an adequate metric as it misses a world of bargaining that happens outside of the sentence. Through empirical research, this Article examines the measure of a good plea and the work that goes into negotiating such a plea. …
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Articles
No abstract provided.
Examination Of Witnesses In Criminal Cases, Hannah Steeves
Examination Of Witnesses In Criminal Cases, Hannah Steeves
Articles, Book Chapters, & Popular Press
The newest edition of Examination of Witnesses in Criminal Cases maintains its status as a key text on the topic. Author Earl J Levy, a national leader in the area of criminal law, has worked with the Criminal Lawyers’ Association, taught criminal law courses at various Canadian law schools, and has over 50 years experience as a litigator. The book, now in its seventh edition, contains necessary updates, and improvements have been made to both format and content while maintaining a similar, logical overview as in previous editions.
Calling All The Statesmen: The (Not) Mubarak Trial, Lama Abu-Odeh
Calling All The Statesmen: The (Not) Mubarak Trial, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
I read the decision that exonerated ex-Minister of Interior of Egypt and his assistants from the charge of giving orders to kill demonstrators textually. Shortcomings known to lawyers and journalists who were following the case about failure of performance on the part either of prosecutors, lawyers, or the judge overseeing the trial are not considered in my reading. You might call it a close reading—specifically, a reading of the rationalizing language used by the judge writing the decision to explain his verdict.
R. V. Safarzadeh-Markhali: Elements And Implications Of The Supreme Court's New Rigorous Approach To Construction Of Statutory Purpose, Marcus Moore
All Faculty Publications
The Supreme Court of Canada’s decision in Safarzadeh-Markhali holds great significance, beyond Criminal Law, in the area of Statutory Interpretation: in Markhali, the Court decisively endorses a new rigorous approach to construing legislative purpose. Previously, while legislation itself was long-interpreted utilizing rigorous approaches, legislative purpose was typically construed ad hoc while providing only summary justification. Markhali’s new framework is distinct from prior approaches in at least four ways: (1) It expressly acknowledges the critical importance of purpose construction in many cases; (2) It is conscious of how a less-than-rigorous approach risks being self-defeating of larger legal analyses in which the …
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
All Faculty Scholarship
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …