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Articles 1 - 20 of 20
Full-Text Articles in Law
Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens
Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens
Criminology and Criminal Justice Faculty Publications
Recently, concern has been voiced within the academy regarding the marginalization of legal scholarship within the criminology and criminal justice (CCJ) discipline. Although conventional wisdom and anecdotal evidence indicate that it is difficult to get legal scholarship published in CCJ journals, there is a dearth of empirical evidence on the representation of legal scholarship in CCJ journals. The present study assesses the representation of legal scholarship in 20 CCJ journals from 2005 through 2015, examining both trends over time and variation across journals. Findings indicate legal scholarship comprises a very small portion of articles published, there has been a steep …
Crime, Morality, And Republicanism, Richard Dagger
Crime, Morality, And Republicanism, Richard Dagger
Political Science Faculty Publications
One of the abiding concerns of the philosophy of law has been to establish the relationship between law and morality. Within the criminal law, this concern often takes the form of debates over legal moralism--that is, "the position that immorality is sufficient for criminalization" (Alexander 2003: 131). This paper approaches these debates from the perspective of the recently revived republican tradition in politics and law. Contrary to what is usually taken to be liberalism's hostility to legal moralism, and especially to attempts to promote virtue through the criminal law, the republican approach takes the promotion of virtue to be one …
"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich
Faculty Scholarship
In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system. This paper examines the rise of the school-to-prison pipeline through …
“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell
“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell
Law Student Publications
Virginia tops the nation in the rate of referrals of students to law enforcement, at three times the national average. Students with disabilities and children of color are far more likely to be referred. Some Richmond area school districts and local government leaders are taking steps to counteract this trend.
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
There is near-universal agreement that the engine of the modern American criminal justice system is plea bargaining.'Given the ubiquity of plea bargaining, the Supreme Court and the rest of the legal community have begun setting their sights on how the practice might be better regulated. At the same time, many hold the view that the grand jury has outlived its usefulness in the administration of criminal justice and is a relic of a time gone by. Even before recent calls for the abolition of the grand jury in the wake of high-profile cases that seemed to cast the institution in …
The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr.
The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr.
Law Faculty Publications
The Constitution of the United States empowers the president of the United States to curtail or eliminate punishment for actual or possible federal criminal wrongdoing by issuing pardons. As the quotes that begin this chapter suggest, the nature of a presidential pardon is subject to dispute. A pardon can be thought to be an act of grace or an extension of the president's executive power to administer the criminal justice system, or something in between. This chapter does not resolve the issue, but considers the nature of the pardon power while considering whether or how the president can or should …
Federalism Anew, Sara Mayeux, Karen Tani
Federalism Anew, Sara Mayeux, Karen Tani
Vanderbilt Law School Faculty Publications
One of the most remarked-upon events of the recent past is the August 2014 death of a black teenager, Michael Brown, at the hands of a white police officer, Darren Wilson, in Ferguson, Missouri. Attention initially focused on individual actions and local circumstances, but quickly expanded to a broader set of injustices. Brown died just days before he was scheduled to start college, a significant accomplishment in his local context. His school district's graduation rate was less than 62 percent, compared to 96 percent in a wealthier district down the road, belying Missouri's constitutional commitments to public education and equal …
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Articles
No abstract provided.
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
Publications
No abstract provided.
America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate
America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate
Law Faculty Publications
Review of Bryan Stevenson's book, Just Mercy: A Story of Justice and Redemption, published by Spiegal & Grau in 2014.
He Jiahong, Back From The Dead: Wrongful Convictions And Criminal Justice In China, Stanley B. Lubman
He Jiahong, Back From The Dead: Wrongful Convictions And Criminal Justice In China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
1In 1987, Teng Xingshan was sentenced to death for raping a woman and dismembering her body; wrongfully convicted, he was executed in 1989 – but in 1992 the “victim” returned home, and Teng was exonerated in 2005. His case is only one among numerous other tragic wrongful convictions discussed in Back From the Dead: Wrongful Convictions and Criminal Justice in China, by Professor He Jiahong (Renmin University Law School, Beijing). This book, the product of ten years of research, is a scholarly analysis of wrongful convictions that demonstrates deep system-wide flaws in China’s criminal justice system.
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Scholarly Works
Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
Faculty Scholarship
Many contemporary civil rights claims arise from institutional activity that, while troubling, is neither malicious nor egregiously reckless. When law-makers find themselves unable to produce substantive rules for such activity, they often turn to regulating the actors’ exercise of discretion. The consequence is an emerging duty of responsible administration that requires managers to actively assess the effects of their conduct on civil rights values and to make reasonable efforts to mitigate harm to protected groups. This doctrinal evolution partially but imperfectly converges with an increasing emphasis in public administration on the need to reassess routines in the light of changing …
A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich
A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich
Faculty Scholarship
The purpose of this Article is to propose a new federal certificate of rehabilitation program. The creation of such a program not only would help the thousands of federal offenders released back into their communities every year overcome employment barriers but would also serve as a model for states to use in addressing the need of their own burgeoning population of former offenders. In order to understand the magnitude of the problem, it is essential to understand the pool of offenders affected by their criminal history, the intent of the federal agencies to assist this disadvantaged group, and the barriers …
Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit
Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit
Faculty Journal Articles and Book Chapters
This Article examines American prosecutors’ approaches to uncertainty during voir dire. At different points during trial preparation— and during jury selection itself—lawyers draw on multiple interpretive systems to make sense of ordinary citizens. Taking Assistant United States Attorneys in a federal jurisdiction in the Northeast United States as a case study, and drawing on ethnographic research, I focus on three systems prosecutors alternately (and sometimes simultaneously) use to evaluate jurors: (1) probabilistic and evaluative analogies, (2) juror-types generated from the details of criminal cases, and (3) local knowledge stemming from prosecutors’ relationships and experiences outside of the courtroom. I show …
The Drug Court Paradigm, Jessica M. Eaglin
The Drug Court Paradigm, Jessica M. Eaglin
Articles by Maurer Faculty
Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.
This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level, nonviolent …
Deadly Misunderstandings About Police Use Of Deadly Force, Gerald S. Reamey
Deadly Misunderstandings About Police Use Of Deadly Force, Gerald S. Reamey
Faculty Articles
This short article, written for law enforcement and criminal justice professionals in Texas, summarizes and addresses some of the most common ways in which the laws of justification in Texas are misunderstood and misapplied. The focus is on the use of deadly force by law enforcement officers and the specific provisions contained within the Texas Penal Code regulating the use of the highest level of force by police and others.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
All Faculty Scholarship
This article is one person's reflections on how an important influence on his own sense of moral values -- Jesus Christ -- affects his thinking about his own approach to his role as a public official in a secular society, using the vital topic of criminal justice as a focal point. This article draws several important lessons from Christ's teachings about the concept of the other that are relevant to issues of criminal justice. Using Catholicism as a framework, this article addresses, among other things, capital punishment and denying the opportunity for redemption; the problem of racial disparities in the …
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
Faculty Scholarship
Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …
Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus
Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus
Articles
In Part I, I will describe the ways in which today's right-to-counsel challenges are similar to and different from those that faced the writers of the 1961 symposium. I will also explain in more detail why the structural conditions of criminal defense work to create (and, to some extent, always have created) a cultural problem in indigent defense delivery systems across the country. In Part II, I will discuss why I believe that we are, once again, facing a moment for potential reform, albeit reform that is different in scope and kind from that which was possible in the 1960s. …