Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (55)
- Selected Works (45)
- Northwestern Pritzker School of Law (31)
- University of Pennsylvania Carey Law School (26)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (25)
-
- Georgia State University College of Law (24)
- University of Maine School of Law (23)
- American University Washington College of Law (22)
- Brooklyn Law School (21)
- Fordham Law School (18)
- Belmont University (17)
- Roger Williams University (16)
- Schulich School of Law, Dalhousie University (16)
- Notre Dame Law School (15)
- Mercer University School of Law (14)
- University of San Diego (13)
- Washington and Lee University School of Law (13)
- Pace University (12)
- SJ Quinney College of Law, University of Utah (12)
- St. Mary's University (11)
- University of Michigan Law School (11)
- University of Richmond (11)
- William & Mary Law School (11)
- University of Georgia School of Law (10)
- Vanderbilt University Law School (10)
- City University of New York (CUNY) (9)
- Boston University School of Law (8)
- Columbia Law School (8)
- James Madison University (8)
- St. John's University School of Law (8)
- Keyword
-
- Criminal law (68)
- Criminal Law (32)
- Punishment (26)
- Criminal justice (25)
- Sentencing (22)
-
- Evidence (18)
- Constitutional law (17)
- Race (17)
- Crime (16)
- Death penalty (16)
- Law (14)
- Criminal procedure (13)
- Fourth Amendment (13)
- Mass incarceration (13)
- Police (13)
- Prison (13)
- Responsibility (13)
- Discrimination (12)
- Prisons (12)
- Incarceration (11)
- Imprisonment (9)
- Law Review (9)
- Legislation (9)
- Self defense (9)
- Social justice (9)
- Technology (9)
- Canada (8)
- Capital punishment (8)
- Corruption (8)
- Crimes (8)
- Publication
-
- Faculty Scholarship (46)
- Review of law sciences (36)
- All Faculty Scholarship (33)
- Georgia State University Law Review (23)
- Journal of Criminal Law and Criminology (22)
-
- Maine Law Review (22)
- Nevada Supreme Court Summaries (19)
- ProAcademy (19)
- Belmont Criminal Law Journal (17)
- Mercer Law Review (13)
- Faculty Publications (12)
- San Diego Law Review (12)
- Articles in Law Reviews & Other Academic Journals (11)
- Articles, Book Chapters, & Popular Press (11)
- Fordham Law Review Online (11)
- Journal Articles (9)
- Utah Law Faculty Scholarship (9)
- Articles (8)
- Pace Law Review (8)
- Scholarly Articles (8)
- University of Richmond Law Review (8)
- International Journal on Responsibility (7)
- Northwestern University Law Review (7)
- Notre Dame Law Review (7)
- American University Journal of Gender, Social Policy & the Law (6)
- Fordham Law Review (6)
- Life of the Law School (1993- ) (6)
- Loyola of Los Angeles Law Review (6)
- Scholarly Works (6)
- Brooklyn Law Review (5)
- Publication Type
Articles 691 - 720 of 763
Full-Text Articles in Law
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris
All Faculty Scholarship
The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power of …
A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson
A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson
All Faculty Scholarship
This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible …
Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer
Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer
All Faculty Scholarship
The year 2018 marked the fiftieth anniversary of the Pennsylvania Constitution of 1968. The time seems ripe, therefore, to explore the Pennsylvania Supreme Court’s exercise of judicial review under the 1968 Pennsylvania Constitution. This Article constitutes the first such comprehensive exploration.
The Article begins with an historical overview of the evolution of the Pennsylvania Constitution, culminating in the Constitution of 1968. It then presents a census of the 372 cases in which the Pennsylvania Supreme Court has vindicated distinctive Pennsylvania Constitutional rights under the Constitution of 1968.
Analysis of these cases leads to three conclusions:
1. Exercise of independent constitutional …
The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward
The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward
All Faculty Scholarship
The past few decades have seen the proliferation of new laws criminalizing certain transnational activities, from money laundering to corruption; from insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by …
Jurisdiction-Specific Wrongful Conviction Rate Estimates: The North Carolina And Utah Examples, Paul Cassell
Jurisdiction-Specific Wrongful Conviction Rate Estimates: The North Carolina And Utah Examples, Paul Cassell
Utah Law Faculty Scholarship
Determining an error rate for wrongful convictions remains among the most pressing problems in the criminal justice literature. In a response to my earlier article, Professor George Thomas has offered an intriguing way to make that determination—through examining innocence cases uncovered through North Carolina’s Innocence Inquiry Commission. This Reply reassesses Thomas’s North Carolina estimate rate, concluding it to be somewhat too high. This Reply then looks at another state—my home state of Utah—to find another possible jurisdictionspecific error rate. Properly calculated, the wrongful conviction rates for North Carolina and Utah support my earlier-offered suggestion of a wrongful conviction rate in …
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Articles
This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist without requiring any …
When Discretion To Record Becomes Assertive: Body Camera Footage As Hearsay, Natalie P. Pike
When Discretion To Record Becomes Assertive: Body Camera Footage As Hearsay, Natalie P. Pike
Vanderbilt Journal of Entertainment & Technology Law
As police body camera footage pervades courtrooms across the country as evidence in criminal trials, courts must reevaluate whether, and under which evidentiary frameworks, they will admit the footage to prove that what the footage depicts is true. This Note analyzes the frameworks under which courts have historically admitted filmic evidence: namely, through authentication and as demonstrative evidence. It concludes that body camera footage is distinct from evidence traditionally admitted through those frameworks because body camera footage is akin to an officer's assertive statement--the officer has discretion to activate and aim the body camera. Courts should therefore exclude the footage …
The Right To Two Criminal Defense Lawyers, Bruce A. Green
The Right To Two Criminal Defense Lawyers, Bruce A. Green
Faculty Scholarship
No abstract provided.
Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston
Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston
Marquette Sports Law Review
None
Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon Evans
Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon Evans
Faculty Publications
For over twenty-five years, the Armed Career Criminal Act has produced inconsistent results and has taxed judicial economy perhaps more than any other federal sentencing mechanism. This recidivist sentencing enhancement is meant to punish habitual criminals based on their numerous past crimes, but the Supreme Court’s application of the Act too often allows habitual criminals to escape the intended enhancement on a legal technicality. This comes as a result of the Court’s categorical approach, which punishes habitual criminal offenders based on the statutory elements of their past crimes rather than the conduct of their past crimes.
In an effort to …
Criminally Bad Management, Samuel W. Buell
Criminally Bad Management, Samuel W. Buell
Faculty Scholarship
Because of their leverage over employees, corporate managers are prime targets for incentives to control corporate crime, even when managers do not themselves commit crimes. Moreover, the collective actions of corporate management — producing what is sometimes referred to as corporate culture — can be the cause of corporate crime, not just a locus of the failure to control it. Because civil liability and private compensation arrangements have limited effects on management behavior — and because the problem is, after all, crime — criminal law is often expected to intervene. This handbook chapter offers a functional explanation for corporate criminal …
Evidence-Informed Criminal Justice, Brandon L. Garrett
Evidence-Informed Criminal Justice, Brandon L. Garrett
Faculty Scholarship
The American criminal justice system is at a turning point. For decades, as the rate of incarceration exploded, observers of the American criminal justice system criticized the enormous discretion wielded by key actors, particularly police and prosecutors, and the lack of empirical evidence that has informed that discretion. Since the 1967 President’s Commission on Law Enforcement and Administration of Justice report, The Challenge of Crime in a Free Society, there has been broad awareness that the criminal system lacks empirically informed approaches. That report unsuccessfully called for a national research strategy, with an independent national criminal justice research institute, along …
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David A. Harris, David Rudovsky
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David A. Harris, David Rudovsky
Articles
The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power of …
Rethinking The Boundaries Of “Criminal Justice", Benjamin Levin
Rethinking The Boundaries Of “Criminal Justice", Benjamin Levin
Scholarship@WashULaw
This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique. Specifically, I trace two themes in the book: (1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and (2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement. I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding …
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Scholarship@WashULaw
It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …
Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning
Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning
Articles & Chapters
No abstract provided.
California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega
California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega
Scripps Senior Theses
Using the frames of analysis and language of political whiteness and anti-migrant hegemony, this paper examines the narrative of liberal immigration reformers transforming California’s political landscape within the period of 1994 to 2017. Taken as case studies the following articles of legislation are analyzed: Proposition 187 in 1994, the California Dream Act in 2010, the Trust Act in 2014, up to the present Senate Bill 54 in 2017. The paper finds that while California has experienced a recognizable shift in racial liberalism in rhetoric and legislation, its overall policy continues to work within the framework of anti-migrant hegemony that functions …
Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis
Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis
South Carolina Journal of International Law and Business
No abstract provided.
Bias In, Bias Out, Sandra G. Mayson
Bias In, Bias Out, Sandra G. Mayson
All Faculty Scholarship
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether.
This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies …
Consent And Coercion, Kimberly Kessler Ferzan
Consent And Coercion, Kimberly Kessler Ferzan
All Faculty Scholarship
There are substantial disputes as to what sorts of behavior constitute coercion and thereby undermine consent. This disagreement was on full display during the public fray over Aziz Ansari’s behavior on a date. Whereas some commentators condemned Ansari’s behavior as nothing short of sexual assault, others believed his behavior did not rise to the level of undermining consent.
This Article claims that the way forward is to see that there are two normative functions for coercion, and each is at play with respect to consent. Sometimes coercion is about the blameworthiness of the coercer, and sometimes coercion is about the …
Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson
Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson
St. Mary's Law Journal
Abstract forthcoming
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
Abstract forthcoming
Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell
Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell
Faculty Scholarship
Criminal procedure law does not require prosecutors to speak outside of court. Professional regulations and norms discourage and sometimes prohibit prosecutors from doing so. Litigation often rewards strategic and tactical maintenance of the element of surprise. Institutional incentives encourage bureaucrats, especially those not bound by procedural requirements of administrative law, to decline to commit themselves to future action. In the always exceptional field of corporate crime, however, the Department of Justice and federal line prosecutors have developed practices of signaling and describing their exercise of discretion through detailed press releases, case filings, and policy documents. This contribution to a symposium …
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
Faculty Scholarship
The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.
Trials By Peers: The Ebb And Flow Of The Criminal Jury In France And Belgium, Claire M. Germain
Trials By Peers: The Ebb And Flow Of The Criminal Jury In France And Belgium, Claire M. Germain
UF Law Faculty Publications
The participation of lay jurors in criminal courts has known much ebb and flow both in France and in Belgium. These two countries belong to the civil law tradition, where juries are the exception rather than the rule in criminal trials, and they only exist in criminal cases, not civil cases. In spite of some similarities, there are substantial differences between the two countries, and their systems will be examined in turn.
In France, the Cour d’assises itself was inherited from the French Revolution. Since a law of 1941, it is a mixed jury system, meaning that lay citizens sit …
Safety In Post-Conviction Proceedings, 51 J. Marshall L. Rev. 773 (2018), Boaz Sangero
Safety In Post-Conviction Proceedings, 51 J. Marshall L. Rev. 773 (2018), Boaz Sangero
UIC Law Review
It is extremely difficult to correct an error after conviction.Given the Hidden Accidents Principle in criminal law, it is very hard to uncover mistakes and even harder to prove them. Time is one of the greatest enemies of reconstructing the truth. Evidence gets lost, potential witnesses forget, move away, or die. The legal rules, including the finality of verdicts rule, hinder the rectification of miscarriages of justice. Another factor is that once the indictment has been made, the police usually close their investigation. Even when the appellate court finds a defect in the original trial proceedings, it will most likely …
Insanity Defense, Paul H. Robinson, Tyler Scot Williams
Insanity Defense, Paul H. Robinson, Tyler Scot Williams
All Faculty Scholarship
It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.
American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …
Pluralism In International Criminal Procedure, Jenia I. Turner
Pluralism In International Criminal Procedure, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last two decades, international criminal procedure has become a recognized body of law, with textbooks, treatises, and law review articles discussing its rules and principles and theorizing its goals and methods. The term refers to the procedures used at the international criminal courts and tribunals created to address some of the most serious offenses, such as genocide, crimes against humanity, and war crimes. Some of these courts are fully international, like the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the permanent International Criminal Court (ICC). Others are “hybrid courts,” …
From Criminals To Survivors: Recognizing Domestic Sex Trafficking As Violence Against Women In The District Of Columbia, Alice Mutter
From Criminals To Survivors: Recognizing Domestic Sex Trafficking As Violence Against Women In The District Of Columbia, Alice Mutter
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Effects Of The War On Drugs On Black Women: From Early Legislation To Incarceration, Tiffany Simmons
The Effects Of The War On Drugs On Black Women: From Early Legislation To Incarceration, Tiffany Simmons
American University Journal of Gender, Social Policy & the Law
No abstract provided.