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Articles 1 - 30 of 45
Full-Text Articles in Law
Prosecutorial Discretion And Decision Making : Processing Sexual Assault Cases, Megan Kennedy
Prosecutorial Discretion And Decision Making : Processing Sexual Assault Cases, Megan Kennedy
Legacy Theses & Dissertations (2009 - 2024)
This dissertation examines prosecutorial discretion and decision making in the processing of sexual assault cases. The literature has long focused on the idea that prosecutors make decisions with the goal of avoiding uncertainty, the uncertainty being a potential acquittal. Researchers suggest this goal is the result of prosecutors’ beliefs that professional advancement is dependent upon one’s conviction record. Much of the research in this area has relied upon quantitative methods and analyses. The results of the analyses lead researchers to infer that prosecutors do indeed make charging decisions with an eye toward avoiding uncertainty. Specifically related to sexual assault cases, …
Panel 5: Access To Justice, Janet E. Mosher, Trevor C. W. Farrow, Michael J. Trebilcock, Lorne Sossin
Panel 5: Access To Justice, Janet E. Mosher, Trevor C. W. Farrow, Michael J. Trebilcock, Lorne Sossin
Janet Mosher
PANEL V: ACCESS TO JUSTICE: Moderator: Lorne Sossin, Dean, Osgoode Hall Law School; Speaker: Janet Mosher, Professor, Osgoode Hall Law School, "Access to Justice Amid Threats of Contagion"; Speaker: Trevor Farrow, Professor, Osgoode Hall Law School, "What is Access to Justice?"; Discussant: Michael Trebilcock, Professor, Faculty of Law, University of Toronto.
The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos
The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos
Jamie Cameron
When the Charter of Rights and Freedoms turned twenty-five in 2007, Professors Jamie Cameron and James Stribopoulos organized a conference which brought together leading thinkers on the Charterand criminal justice. A strong faculty of academics, judges and practitioners debated and discussed the Charter's impact on criminal justice. The papers from this conference, which have now been edited by Professors Cameron and Stribopoulos, provide a fascinating look at how the Charter has transformed the Canadian criminal justice system.
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
Legacy Theses & Dissertations (2009 - 2024)
Few issues have captivated the criminal justice world in recent years like wrongful convictions. An advocacy network has developed around the United States, responsible for exonerating more than 1,500 individuals and successfully passing reforms at all levels of criminal justice policy and practice. This "innocence movement" has been described as a "revolution" and a "new civil rights movement," yet has rarely been examined in-depth by scholars. In this dissertation, I explore the history and theoretical underpinnings of the movement through interviews with 37 actors involved in innocence work, archival materials, and observational research. I draw on the rich body of …
No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon
No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon
Articles, Book Chapters, & Popular Press
Abstract
Recent concerns about the geography of access to justice in Canada have focused on the dwindling number of lawyers in rural and remote areas, raising anxieties about the profession’s inability to meet current and future demands for localized legal services. These concerns have motivated a range of policy responses that aim to improve the education, training, recruitment and retention of practitioners in underserved areas. We surveyed lawyers across Ontario to better understand their physical proximity to clients and how, if at all, that proximity promotes access to justice. We find that lawyers’ scope of practice varies based on a …
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Pepperdine Law Review
No abstract provided.
State Juvenile Justice Spending Decisions: The Effects Of Federal Aid, Race, Politics, And Other Socioeconomic Factors, Willie B. Coleman Smith
State Juvenile Justice Spending Decisions: The Effects Of Federal Aid, Race, Politics, And Other Socioeconomic Factors, Willie B. Coleman Smith
UNLV Theses, Dissertations, Professional Papers, and Capstones
Historically, juvenile justice in the United States has been the responsibility of state governments with limited federal support. There is a notable gap in the empirical literature on factors that affect funding policies for state juvenile justice programs. In this dissertation research, I used two theoretical perspectives to examine determinants of juvenile justice spending: economic theory on intergovernmental aid and tenets of the Politics of Social Order Framework, developed by Stucky, Heimer, and Lang (2007) to investigate corrections spending. Two research questions were considered: 1) What impact does federal aid have on state spending on juvenile justice programs? and 2) …
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
Cornell International Law Journal
The dual enforcement regime of the International Criminal Court constitutes a fundamental pillar of the Rome Statute of the International Criminal Court and represents a novel system within the history of international criminal law. This article is the first to focus on the emerging practice of the Court as it begins developing and implementing this unique enforcement regime. Drawing directly from the recent history within the Presidency and focusing on the current activities of the Trust Fund for Victims, this Article explains how, why, and in what direction the Court's enforcement practice is evolving.
Between The Scylla And Charybdis Of Prosecution And Reconciliation: The Khmer Rouge Trials And The Promise Of International Criminal Justice, Neha Jain
Duke Journal of Comparative & International Law
No abstract provided.
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Law and Contemporary Problems
In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …
2009 Nevada Nonprofit’S Children Summit: Child Welfare, Juvenile Justice, And Youth Homelessness, The Nevada Institute For Children’S Research And Policy
2009 Nevada Nonprofit’S Children Summit: Child Welfare, Juvenile Justice, And Youth Homelessness, The Nevada Institute For Children’S Research And Policy
Nevada Institute for Children's Research and Policy Reports
On April 14, 2009, approximately 175 individuals from public and private nonprofit agencies across Nevada came together with representatives from national organizations and federal agencies to attend the Nevada Nonprofit’s Children Summit hosted by Senator Harry Reid and co-sponsored by the Nevada Institute for Children’s Research and Policy and the Children’s Advocacy Alliance. Participants gained insight into federal initiatives and discussed practice and policy priorities in the areas of child welfare, juvenile justice and youth homelessness. This briefing presents the recommendations for federal policy proposed by the participants, both state and national, to improve programs and practices in Nevada around …
Exploring Lay Participation In Legal Decision-Making: Lessons From Mixed Tribunals, Sanja Kutnjak Ivkovic
Exploring Lay Participation In Legal Decision-Making: Lessons From Mixed Tribunals, Sanja Kutnjak Ivkovic
Cornell International Law Journal
No abstract provided.
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Law and Contemporary Problems
In 1994, convicted murderer Stephen Mobley became a cause celebre when he appealed his death sentence before the Georgia Supreme Court in the case of Mobley v. State. Denno describes the potential implications arising from the high-profile case of Stephen Mobley. He sought to introduce a then-cutting-edge theory that violence could be based on a genetic or neurochemical abnormality as mitigating evidence during capital sentencing.
The Media As Participants In The International Legal Process, Monica Hakimi
The Media As Participants In The International Legal Process, Monica Hakimi
Duke Journal of Comparative & International Law
No abstract provided.
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Law and Contemporary Problems
Garland and Frankel issue a call for scientists, lawyers, courts and lawmakers to begin a critical dialogue about the implications of scientific discoveries and technological advances in criminal law, behavioral genetics and neuroscience.
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Faculty Scholarship
No abstract provided.
A Feminist Look At The Death Penalty, Amy E. Pope
A Feminist Look At The Death Penalty, Amy E. Pope
Law and Contemporary Problems
Pope gives an exploration of the need for a feminist perspective on capital punishment. She then begins to determine which feminist methodology is most appropriate to an analysis of the death penalty.
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
Georgetown Law Faculty Publications and Other Works
According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …
Prosecuting Race, Anthony V. Alfieri
Prosecuting Race, Anthony V. Alfieri
Duke Law Journal
Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics. This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a raceconscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism values, …
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
Scapegoating The Jury, Clay S. Conrad
Scapegoating The Jury, Clay S. Conrad
Cornell Journal of Law and Public Policy
No abstract provided.
Myth Of Black Juror Nullification: Racism Dressed Up In Jurisprudential Clothing, Elissa Krauss, Martha Schulman
Myth Of Black Juror Nullification: Racism Dressed Up In Jurisprudential Clothing, Elissa Krauss, Martha Schulman
Cornell Journal of Law and Public Policy
No abstract provided.
Comments On Jury Nullification, John W. Bissell
Comments On Jury Nullification, John W. Bissell
Cornell Journal of Law and Public Policy
No abstract provided.
A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry
A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry
Theses : Honours
When an offender receives a non-custodial sentence following remand custody then concerns must be raised that the pre-trial remand imprisonment was unnecessary and improper, with judicial, economic and humanitarian consequences that run counter to the philosophical and legislative expectations of a democratic justice system. This study analysed the use of remand custody orders over a six month charge period, by magistrates in Western Australia, to determine what proportion of offenders spent time in remand custody prior to receiving a noncustodial sentence. The results indicate that magistrates use the remand custody facility as a "short, sharp shock" to deter future offending, …
Holding A Child In Contempt, Maggie L. Hughey
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Law and Contemporary Problems
Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Law and Contemporary Problems
The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.
Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.
Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.
Cornell Law Review
No abstract provided.
Human Rights In The Context Of Criminal Justice: Identifying International Procedural Protections And Equivalent Protections In National Constitutions, M. Cherif Bassiouni
Human Rights In The Context Of Criminal Justice: Identifying International Procedural Protections And Equivalent Protections In National Constitutions, M. Cherif Bassiouni
Duke Journal of Comparative & International Law
No abstract provided.