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Full-Text Articles in Law
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
Law and Contemporary Problems
Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.
What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz
What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz
Law and Contemporary Problems
Taslitz defines probable cause as having four components: one quantitative, one qualitative, one temporal, and one moral. He focuses on the last of these components. "Individualized suspicion," the US Supreme Court has suggested, is perhaps the most important of the four components of probable cause. That is a position with which he heartily agree. The other three components each play only a supporting role. But individualized suspicion is the beating heart that gives probable cause its vitality.
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 …
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.
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
Law and Contemporary Problems
Rothenberg and Wang discuss the broader social implications of researching traits of interest to the criminal law. They consider the social impact for those who participate in behavioral genetics studies, particularly when such research focuses on behaviors related to conduct such as addiction.
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Law and Contemporary Problems
In light of the abundance of studies focusing on the genetic contributions to addiction, Morse develops a meaningful background on the legal and scientific images of behavior, the disease concept of addiction, and the aspects of addiction for which a person may be held legally accountable.
From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt
From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt
Law and Contemporary Problems
Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.
The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy
The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy
Law and Contemporary Problems
Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment, but the Supreme Court's decision in "Strickland" has given appellate courts overly broad discretion to determine exactly what constitutes ineffective assistance of counsel. Murphy reviews the right to counsel and discusses the crucial role of counsel in capital cases throughout the trial and appellate processes.
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
Law and Contemporary Problems
Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
Law and Contemporary Problems
Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Law and Contemporary Problems
The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
Law and Contemporary Problems
In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
Law and Contemporary Problems
Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.
Reviving The Criminal Jury In Japan, Lester W. Kiss
Reviving The Criminal Jury In Japan, Lester W. Kiss
Law and Contemporary Problems
Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.
The American Criminal Jury, Nancy Jean King
The American Criminal Jury, Nancy Jean King
Law and Contemporary Problems
King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
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.
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Law and Contemporary Problems
Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.
Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan
Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan
Law and Contemporary Problems
A strategy for regaining control of federal criminal law, the reallocation of interpretive criminal law-making power within the Executive Branch, is discussed.
Comment On Lynch, Michael B. Mukasey
Comment On Lynch, Michael B. Mukasey
Law and Contemporary Problems
Mukasey offers a comment on Gerard E. Lynch's article concerning the role of criminal law in policing corporate misconduct.
Comment On Lynch, Kenneth J. Bialkin
Comment On Lynch, Kenneth J. Bialkin
Law and Contemporary Problems
Bialkin offers a comment on Gerard E. Lynch's article on the role of criminal law in policing corporate misconduct.
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
Law and Contemporary Problems
Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."