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Criminal law

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Law and Contemporary Problems

1998

Articles 1 - 4 of 4

Full-Text Articles in Law

Racial Disparity And The Death Penalty, John C. Mcadams Oct 1998

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 Oct 1998

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 Oct 1998

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 Jan 1998

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.