Law Commons^™

Prevention And Imminence, Pre-Punishment And Actuality, Gideon Yaffe

San Diego Law Review

In a variety of circumstances, it is justified to harm persons, or deprive them of liberty, in order to prevent them from doing something objectionable. We see this in interactions between individuals--think of self-defense or defense of others--and we see it in large-scale interactions among groups--think of preemptive measures taken by countries against conspiring terrorists, plotting dictators, or ambitious nations. We can argue, of course, about the details. Under exactly what conditions is it justified to inflict harm or deprive someone of liberty for reasons of prevention? But in having such arguments we agree on the fundamental idea: there are …

Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin

San Diego Law Review

This Article contends that properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so, at least for crimes against person and most other street crimes.

More specifically, the position defended in this Article is that, once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. Compared to determinate sentencing, the sentencing regime advanced in this Article relies on wider sentence ranges and explicit assessments of risk, …

Lifting The Cloak: Preventive Detention As Punishment, Douglas Husak

San Diego Law Review

Most of the scholarly reaction to systems of preventive detention has been hostile. Negative judgments are especially prevalent among penal theorists who hold nonconsequentialist, retributivist rationales for criminal law and punishment. Surely their criticisms are warranted as long as we confine our focus to the existing systems of preventive detention that flagrantly disregard fundamental principles of legality and desert. Nonetheless, I believe that many of their more sweeping objections tend to rest too uncritically on doctrines of criminal theory that are not always supported by sound arguments even though they are widely accepted. I will contend that we cannot fully …

The Unconstitutionality Of State Regulation Of Immigration Through Criminal Law, Gabriel J. Chin, Marc L. Miller

Duke Law Journal

The mirror-image theory of cooperative state enforcement of federal immigration law is a phenomenon—one of the most wildly successful legal ideas in decades. The mirror-image theory proposes that states can enact and enforce criminal immigration laws that are based on federal statutes. The theory that it is unobjectionable for a state to carry out federal policy is the basis of Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act—better known as SB 1070—and similar laws enacted in Alabama, Georgia, Indiana, and Utah. The same theory has provoked the introduction of bills in numerous other states and earlier but more narrowly …

Teaching And Learning Islamic Law In A Globalized World: Some Reflections And Perspectives, Shaheen Sardar Ali

Journal of Legal Education

No abstract provided.

"No Sinecure": William Young As Attorney General Of Nova Scotia, 1854-1857, William H. Laurence

Dalhousie Law Journal

Focusing on the tenure (1854-1857) of William Young, this article examines the legal work of nineteenth-century Nova Scotian attorneys general. Although he served without the benefit of an established justice department, Young fulfilled a wide range of duties and completed an impressive volume of work, which required knowledge of both public and private law, and which demanded advocacy advisory, solicitorial, and legislative drafting skills. This article argues that though Young's performance as a Crown prosecutor received the most public attention, his accomplishments outside the criminal courtroom, especially those relating to the administration ofjustice and legislative development, had the most significant …

America's Longest Held Prisoner Of War: Lessons Learned From The Capture, Prosecution, And Extradition Of General Manuel Noriega, Geoffrey S. Corn, Sharon G. Finegan

Louisiana Law Review

No abstract provided.

The Bp Spill And The Meaning Of "Gross Negligence Or Willful Misconduct", Patrick H. Martin

Louisiana Law Review

No abstract provided.

The Material Support Prosecution And Foreign Policy, Wadie E. Said

Indiana Law Journal

No abstract provided.

Conceptualizing The Law From A Gender Perspective: Conceptions Regarding Victim And Accused, Gladys Acosta Vargas

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Blaming “Culture:” “Cultural” Evidence In Homicide Prosecutions And A New Perspective On Blameworthiness, Christian G. Ohanian

American University Criminal Law Brief

No abstract provided.

Kiddie Porn In The Gallery: Defending The Artist's Corpus Or Invading The Corporal Integrity Of The Subject, Jessica N. White

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

From Sounds Bites To Sound Policy: Reclaiming The High Ground In Criminal Justice Policy-Making, Anthony C. Thompson

Fordham Urban Law Journal

In this article, the author contemplates the way the criminal justice system is portrayed in the media and suggests how the media's emphasis on "sound bites" - which makes it difficult to separate fact from hype - has had significant policy ramifications. The author makes a point of exploring the many ways that conceptions of crime are formed and influenced, as well as how the media has shaped legislation. In the author's opinion, in order to curb the excessive influence of most mainstream representations of the criminal justice system, there must be some mechanism for oversight of both the media …

Inherently Female Cases Of Child Abuse And Neglect: A Gender-Neutral Analysis, Suzanne D'Amico

Fordham Urban Law Journal

Tabitha Walrond was a young mother who was found guilty of criminally negligent homicide after her two-month-old son died from malnutrition. This Comment examines how the portrayal of Ms. Walrond by the defense and prosecution, and in the media reflects gender stereotypes in the criminal law and society. The Comment posits the notion that Ms. Walrond was portrayed as either a good or bad mother and once so labeled, the judge, jury and prosecution view her as such, while ignoring her specific situation. As a result, a defendant such as Ms. Walrond may be treated either too harshly or too …

Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman

NYLS Law Review

No abstract provided.

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.