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Articles 1 - 12 of 12
Full-Text Articles in Criminal Law
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
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In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
Are We Responsible For Who We Are? The Challenge For Criminal Law Theory In The Defenses Of Coercive Indoctrination And "Rotten Social Background", Paul H. Robinson
Are We Responsible For Who We Are? The Challenge For Criminal Law Theory In The Defenses Of Coercive Indoctrination And "Rotten Social Background", Paul H. Robinson
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Should coercive indoctrination or "rotten social background" be a defense to crime? Traditional desert-based excuse theory roundly rejects these defenses because the offender lacks cognitive or control dysfunction at the time of the offense. The standard coercive crime-control strategies of optimizing general deterrence or incapacitation of the dangerous similarly reject such defenses. Recognition of such defenses would tend to undermine, perhaps quite seriously, deterrence and incapacitation goals. Finally, the normative crime-control principle of empirical desert might support such an excuse, but only if the community's shared intuitions of justice support it. The law’s rejection of such defenses suggests that there …
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
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No abstract provided.
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
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No abstract provided.
Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts
Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts
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No abstract provided.
Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts
Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts
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No abstract provided.
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
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No abstract provided.
Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli
Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli
All Faculty Scholarship
No abstract provided.
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
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No abstract provided.
Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts
Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts
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No abstract provided.
The Twilight Of Welfare Criminology, Stephen J. Morse
The Twilight Of Welfare Criminology, Stephen J. Morse
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No abstract provided.
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
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No abstract provided.