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Articles 1 - 30 of 46
Full-Text Articles in Criminal Law
Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty
Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty
Indiana Journal of Law and Social Equality
No abstract provided.
Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan
Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan
Articles by Maurer Faculty
Over thirty-five years ago, the city of Bhopal, India, witnessed a horrific gas leak that originated from a facility operated by Union Carbide India Limited (“UCIL”), which had as its parent company the American-based Union Carbide Corporation (“UCC”). Thousands were killed, with many more injured. One hundred forty-five cases were filed throughout various U.S. federal district courts on behalf of the victims asserting that UCIL and UCC were liable. Eventually, these cases were consolidated through the multi-district litigation (“MDL”) process and placed onto the docket of federal Judge John Keenan. In 1986, Judge Keenan issued his famous forum non conveniens …
The Legal Fiction Of The Right To Defense In The Colombian Criminal Justice System, Manuel Iturralde
The Legal Fiction Of The Right To Defense In The Colombian Criminal Justice System, Manuel Iturralde
Indiana Journal of Global Legal Studies
In the first section of the article, I will discuss Omar's case to show why he did not have a fair trial, and particularly how his rights to access to justice and to defense were infringed, both by the public defense he was provided and by the judges that decided his case.
In the second section, I will show that Omar's case is a tellingillustration of the features of the Colombian criminal justice system, which systematically and disproportionately sentences and imprisons marginalized and poor people-in great measure because they lack the financial resources to pay for better and more motivated …
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Indiana Law Journal
In a series of studies involving over six hundred trial judges in three countries, we demonstrate that trial judges’ civil damage awards and criminal sentences are subject to influences that make them erratic. We found that the presence of misleading numeric reference points (or “anchors”) affected judges’ decisions in a series of hypothetical cases. Specifically, judges imposed shorter sentences when assigning sentences in months rather than in years; awarded higher amounts of compensatory damages when informed of a cap on damage awards; imposed different sentences depending upon the sequence in which criminal cases were presented to them; and were influenced …
Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott
Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott
Articles by Maurer Faculty
A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal …
The Effects Of Booker On Inter-Judge Sentencing Disparity, Ryan W. Scott
The Effects Of Booker On Inter-Judge Sentencing Disparity, Ryan W. Scott
Articles by Maurer Faculty
No abstract provided.
Capital Defense Representation, Norman Lefstein
Capital Defense Representation, Norman Lefstein
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
Articles by Maurer Faculty
This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.
First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …
The Process Of The Governor's Council, Michael J. Sullivan
The Process Of The Governor's Council, Michael J. Sullivan
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Capital Crime
Open Discussion: Capital Crime
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Psychology Of Capital Punishment, Shelia M. Murphy
The Psychology Of Capital Punishment, Shelia M. Murphy
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Role Of Scientific Evidence
Open Discussion: Role Of Scientific Evidence
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Forensic Science Or Forgettable Science?, Craig M. Cooley
Forensic Science Or Forgettable Science?, Craig M. Cooley
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak
Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Problem Of Death Qualification, Nancy J. King
The Problem Of Death Qualification, Nancy J. King
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Procedural Default In Capital Cases, F. Thomas Schornhorst
Procedural Default In Capital Cases, F. Thomas Schornhorst
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Negative Effects Of Capital Jury Selection, Andrea D. Lyon
Negative Effects Of Capital Jury Selection, Andrea D. Lyon
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Value Of Procedure, Stephen R. Creason
The Value Of Procedure, Stephen R. Creason
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin
Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring
Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Response To Professors Kamin And Pokorak, Joseph L. Hoffmann
Response To Professors Kamin And Pokorak, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
Concluding Remarks, Joseph L. Hoffmann
Concluding Remarks, Joseph L. Hoffmann
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan
Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
False Positives And False Negatives In Capital Cases, Erik Lillquist
False Positives And False Negatives In Capital Cases, Erik Lillquist
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann
Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Post-Trial Review
Open Discussion: Post-Trial Review
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
A Psychologist's Perspective On Capital Juries, Steven J. Sherman
A Psychologist's Perspective On Capital Juries, Steven J. Sherman
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.