Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Crime control (2)
- Criminal law (2)
- Failures of justice (2)
- Law & society (2)
- Moral vigilantes (2)
-
- Self help (2)
- Condemnability (1)
- Confrontation Clause (1)
- Constitutional law (1)
- Death penalty (1)
- Displacement (1)
- Eighth Amendment (1)
- Extremists (1)
- Fourth Amendment (1)
- Interpretation (1)
- Jurisprudence (1)
- Jury trials (1)
- Justice Antonin Scalia (1)
- Legal theory (1)
- Lenity (1)
- Methodology (1)
- Minority views (1)
- Notice (1)
- Police testilying to subvert exclusionary rule (1)
- Professional neutrality (1)
- Prosecutor reluctance to try some vigilantes (1)
- Prosecutorial overcharging (1)
- Rule of law (1)
- SCOTUS (1)
- Search and seizure (1)
Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
All Faculty Scholarship
Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to legislative …
How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson
How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
This is a chapter from the new book The Vigilante Echo. Previous chapters have made clear that some vigilantism can be morally justified where the government has failed in its promise under the social contract to protect and to do justice. But this chapter explains how even moral vigilante action can be problematic for the larger society. Vigilantes may try to do the right thing but are likely to lack the training and professional neutrality of police. They may be successful, but only on pushing the crime problem to an adjacent neighborhood. Because their open lawbreaking may seem admirable …
Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson
Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.
Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic vigilantes …