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Articles 1 - 30 of 71
Full-Text Articles in Criminal Law
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
All Faculty Scholarship
For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …
Hope And Betrayal On Death Row, David Cole
Hope And Betrayal On Death Row, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Pace Law Review
No abstract provided.
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Pace Law Review
No abstract provided.
Getting To Yes In A Plra World, Elizabeth Alexander
Getting To Yes In A Plra World, Elizabeth Alexander
Pace Law Review
No abstract provided.
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Pace Law Review
No abstract provided.
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Pace Law Review
No abstract provided.
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Pace Law Review
No abstract provided.
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Pace Law Review
No abstract provided.
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Pace Law Review
No abstract provided.
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
Pace Law Review
No abstract provided.
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Pace Law Review
No abstract provided.
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Pace Law Review
No abstract provided.
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
Pace Law Review
No abstract provided.
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
Pace Law Review
No abstract provided.
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
Pace Law Review
No abstract provided.
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Pace Law Review
No abstract provided.
Prison Oversight And Prison Leadership, Stan Stojkovic
Prison Oversight And Prison Leadership, Stan Stojkovic
Pace Law Review
No abstract provided.
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
Pace Law Review
No abstract provided.
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Pace Law Review
No abstract provided.
Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch
Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch
Pace Law Review
No abstract provided.
From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin
From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin
Pace Law Review
No abstract provided.
Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch
Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch
Pace Law Review
No abstract provided.
Stalking - Rechtliche Und Kriminologische Aspekte, Daniel H. Heinke
Stalking - Rechtliche Und Kriminologische Aspekte, Daniel H. Heinke
Dr. Daniel H. Heinke
Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger, Margaret C. Love, Carl Reynolds
Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger, Margaret C. Love, Carl Reynolds
Articles
or more than i O years, corrections professionals and others concerned about the treatment of prisoners have despaired over conditions in California's prisons. Crowding, violence, racial segregation, abysmal medical care, an obstructionist corrections union. and a state budget crisis have combined to bring the system to the point of constitutional meltdov,n. In 2008. a state appellate court found conditions of "'extreme peril to the safety of persons and property,'' and a three-judge federal court confirmed the existence of a "substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed …
Doubts About Death, Lauren Sudeall Lucas
Doubts About Death, Lauren Sudeall Lucas
Faculty Publications By Year
No abstract provided.
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
University of Richmond Law Review
In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie
Graduate Research Symposium (GCUA) (2010 - 2017)
The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell
Liz Campbell
The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose …
Can Criminal Law Be Controlled?, Darryl K. Brown
Can Criminal Law Be Controlled?, Darryl K. Brown
Michigan Law Review
It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct …