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Articles 1 - 30 of 42
Full-Text Articles in Criminal Law
The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon
The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon
All Faculty Scholarship
One of the most challenging problems in legal scholarship is the measurement of attorney ability. Measuring attorney ability presents inherent challenges because the nonrandom pairing of attorney and client in most cases makes it difficult, if not impossible, to distinguish between attorney ability and case selection. Las Vegas felony case data, provided by the Clark County Office of the Public Defender in Nevada, offer a unique opportunity to compare attorney performance. The office assigns its incoming felony cases randomly among its pool of attorneys, thereby creating a natural experiment free from selection bias. We find substantial heterogeneity in attorney performance …
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Brigham Young University Journal of Public Law
No abstract provided.
The Penetration Of The Criminal Justice System Into Communities Of Color: A Leadership Challenge For The Legal Profession. Address At The Convocation On The Face Of The Profession Iii: Leadership Of The Bar; Sponsored By The New York State Judicial Institute On Professionalism In The Law On April 27, 2007 In Albany, Ny., Jeremy Travis
Publications and Research
No abstract provided.
Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell
S. David Mitchell
Felon exclusion laws are jurisdiction-specific, post-conviction statutory restrictions that prohibit convicted felons from exercising a host of legal rights, most notably the right to vote. The professed intent of these laws is to punish convicted felons equally without regard for the demographic characteristics of each individual, including race, class, or gender. Felon exclusion laws, however, have a disproportionate impact on African-American males and, by extension, on the residential communities from which many convicted felons come. Thus, felon exclusion laws not only relegate African-American convicted felons to a position of second-class citizenship, but the laws also diminish the collective citizenship of …
Tripartite Solution To Eyewitness Error, A , Richard A. Wise, Kristen A. Dauphinais, Martin A. Safer
Tripartite Solution To Eyewitness Error, A , Richard A. Wise, Kristen A. Dauphinais, Martin A. Safer
Journal of Criminal Law and Criminology
No abstract provided.
Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro
Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro
Journal of Criminal Law and Criminology
No abstract provided.
Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky
Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky
Journal of Criminal Law and Criminology
No abstract provided.
The Fight For Post-Conviction Dna Testing Is Not Yet Over: An Analysis Of The Eight Remaining Holdout States And Suggestions For Strategies To Bring Vital Relief To The Wrongfully Convicted, Rachel Steinback
Journal of Criminal Law and Criminology
No abstract provided.
Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero
Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero
Journal of Criminal Law and Criminology
No abstract provided.
From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell
From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell
Liz Campbell
At all stages of the Irish criminal process, from pretrial detention and investigation, through the courthearing and at sentencing, a shift in focus from the due process rights of the accused towards the crime control aims of the State is apparent. Due process values, which seek to establish a degree of parity between the State and the accused, are increasingly seen in popular and political discourse as inconveniences to be overcome, rather than vital safeguards.
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Fiona David
In recent years, the Australian Government has committed significant resources to combating trafficking in persons. Within this larger anti-trafficking effort, the community sector, law enforcement, prosecutors, health professionals and members of the community all have an important role to play. As each sector comes to terms with the reality of trafficking in Australia, it is important that emerging challenges and possible solutions are identified. This paper focuses on the challenges that may confront law enforcement officials in any country in their efforts to detect trafficking, identify victims, investigate offences and contribute to the successful prosecution of offenders. Drawing on international …
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
Journal of Criminal Law and Criminology
No abstract provided.
The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye
The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye
Journal Articles
This article focuses on sequences of DNA base-pairs, which are becoming increasingly important in the field of law. These DNA sequences are used by forensic scientists to discover evidence such as blood stains, semen, saliva, and hair, and has become highly useful in the courtroom with regard to exonerating the innocent and convicting the guilty. Part I of the article examines how courts may (or may not) admit DNA evidence in court through four phases: uncritical acceptance; serious challenges to analytical methods and statistical interpretation of the results; renewed acceptance of DNA evidence; and acceptance of advance systems of DNA …
End Natural Life Sentences For Juveniles, Jeffrey A. Fagan
End Natural Life Sentences For Juveniles, Jeffrey A. Fagan
Faculty Scholarship
In 2005, the U.S. Supreme Court in Roper v. Simmons (125 S. Ct. 1183) banned executions of persons who commit capital murder before they reach age 18. Roper overturned death sentences for 72 people in 18 states (Streib, 2005). Most (but not all) were resentenced to natural life or life in prison without the possibility of parole (or JLWOP). Juvenile justice advocates now want to extend Roper’s maturity heuristic, proportionality analysis, aversion to errors, and deference to international laws and norms to argue for a constitutional ban on natural life sentences for adolescent offenders. This move could have a far …
Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery
Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery
Faculty Scholarship
Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …
Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani
Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani
Journal of Criminal Law and Criminology
No abstract provided.
Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin
Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin
Journal of Criminal Law and Criminology
No abstract provided.
Forgiveness In Criminal Procedure, Stephanos Bibas
Forgiveness In Criminal Procedure, Stephanos Bibas
All Faculty Scholarship
Though forgiveness and mercy matter greatly in social life, they play fairly small roles in criminal procedure. Criminal procedure is dominated by the state, whose interests in deterring, incapacitating, and inflicting retribution leave little room for mercy. An alternative system, however, would focus more on the needs of human participants. Victim-offender mediation, sentencing discounts, and other mechanisms could encourage offenders to express remorse, victims to forgive, and communities to reintegrate and employ offenders. All of these actors could then better heal, reconcile, and get on with their lives. Forgiveness and mercy are not panaceas: not all offenders and victims would …
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis
Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis
Publications and Research
No abstract provided.
Symposium: Technical Change And The Evolution Of Criminal Law: Foreword
Symposium: Technical Change And The Evolution Of Criminal Law: Foreword
Journal of Criminal Law and Criminology
No abstract provided.
At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner
At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner
Journal of Criminal Law and Criminology
No abstract provided.
Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney
Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski
Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski
Journal of Criminal Law and Criminology
No abstract provided.
Virtual Neighborhood Watch: Open Source Software And Community Policing Against Cybercrime , Benjamin R. Jones
Virtual Neighborhood Watch: Open Source Software And Community Policing Against Cybercrime , Benjamin R. Jones
Journal of Criminal Law and Criminology
No abstract provided.
Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll
Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll
Journal of Criminal Law and Criminology
No abstract provided.
Using Groups Statistics To Sentence Individual Criminals: An Ethical And Statistical Critique Of The Virginia Risk Assessment Program , Brian Netter
Using Groups Statistics To Sentence Individual Criminals: An Ethical And Statistical Critique Of The Virginia Risk Assessment Program , Brian Netter
Journal of Criminal Law and Criminology
No abstract provided.
Challenge Of White Collar Sentencing, The , Ellen S. Podgor
Challenge Of White Collar Sentencing, The , Ellen S. Podgor
Journal of Criminal Law and Criminology
No abstract provided.
Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger
Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger
Journal of Criminal Law and Criminology
No abstract provided.
Attitudes Of Police Executives Toward Miranda And Interrogation Policies, The , Marvin Zalman, Brad W. Smith
Attitudes Of Police Executives Toward Miranda And Interrogation Policies, The , Marvin Zalman, Brad W. Smith
Journal of Criminal Law and Criminology
No abstract provided.