Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 31 - 34 of 34
Full-Text Articles in Criminal Law
Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink
Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink
ExpressO
This essay critically examines the national trend to get tough on juvenile crime by making it easier to transfer juvenile offenders to adult criminal court. It assesses this trend in light of different rationales for punishment, arguing that immaturity provides retributive, deterrent, and corrective reasons to punish juvenile crime differently than otherwise similar adult crime. Insofar as retributive concepts determine whom to punish and how much to punish, it is especially important that immaturity involves diminished normative competence and, hence, diminished responsibility. In defending a traditional approach to juvenile criminal justice against the reforms embodied in the transfer trend, the …
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
ExpressO
Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen
ExpressO
No abstract provided.
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
ExpressO
This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …