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Criminal Law Commons

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Articles 1 - 10 of 10

Full-Text Articles in Criminal Law

Inherent (Gender) Unreasonableness Of The Concept Of Reasonableness In The Context Of Manslaughter Committed In The Heat Of Passion, Antonia Elise Miller Nov 2010

Inherent (Gender) Unreasonableness Of The Concept Of Reasonableness In The Context Of Manslaughter Committed In The Heat Of Passion, Antonia Elise Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele Nov 2010

Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele

William & Mary Law Review

Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than one of every one hundred Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult …


A Distributive Theory Of Criminal Law, Aya Gruber Oct 2010

A Distributive Theory Of Criminal Law, Aya Gruber

William & Mary Law Review

In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment―retributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …


Protecting Victims From Themselves, But Not Necessarily From Abusers: Issuing A No-Contact Order Over The Objection Of The Victim-Spouse, Robert F. Friedman Oct 2010

Protecting Victims From Themselves, But Not Necessarily From Abusers: Issuing A No-Contact Order Over The Objection Of The Victim-Spouse, Robert F. Friedman

William & Mary Bill of Rights Journal

No abstract provided.


Section 5: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 5: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Fact-Finding Without Facts, Nancy Amoury Combs Aug 2010

Fact-Finding Without Facts, Nancy Amoury Combs

Popular Media

No abstract provided.


Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye Apr 2010

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye

Faculty Publications

No abstract provided.


Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz Mar 2010

Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Exempting Police From 18 U.S.C. § 924(C) , Noah A. Kuschel Mar 2010

Exempting Police From 18 U.S.C. § 924(C) , Noah A. Kuschel

William & Mary Law Review

No abstract provided.


Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl Feb 2010

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.