Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal procedure (13)
- Criminal law (10)
- Criminal justice reform (9)
- Criminal justice (7)
- Sentencing (7)
-
- Mass incarceration (6)
- Race (6)
- Policing (4)
- Prisons (4)
- Theories of punishment (4)
- United States Supreme Court (4)
- Collateral consequences (3)
- Constitutional law (3)
- Criminal justice system (3)
- Judges (3)
- Plea bargaining (3)
- Police brutality (3)
- Prosecutors (3)
- Abolition (2)
- American criminal justice system (2)
- Black Lives Matter (2)
- COVID-19 (2)
- Carceral state (2)
- Colorado Constitution (2)
- Comparative law (2)
- Confessions (2)
- Convict leasing (2)
- Criminology (2)
- Domestic violence (2)
- Due process (2)
- Publication Year
- Publication Type
Articles 1 - 30 of 31
Full-Text Articles in Criminal Procedure
When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber
When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber
Publications
10th Annual David H. Bodiker Lecture on Criminal Justice delivered on Wed., Oct. 21, 2020 at Ohio State University Moritz College of Law.
The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber
The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber
Publications
No abstract provided.
Policing And "Bluelining", Aya Gruber
Policing And "Bluelining", Aya Gruber
Publications
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals that it was never mainly about …
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Publications
Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …
Criminal Law In Crisis, Benjamin Levin
Criminal Law In Crisis, Benjamin Levin
University of Colorado Law Review Forum
In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …
The Failure Of The Criminal Procedure Revolution, William T. Pizzi
The Failure Of The Criminal Procedure Revolution, William T. Pizzi
Publications
No abstract provided.
What's Wrong With Police Unions?, Benjamin Levin
What's Wrong With Police Unions?, Benjamin Levin
Publications
In an era of declining labor power, police unions stand as a rare success story for worker organizing—they exert political clout and negotiate favorable terms for their members. Yet, despite broad support for unionization on the political left, police unions have become public enemy number one for academics and activists concerned about race and police violence. Much criticism of police unions focuses on their obstructionist nature and how they prioritize the interests of their members over the interests of the communities they police. These critiques are compelling—police unions shield officers and block oversight. But, taken seriously, they often sound like …
De-Democratizing Criminal Law, Benjamin Levin
Mens Rea Reform And Its Discontents, Benjamin Levin
Mens Rea Reform And Its Discontents, Benjamin Levin
Publications
This Article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …
The Left's Law-And-Order Agenda, Aya Gruber
Rethinking The Boundaries Of "Criminal Justice", Benjamin Levin
Rethinking The Boundaries Of "Criminal Justice", Benjamin Levin
Publications
This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique.
Specifically, I trace two themes in the book:
(1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and
(2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement.
I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding …
Criminal Employment Law, Benjamin Levin
Criminal Employment Law, Benjamin Levin
Publications
This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Publications
It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.
The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …
Firearms In The Family, Carolyn B. Ramsey
Firearms In The Family, Carolyn B. Ramsey
Publications
This Article considers firearms prohibitions for domestic violence offenders, in light of recent Supreme Court decisions and the larger, national debate about gun control. Unlike other scholarship in the area, it confronts the costs of ratcheting up the scope and enforcement of such firearms bans and argues that the politicization of safety has come at the expense of a sound approach to gun control in the context of intimate-partner abuse. In doing so, it expands scholarly arguments against mandatory, one-size-fits-all criminal justice responses to domestic violence in a direction that other critics have been reluctant to go, perhaps because of …
Values And Assumptions In Criminal Adjudication, Benjamin Levin
Values And Assumptions In Criminal Adjudication, Benjamin Levin
Publications
This Response to Andrew Manuel Crespo's Systemic Facts: Toward Institutional Awareness in Criminal Courts proceeds in two Parts. In Part I, I argue that Crespo presents a compelling case for the importance of systemic factfinding to the task of criminal court judges. If, as a range of scholars has argued, criminal courts are increasingly serving a quasi-administrative function, then shouldn’t they at least be administrating accurately? Systemic Facts provides a novel account of how — with comparatively little institutional reform — courts might begin to serve as more effective administrators. However, in Part II, I also argue that Crespo’s account …
Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin
Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin
Publications
In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Publications
For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person's Afro-centric features. Section I of the article describes a line of social science research that shows that a person's Afro-centric features have a strong biasing effect on judgment such …
A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss
A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss
Publications
No abstract provided.
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Publications
No abstract provided.
Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi
Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi
Publications
No abstract provided.
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Publications
No abstract provided.
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
Publications
No abstract provided.
Watts: The Decline Of The Jury, William T. Pizzi
Fact-Bargaining: An American Phenomenon, William T. Pizzi
Fact-Bargaining: An American Phenomenon, William T. Pizzi
Publications
No abstract provided.
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
Publications
No abstract provided.
The Consent Exception To The Warrant Requirement, H. Patrick Furman
The Consent Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Some Worries About Sentencing Guidelines, William T. Pizzi
Some Worries About Sentencing Guidelines, William T. Pizzi
Publications
No abstract provided.
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Publications
No abstract provided.
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.