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Full-Text Articles in Criminal Procedure
Forensic Science, Wrongful Convictions, And American Prosecutor Discretion, Dennis J. Stevens
Forensic Science, Wrongful Convictions, And American Prosecutor Discretion, Dennis J. Stevens
Criminal Justice Faculty Publications
A hot controversy exists about the reliability of forensic science as reported by prime-time drama television series in bringing violent criminals to justice. This exploratory research will show that neither forensics or its fictionalised (CSI Effect) accounts, nor substantial evidence secured by police investigators, shape prosecutor decisions to charge a suspect with a crime, which can often result in freeing guilty suspects and convicting innocent individuals. In the summer of 2006, 444 American prosecutors responded to a survey. The findings reveal that judges, juries, and defence lawyers are influenced more by prime-time American drama forensic accounts than by the substantial …
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
All Faculty Scholarship
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
All Faculty Scholarship
What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the …