Criminal Procedure Commons^™

When The Rule Swallows The Exception, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West

Faculty Scholarship

In Capital Appeals Revisited and The Meaning of Capital Appeals, Barry Latzer and James N.G. Cauthen argue that a study of capital appeals should focus only on overturned findings of guilt, and complain that in A Broken System we examine all overturned capital verdicts. But the question they want studied cannot provide an accurate evaluation of a system of capital punishment. By proposing to count only "conviction" error and not "sentence" error, Latzer and Cauthen ignore that if a death sentence is overturned, the case is no longer capital and the system of capital punishment has failed to achieve its …

Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …

A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West

Faculty Scholarship

There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.

Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic …

Crazy Reasons, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Self-Defense As A Rational Excuse, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …

The Great Repression: Criminal Punishment In The Nineteen-Eighties, Michael Mandel

Articles & Book Chapters

No abstract provided.

Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.

Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy

Articles by Maurer Faculty

No abstract provided.

Unpleasant Facts: The Supreme Court's Response To Empirical Research On Capital Punishment, Phoebe C. Ellsworth

Book Chapters

Slowly at first, and then with accelerating frequency, the courts have begun to examine, consider, and sometimes even require empirical data. From 1960 to 1981, for example, use of the terms "statistics" and "statistical" in Federal District and Circuit Court opinions increased by almost 15 times.1 Of course, citation rates indicate only that a topic is considered worthy of mention, not that it is taken seriously, or even understood. Nonetheless, in a number of areas, such as jury composition and employment discrimination, the courts have come to rely on empirical data as a matter of course.

In the last 25 …

Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson

All Faculty Scholarship

Most criminal codes, and most criminal law courses, begin with the 'familiar litany' of the purposes of criminal law sanctions - just punishment, deterrence, incapacitation of the dangerous, and rehabilitation. We train and direct our lawyers, judges, and legislators to use these purposes as guiding principles for the distribution of criminal sanctions. The purposes are thus to guide both the drafting and interpretation of criminal statutes and the imposition of criminal sentences in individual cases. The purposes frequently conflict, however, as part I will demonstrate. Conflicts arise because each purpose requires consideration of different criteria; in some cases, a particular …

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel

Articles by Maurer Faculty

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, …

Punishment, Kent Greenawalt

Faculty Scholarship

Although punishment has been a crucial feature of every legal system, widespread disagreement exists over the moral principles that can justify its imposition. One fundamental question is why (and whether) the social institution of punishment is warranted. A second question concerns the necessary conditions for punishment in particular cases. A third relates to the degree of severity that is appropriate for particular offenses and offenders. Debates about punishment are important in their own right, but they also raise more general problems about the proper standards for evaluating social practices.

The main part of this theoretical overview of the subject of …

Legal Aspects Of Prison Riots, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement."When such a bomb detonates and a prison riot erupts, a …

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.

Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Twilight Of Welfare Criminology, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher

Articles by Maurer Faculty

No abstract provided.

Kentucky Parole Officers: An Inquiry Into The Effect Of Residential Background On Their Works Styles, Virginia Cleveland

Masters Theses & Specialist Projects

Using the population of Kentucky state parole officers as the focus of this thesis, work styles were studied. The work styles of twenty-eight rural parole officers were compared with the work styles of twenty-two urban officers. The Fisher Exact Statistical Test was used to test differences between these groups. Rural officers were significantly more likely than urban officers to go out of their offices to meet with their parolees. Urban officers had had a significantly greater number of parolees waiting in their offices at one time, than the rural officers had. The length of the average meeting did not differ …

Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe

Articles by Maurer Faculty

No abstract provided.