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Sb 407 - Sentencing And Punishment, Abigail L. Howd, Alisa M. Radut Dec 2018

Sb 407 - Sentencing And Punishment, Abigail L. Howd, Alisa M. Radut

Georgia State University Law Review

The Act provides comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system. The Act requires all superior court clerks to provide an electronic filing option, and it requires juvenile court clerks to collect and report certain data about juvenile offenders to the Juvenile Data Exchange. In addition, the Act creates the Criminal Justice Coordinating Council and the Criminal Case Data Exchange Board. The Act also changes the grounds for granting and revoking professional licenses and drivers’ licenses to offenders and modifies the provisions relating to issuing citations and setting bail. Inmates of any public institution may ...


Deterrence, David Crump Jan 2018

Deterrence, David Crump

St. Mary's Law Journal

Abstract forthcoming


African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle Sep 2017

African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle

Department of Justice Studies Faculty Scholarship and Creative Works

Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently anachronistic in their conclusions on punishment, thus leaving significant gaps to be filled. One such gap is that of racialized history. This article attempts to make sense of punishment discourses (past and present) by situating them in their proper context. We argue that punishment, in particular for Blacks, is ideological and longstanding. Moreover, we posit that the prolonged punishment of Blacks is hyper manifested in contemporary society via neoliberal logic that has increasingly disabled race as a ...


“Criminal Records” - A Comparative Approach, Sigmund A. Cohn Jun 2016

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess Jan 2015

Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess

Washington University Jurisprudence Review

No abstract provided.


The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson Jan 2015

The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson

Faculty Scholarship at Penn Law

This brief essay summarizes the virtues of the modern American codification movement of the 1960s and 70s, putting it in a larger global context, then describes how these once-enviable codes have been systematically degraded with thoughtless amendments, a process of degradation that is accelerating each year. After exploring the political dynamics that promote such degradation, the essay suggests the principles and procedures for fixing the current codes and, more importantly, structural changes to the process that could avoid the restart of degradation in the future.


Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein May 2014

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.


Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson Mar 2011

Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson

Faculty Scholarship at Penn Law

In this essay, Professor Robinson supports the current Israeli proposal for structuring judicial discretion in sentencing, in particular its reliance upon desert as the guiding principle for the distribution of punishment, its reliance upon benchmarks, or “starting-points,” to be adjusted in individual cases by reference to articulated mitigating and aggravating circumstances, and the proposal’s suggestion to use of an expert committee to draft the original guidelines.


Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan Sep 2010

Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan

Faculty Scholarship at Penn Law

Are minorities treated differently by the legal system? Systematic racial differences in case characteristics, many unobservable, make this a difficult question to answer directly. In this paper, we estimate whether judges differ from each other in how they sentence minorities, avoiding potential bias from unobservable case characteristics by exploiting the random assignment of cases to judges. We measure the between-judge variation in the difference in incarceration rates and sentence lengths between African-American and White defendants. We perform a Monte Carlo simulation in order to explicitly construct the appropriate counterfactual, where race does not influence judicial sentencing. In our data set ...


Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan Oct 1997

Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan

Michigan Law Review

It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one ...


Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss Jan 1993

Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss

Scholarly Works

Between early 1991, when Judge Fortunato Benavides was appointed to replace Judge Marvin O. Teague, and July 1, 1992, the Texas Court of Criminal Appeals decided 251 cases where the ultimate question at stake was whether or not an accused individual would receive punishment for his or her alleged wrongdoing. While the sitting judges unanimously decided roughly one-half of these cases, 133 cases resulted in one or more dissenting votes. Furthermore, a margin of two votes or less decided thirty-five cases.

The purpose of this Article is to analyze and, if possible, explain the voting behavior of the members of ...