Jurisprudence Commons^™

30 = 20: ‘Understanding’ Maximum Sentence Enhancements, Frank R. Herrmann S.J.

Frank R. Herrmann, S.J.

In this article, Professor Herrmann argues that the due process protections of a criminal trial should apply to aggravating factors that under current “maximum-enhancing statutes” allow judges to impose lengthier punishments in the sentencing phase. Part I considers the Supreme Court's rationale for refusing to apply full due process safeguards to all types of sentencing schemes. This background will reveal the unique quality of maximum-enhancing statutes and establish why the due process protections of a criminal trial should apply to sentencing under maximum-enhancing statutes. Part I, therefore, undertakes to explain courts' rationales to deny criminal defendants full criminal due process …

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert M. Bloom

A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court cases and …

Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris

Angela P Harris

No abstract provided.

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Richard Daniel Klein

No abstract provided.

Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray

David C. Gray

How central should hedonic adaptation be to the establishment of sentencing policy? In earlier work, Professors Bronsteen, Buccafusco, and Masur (BBM) drew some normative significance from the psychological studies of adaptability for punishment policy. In particular, they argued that retributivists and utilitarians alike are obliged on pain of inconsistency to take account of the fact that most prisoners, most of the time, adapt to imprisonment in fairly short order, and therefore suffer much less than most of us would expect. They also argued that ex-prisoners don't adapt well upon re-entry to society and that social planners should consider their post-release …

Retributivism For Progressives: A Response To Professor Flanders, David C. Gray, Jonathan Huber

David C. Gray

In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders engages two claims he ascribes to James Q. Whitman: 1) that American criminal justice is too "harsh," and 2) that Americans’ reliance on retributivist theories of criminal punishment is implicated in that harshness. In this invited response, to which Flanders subsequently replied, we first ask what "harsh" might mean in the context of a critique of criminal justice and punishment. We conclude that the most likely candidate is something along the lines of "disproportionate or otherwise unjustified." With this working definition in hand, we measure …

Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg

Linnéa Wegerstad

No abstract provided.

Nordisk Workshop I Straffrätt, Helsingfors 2011, Linnéa Wegerstad

Linnéa Wegerstad

Sexualbrottens sexualitet: Hur konstrueras ett ofredande?

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun

Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg

Niklas Selberg

No abstract provided.

La Jurisprudencia Del Tjue Sobre El Reconocimiento Del Nombre En El Espacio Europeo. Notas Sobre La Construcción De Un Estatuto Personal Común Como Ciudadanos Europeos Y Su Impacto En El Derecho Internacional Privado De Los Estados, Germán M. Teruel Lozano

Germán M. Teruel Lozano

This study focuses on the analysis of the Court of Justice of the European Union’s case law related to the recognition of European citizens’ name. This case law begins with a decision in 1993, in the case Konstantinidis; follows by the case García Avello (2003); and which has been recently developed, opening new lines of study, in the case Grunkin-Paul (2008), Sayn Wittgestein (2010) and Malgožata Runevič Vardyn y Łukasz Wardyn (2011). The Court of Justice has faced the obstacles to Community freedoms given by the non-recognition by States of the citizens’ name, when it had validly granted by another …