Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law and Race
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Michigan Law Review
A review of James Forman Jr., Locking Up Our Own: Crime and Punishment in Black America.
Bail Nullification, Jocelyn Simonson
Bail Nullification, Jocelyn Simonson
Michigan Law Review
This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge’s determination that a certain amount of the defendant’s personal or family money was necessary to ensure public safety and prevent flight. This growing practice—what this Article calls “bail nullification”—is powerful because it exposes publicly what many within the system already know to be true: that although bail …
Can Criminal Law Be Controlled?, Darryl K. Brown
Can Criminal Law Be Controlled?, Darryl K. Brown
Michigan Law Review
It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct …
Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis
Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis
Michigan Law Review
A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
Michigan Law Review
A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust