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Criminal Procedure

Maurer School of Law: Indiana University

Articles by Maurer Faculty

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Full-Text Articles in Law and Society

Harm, Sex, And Consequences, India Thusi Jan 2019

Harm, Sex, And Consequences, India Thusi

Articles by Maurer Faculty

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …


Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall Jan 1936

Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Law Of Arrest In Relation To Contemporary Social Problems, Jerome Hall Jan 1936

The Law Of Arrest In Relation To Contemporary Social Problems, Jerome Hall

Articles by Maurer Faculty

No abstract provided.