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Articles 1 - 8 of 8
Full-Text Articles in Rule of Law
Small Crimes, Big Injustices, Stephanos Bibas
Small Crimes, Big Injustices, Stephanos Bibas
Michigan Law Review
Review of Alexandra Natapoff's Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal.
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
Michigan Law Review
In a recent article in this law review, William J. Stuntz argues that criminal law in the United States suffers from a political pathology. The incentives of legislators are such that the notorious overcriminalization of American society is deep as well as broad. That is, not only are remote corners of life subject to criminal penalties - such things as tearing tags off mattresses and overworking animals - but now crimes are defined with the express design of easing the way to conviction. Is proof of a tangible harm an obstacle to using wire and mail fraud statutes to prosecute …
Rights And Wrongs, John C.P. Goldberg
Rights And Wrongs, John C.P. Goldberg
Michigan Law Review
If one were to ask an American lawyer or legal scholar for a definition of liberalism, her explanation would likely include mention of constitutional provisions such as the First and Fourth Amendments. This is because liberalism is today understood primarily as a theory of what government officials may not do to citizens. Its most immediate expression in law is thus taken to be those parts of the Bill of Rights that set limits on state action. This tendency to conceive of liberalism exclusively as a theory of rights against government is a twentieth century phenomenon. To be sure, liberalism has …
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Michigan Law Review
A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868
Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp
Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp
Michigan Journal of International Law
This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …
Just Punishment In An Imperfect World, Stephen J. Schulhofer
Just Punishment In An Imperfect World, Stephen J. Schulhofer
Michigan Law Review
A Review of Questioning Authority: Justice and Criminal Law by David L. Bazelon
Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson
Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson
All Faculty Scholarship
The judicial system now responds to criminal conduct in two rather divergent steps. A judge or jury first determines if a defendant should be held liable for a criminal offense. If so, then the judge or jury goes on to choose a penalty. Precise rules, designed to ensure fairness and predictability, govern the first stage, liability assignment. In the second stage, sentencing, however, judges and juries exercise broad discretion in meting out sanctions. In this Article, Professor Robinson argues that both liability assignment and sentencing are part of a single process of punishing criminal behavior and should be made more …