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Social and Behavioral Sciences Commons™
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- Administration of Criminal Justice (10)
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- Frye v. United States (293 F. 1013 (D.C. Cir. 1923)) (1)
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Articles 1 - 20 of 20
Full-Text Articles in Social and Behavioral Sciences
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
William & Mary Journal of Race, Gender, and Social Justice
The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.
The Power Of Prosecutors, Jeffrey Bellin
The Power Of Prosecutors, Jeffrey Bellin
Faculty Publications
One of the predominant themes in the criminal justice literature is that prosecutors dominate the justice system. Over seventy-five years ago, Attorney General Robert Jackson famously proclaimed that the “prosecutor has more control over life, liberty, and reputation than any other person in America.” In one of the most cited law review articles of all time, Bill Stuntz added that prosecutors—not legislators, judges, or police—“are the criminal justice system’s real lawmakers.” And an unchallenged modern consensus holds that prosecutors “rule the criminal justice system.”
This Article applies a critical lens to longstanding claims of prosecutorial preeminence. It reveals a curious …
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Waiting For Justice, Jeffrey Bellin
Waiting For Justice, Jeffrey Bellin
Popular Media
One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.
The Silence Penalty, Jeffrey Bellin
The Silence Penalty, Jeffrey Bellin
Faculty Publications
In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.
This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …
The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm
The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm
William & Mary Bill of Rights Journal
The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can be patched—the police will …
Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh
Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh
William & Mary Bill of Rights Journal
No abstract provided.
The Limits Of Prosecutorial Power, Jeffrey Bellin
Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak
Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz
Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz
Faculty Publications
This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …
An Ntsb For Capital Punishment, Adam M. Gershowitz
An Ntsb For Capital Punishment, Adam M. Gershowitz
Faculty Publications
When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
William & Mary Law Review
No abstract provided.
What Counts As Domestic Violence? A Conceptual Analysis, Michelle Madden Dempsey
What Counts As Domestic Violence? A Conceptual Analysis, Michelle Madden Dempsey
William & Mary Journal of Race, Gender, and Social Justice
This article analyzes the conceptual structure of domestic violence and critiques various influential accounts of domestic violence operating in the criminal justice system, legal and sociological academia, and the domestic violence advocacy community. Part I presents a preliminary philosophical analysis of domestic violence with the goal of furthering our understanding of the correct use of this concept. This analysis centers around three key elements of domestic violence: violence, domesticity, and structural inequality. Part II develops an explanatory model of domestic violence based upon these key elements. Part III examines and critiques four principal accounts of domestic violence, each of which …
A Strategy For Mercy, Robert L. Misner
A Strategy For Mercy, Robert L. Misner
William & Mary Law Review
No abstract provided.
The Dead End Of Deterrence, And Beyond, Kyron Huigens
The Dead End Of Deterrence, And Beyond, Kyron Huigens
William & Mary Law Review
No abstract provided.
A Constitutional Charge And A Comparative Vision To Substantially Expand And Subject Matter Specialize The Federal Judiciary: A Preliminary Blueprint For Remodeling Our National Houses Of Justice And Establishing A Separate System Of Federal Criminal Courts, Victor Williams
William & Mary Law Review
No abstract provided.
Admissibility Of Scientific Evidence - An Alternative To The Frye Rule, Andre A. Moenssens
Admissibility Of Scientific Evidence - An Alternative To The Frye Rule, Andre A. Moenssens
William & Mary Law Review
No abstract provided.
Silence As A Moral And Constitutional Right, R. Kent Greenawalt
Silence As A Moral And Constitutional Right, R. Kent Greenawalt
William & Mary Law Review
No abstract provided.
Andenaes And The Theory Of Deterence, Larry I. Palmer
Andenaes And The Theory Of Deterence, Larry I. Palmer
Faculty Publications
No abstract provided.
Criminology: The Treatment-Punishment Controversy, David J. Gray
Criminology: The Treatment-Punishment Controversy, David J. Gray
William & Mary Law Review
No abstract provided.