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19,936 full-text articles. Page 6 of 329.

Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin 2018 Brooklyn Law School

Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin

Cleveland State Law Review

The currently predominant view of public requitals for criminal behavior draws on the deontic guidance provided rather sketchily by Kant’s writings. He offers a broad, formal framework for the mandate to respect others and punish those who criminally violate the mandate. As ethical beings, people have the duty to avoid invading the "autonomy space" of others that is delineated by maxims designed to reasonably and fairly balance everyone’s equal liberty and security interests. Once society settles on a complete and coherent set of maxims that determines the reach of one’s autonomy space, it must then turn to ...


Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin 2018 William & Mary Law School

Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin

Michigan Law Review

A review of John F. Pfaff, Locked In: The True Causes of Mass Incarceration - And How to Achieve Real Reform.


All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes 2018 DePaul University College of Law

All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes

Michigan Law Review

A review of Carol S. Steiker and Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment.


Insider Trading Law And The Ambiguous Quest For Edge, A. C. Pritchard 2018 University of Michigan Law School

Insider Trading Law And The Ambiguous Quest For Edge, A. C. Pritchard

Michigan Law Review

A review of Sheelah Kolhatkar, Black Edge.


Cold Careers And Occupational Hazards: The Occupational Preferences Of Canadian Serial Killers, Christina E. Ledezma 2018 Grand Valley State University

Cold Careers And Occupational Hazards: The Occupational Preferences Of Canadian Serial Killers, Christina E. Ledezma

Masters Theses

Serial killing is a dark and complex phenomenon. As researchers have begun to recognize that serial killing exists and interacts within a broad modern context, how these factors affect its occurrence has received more attention. This includes serial killers’ occupational preferences and the influence that occupations have on their offending. However, studies on serial killers’ occupational preferences have been limited to the United States and the United Kingdom. This thesis sought to classify the occupational preferences of 36 Canadian serial killers and subsequently analyze how these occupations may have influenced their offending, both instrumentally and psychologically. According to Canada’s ...


The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich 2018 Cleveland-Marshall College of Law, Cleveland State University

The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich

Law Faculty Articles and Essays

This article seeks to resolve a longstanding conceptual puzzle plaguing the "heat of passion" doctrine--how courts should determine which features, beliefs, or characteristics of a defendant are properly relevant to assessing whether the defendant was sufficiently provoked, and which of those features should be disregarded. This article argues that provocation is not adequate if the reason the defendant became extremely angry is due to some blameworthy belief or attribute of the defendant. A belief is blameworthy if it contradicts the fundamental values of the political community. The blameworthiness principle distinguishes those aspects of the defendant that cannot form a basis ...


Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin 2018 William & Mary Law School

Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin

Faculty Publications

No abstract provided.


Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer 2018 Northwestern University Pritzker School of Law

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.


The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen 2018 University of Helsinki

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal on Sexual Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.


An Empirical Study Of Rule 609 And Suggestions For Practical Reform, Ric Simmons 2018 The Ohio State University Moritz College of Law

An Empirical Study Of Rule 609 And Suggestions For Practical Reform, Ric Simmons

Boston College Law Review

Rule 609 of the Federal Rules of Evidence allows a party to impeach a witness with his or her prior criminal convictions. It is fair to say that this rule is the most criticized of all the Rules of Evidence; scholars have been calling for its reform or outright abolition for decades. These critics argue that the rule relies on propensity evidence, which has very little probative value in evaluating a witness’s truthfulness on the stand, and that—especially when used to impeach a criminal defendant—the evidence carries a high risk of unfair prejudice and often prevents defendants ...


Doctrine On The Run: The Deepening Circuit Split Concerning Application Of The Fugitive Disentitlement Doctrine To Foreign Nationals, Chloe S. Booth 2018 Boston College Law School

Doctrine On The Run: The Deepening Circuit Split Concerning Application Of The Fugitive Disentitlement Doctrine To Foreign Nationals, Chloe S. Booth

Boston College Law Review

The circuits are currently split on applying the fugitive disentitlement doctrine to a defendant who is a foreign national who resides outside of the United States and is being prosecuted in the United States for conduct that occurred elsewhere. The doctrine provides that a fugitive is prohibited from seeking relief from the justice system whose jurisdiction and authority they evade. Appropriate application of the doctrine is particularly important to foreign defendants as it affects their ability to travel outside of their home country, maintain employment, and protect their personal reputation. This Note discusses the evolution of the fugitive disentitlement doctrine ...


Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa 2018 Concordia Univeristy School of Law

Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa

Ryan B. Stoa

Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the "Regulate Marijuana Like Alcohol Act." For political and public health reasons the analogy makes sense, but it also reveals a regulatory blind spot. States may be using alcohol as a model for regulating the distribution, retail, and consumption of marijuana, but marijuana is much more ...


Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa 2018 Concordia Univeristy School of Law

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa

Ryan B. Stoa

The United States and Canada may be friends and allies, but the two countries' approaches to the regulation of marijuana agriculture have not evolved in tandem. On the contrary, their respective paths toward legalization and regulation of marijuana agriculture are remarkably divergent. In the United States, where marijuana remains a federally prohibited and tightly-controlled substance, legalization and regulation have remained the province of state legislatures and their administrative agencies for decades. In Canada, a succession of court cases paving the way toward medicinal marijuana use has prompted the federal government to develop a national framework committed to "legalize, regulate, and ...


Testimonial Statements, Reliability, And The Sole Or Decisive Evidence Rule: A Comparative Look At The Right Of Confrontation In The United States, Canada, And Europe, Deborah Paruch 2018 The Catholic University of America, Columbus School of Law

Testimonial Statements, Reliability, And The Sole Or Decisive Evidence Rule: A Comparative Look At The Right Of Confrontation In The United States, Canada, And Europe, Deborah Paruch

Catholic University Law Review

Criminal trials in the United States are meant to ascertain the truth. But other societal values, such as fairness to the parties and public confidence in the integrity of the process, are at stake as well. Among the cornerstone rights to protect a defendant’s right to a fair trial is the right to confrontation. The right to confrontation enables a criminal defendant to exclude hearsay evidence from a trial when the defendant did not have an opportunity to cross-examine the witness. This right has undergone substantial changes and revisions over the last decade, both in the United States and ...


If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch 2018 Boston College Law School

If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch

Boston College Law Review

In United States v. Dahda, the U.S. Court of Appeals for the Tenth Circuit held that, under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (“Title III”), the lower court properly denied Dahda’s motion to suppress evidence gathered by law enforcement using a mobile interception device—a device that wiretaps cell phones. A key part of the decision focused on the definition of mobile interception devices. The Tenth Circuit defined them as devices used to intercept communications that are movable. The Seventh Circuit, in contrast, has defined mobile interception devices as devices used ...


62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon 2018 University of California, Irvine

62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

The current study tested the effects of two interview techniques on children's report productivity and accuracy following exposure to suggestion: implicit encouragement (backchanneling, use of children's names) and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). One hundred and forty-three, 3-8-year-old children participated in a classroom event. One week later, they took part in a highly suggestive conversation about the event and then a mock forensic interview in which the two techniques were experimentally manipulated. Greater use of implicit encouragement led to increases, with age, in ...


The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg 2018 College of William & Mary Law School

The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg

William & Mary Journal of Women and the Law

No abstract provided.


The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld 2018 College of William & Mary Law School

The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld

William & Mary Journal of Women and the Law

No abstract provided.


Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler 2018 College of William & Mary Law School

Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler

William & Mary Bill of Rights Journal

In 2016, Donald Trump ignited a political firestorm when he suggested that women should be punished for having abortions. Although he backtracked, Trump’s misstep launched a debate about whether women have been or should be punished for having abortions. At the same time, Trump’s comments revealed that punishing women has become far more than an abstraction. In 2016, Indiana resident Purvi Patel became just the most recent visible example when she was sentenced to twenty years for feticide and child neglect for inducing an abortion.

But in spite of the furor created by Trump’s comment and Patel ...


Self Incrimination And Cryptographic Keys, Gregory S. Sergienko 2018 Concordia University School of Law

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Greg Sergienko

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]


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