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Can Criminal Law Be Controlled?, Darryl K. Brown 2010 University of Virginia Law School

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 ...


Why Care About Mass Incarceration?, James Forman Jr. 2010 Georgetown University Law Center

Why Care About Mass Incarceration?, James Forman Jr.

Michigan Law Review

Advocates for less punitive crime policies in the United States face long and dispiriting odds. The difficulty of the challenge becomes clear if we compare our criminal justice outcomes with those of other nations: We lock up more people, and for longer, than anyone else in the world. We continue to use the death penalty long after Europe abandoned it, we are the only country in the world to lock up juveniles for life, and we have prisoners serving fifty-year sentences for stealing videotapes from Kmart. Our courts offer little relief: the German Constitutional Court prohibits a sentence of life ...


Selling Confession: Setting The Stage With The "Sympathetic Detective With A Time-Limited Offer", Richard Leo, Deborah Davis, William C. Follette 2010 University of San Francisco

Selling Confession: Setting The Stage With The "Sympathetic Detective With A Time-Limited Offer", Richard Leo, Deborah Davis, William C. Follette

Richard A. Leo

The effectiveness of an interrogation tactic dubbed the “sympathetic detective with a time limited offer” was tested. Participants read two versions of an interrogation transcript, with and without the tactic. Those who read the sympathetic detective version believed the detective had greater authority to determine whether and with what to charge the suspect, more beneficent intentions toward the suspect, and viewed confession as more wise. However, regression analyses indicated that for innocent suspects, only perceptions of the strength of evidence against the suspect and the detective’s beneficence and authority predicted the perceived wisdom of false confession. Interrogation tactics were ...


Exempting Police From 18 U.S.C. § 924(C) , Noah A. Kuschel 2010 College of William & Mary Law School

Exempting Police From 18 U.S.C. § 924(C) , Noah A. Kuschel

William & Mary Law Review

No abstract provided.


Statewide Capital Punishment: The Case For Eliminating Counties' Role In The Death Penalty, Adam M. Gershowitz 2010 Vanderbilt University Law School

Statewide Capital Punishment: The Case For Eliminating Counties' Role In The Death Penalty, Adam M. Gershowitz

Vanderbilt Law Review

The State of Texas is known as the capital of capital punishment.' But is that reputation deserved? In a way, yes. Texas sends more people to death row than any other state, and it executes them far faster. However, in another way, it is incorrect to suggest that "the State" of Texas is a prolific user of capital punishment. Death penalty cases are prosecuted by counties, not the state, and a majority of Texas's counties have never imposed the death penalty. In fact, only a handful of Texas's 254 counties regularly seek the death penalty. Many other states ...


Deal Or No Deal? Remedying Ineffective Assistance Of Counsel During Plea Bargaining, David A. Perez 2010 Yale Law School

Deal Or No Deal? Remedying Ineffective Assistance Of Counsel During Plea Bargaining, David A. Perez

Student Scholarship Papers

Does a defendant suffer a remedial prejudice if, as a result of ineffective assistance of counsel during plea-bargaining, s/he rejects a favorable plea offer but subsequently receives a fair trial? Courts on both the federal and state levels remain bitterly divided over this question. Although there is no clear answer, courts have generally taken one of three approaches. The first two options – ordering a new trial or reinstating the original plea offer – are remedial, and assume that the defendant suffers prejudice. The third option finds that the defendant suffered no prejudice because s/he ultimately received a fair trial ...


A Critical Analysis Of The Theoretical And Empirical Literature Comparing The Effects Of Traditional Versus Community Policing On Quality Of Life And Associated Quality Of Life Issues, Rodney Polite 2010 Lynn University

A Critical Analysis Of The Theoretical And Empirical Literature Comparing The Effects Of Traditional Versus Community Policing On Quality Of Life And Associated Quality Of Life Issues, Rodney Polite

Student Theses, Dissertations, Portfolios and Projects

There are two major issues that will be addressed in this study to determine if they influence the selection of an appropriate policing strategy. The first is citizen perception of whether crime has decreased or increased in their community. The second is whether the length of time a citizen has lived in the community has an effect on their perception of crime and their attitude towards a specific policing strategy.

Historically, each policing strategy, although at times labeled differently (professional policing, team policing, neighborhood policing, zero-tolerance policing), has evolved and adapted based on various dynamics within police organizations and the ...


The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher 2010 University of Richmond

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Journal of Law and the Public Interest

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the ...


Ua12/8 Wku Police - Annual Security Report, WKU Police 2010 Western Kentucky University

Ua12/8 Wku Police - Annual Security Report, Wku Police

WKU Archives Records

This report is designed to provide students, potential students, parents, facility and staff with crime statistics and information on university services and crime prevention programs. These programs are designed to help inform our campus communities about safety practices that will help you reduce the risk of being a crime victim. I feel hat these lessons can give people information that they can carry with them beyond college and will help keep them safe for the rest of their lives.


The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez 2010 The University of Michigan Law School

The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez

Héctor Zayas Gutiérrez

The purposes of this presentation are to (1) elucidate main principles of the Criminal Law of the Enemy Theory, (2) explain how the criminal law of the enemy has been adopted and expanded in the US legal system, and (3) give a quick glimpse to some comparative law examples on the Criminal Law of the Enemy Theory applications. Criminal Law of the Enemy, Enemy Criminal Law, Derecho Penal del Enemigo.


Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan 2010 Faculty of Law, University of Haifa

Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan

Oren Gazal-Ayal

Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias ...


Aproximación A La Implementación De Los Programas De Clemencia Como Instrumentos Del Derecho De La Competencia (Approach To The Implementation Of Leniency Programs As Competition Law Instruments), Jesús A. Soto 2010 Universidad Externado de Colombia

Aproximación A La Implementación De Los Programas De Clemencia Como Instrumentos Del Derecho De La Competencia (Approach To The Implementation Of Leniency Programs As Competition Law Instruments), Jesús A. Soto

Jesús Alfonso Soto Pineda

En el presente escrito se expone como una realidad del mercado, la presencia de acuerdos restrictivos de la libre competencia. Se presentan las políticas de clemencia como instrumento efectivo del Derecho en el combate contra el Cartel y las prácticas colusorias. Se realiza un análisis comparativo de una elección de territorios que han implementado los programas de clemencia y se estructuran los inconvenientes que comúnmente afectan dicho sistema, así como los paliativos escogidos que han generado un mayor nivel de eficacia en el mismo. Los aprendizajes logrados en torno a la implementación de programas de clemencia en pasos ya recorridos ...


Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume 2010 Columbia Law School at Catholic University

Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume

Don R Berthiaume

How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed ...


The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson 2010 University of Pennsylvania

The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson

Faculty Scholarship at Penn Law

This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.


The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher 2010 University of Richmond

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Public Interest Law Review

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the ...


Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado 2010 Seattle University

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

Washington University Law Review

Through the style of a fictional narrative, this paper demonstrates how colonialism is starting to supplant race as an organizing principle, enabling whites to maintain control in the face of demographic change. The paper argues that qualitative concerns, as well as numbers and statistics, supported this thesis and that California was beginning to take on the ―feel of a neocolonial society. The argument, on the basis of several kinds of evidence, is that seeing California in those terms better explain events than does race and racial competition. The paper presentts an argument for a gestalt shift and posits that doing ...


Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello

Nevada Law Journal

The central thesis of this essay is that, consistent with the “art of overruling,” the Court could have limited Mapp, for example, by extending the good-faith reasonable mistake rationale that animates cases like United States v. Leon. As developed below, the facts of Herring are quite similar to the facts of other cases where the Court upheld police conduct that, although erroneous, seemed reasonable; accordingly, excluding the illegally obtained evidence had no value as a deterrent of future conduct in light of the reasonableness of the police officer's mistake. However, Herring goes much further and points towards a much ...


Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson 2010 University of Kentucky College of Law

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number ...


The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert 2010 University of Richmond School of Law

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.


The Overlooked Significance Of Arizona's New Immigration Law, Rick Su 2010 State University of New York at Buffalo Law School

The Overlooked Significance Of Arizona's New Immigration Law, Rick Su

Michigan Law Review First Impressions

Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the Department of Homeland Security. Rather, it has been the result of legislative action taken in one state-Arizona. Arizona's move to regulate immigration has predictably raised questions about the proper role of a state with respect to an area dominated by federal legislation. Yet the discussion ...


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