Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (292)
- Maurer School of Law: Indiana University (162)
- Yeshiva University, Cardozo School of Law (107)
- University of Richmond (102)
- Seattle University School of Law (85)
-
- Pepperdine University (65)
- University of Tennessee College of Law (61)
- William & Mary Law School (59)
- Washington and Lee University School of Law (58)
- Touro University Jacob D. Fuchsberg Law Center (52)
- UIC School of Law (50)
- University of Georgia School of Law (44)
- American University Washington College of Law (40)
- Vanderbilt University Law School (40)
- Georgetown University Law Center (38)
- Brigham Young University Law School (37)
- Fordham Law School (36)
- St. Mary's University (33)
- New York Law School (32)
- University of Maine School of Law (32)
- Notre Dame Law School (30)
- Pace University (29)
- Cleveland State University (27)
- Duke Law (26)
- Schulich School of Law, Dalhousie University (26)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (26)
- University of the District of Columbia School of Law (25)
- Columbia Law School (24)
- Northwestern Pritzker School of Law (24)
- University of Arkansas Little Rock (24)
- Keyword
-
- Courts (171)
- Sixth Amendment (88)
- Judges (87)
- Supreme Court (84)
- United States Supreme Court (81)
-
- Criminal justice (75)
- Federal courts (75)
- Juries (69)
- Sentencing (62)
- Criminal law (60)
- State courts (55)
- Trials (49)
- Police (46)
- International Criminal Court (44)
- Jury (44)
- Constitution (43)
- Law reform (43)
- Due process (41)
- Evidence (41)
- Criminal procedure (40)
- Justice (39)
- Habeas corpus (38)
- Capital punishment (37)
- Constitutional law (36)
- Court (36)
- Lawyers (35)
- Congress (34)
- Jurisprudence (34)
- Discrimination (33)
- Jurisdiction (31)
- Publication
-
- Faculty Scholarship (112)
- Indiana Law Journal (110)
- Articles (108)
- Michigan Law Review (102)
- Faculty Publications (79)
-
- University of Richmond Law Review (64)
- Tennessee Law Review (58)
- Pepperdine Law Review (55)
- Seattle University Law Review (54)
- University of Michigan Journal of Law Reform (50)
- Faculty Articles (45)
- Articles by Maurer Faculty (42)
- UIC Law Review (40)
- Touro Law Review (37)
- BYU Law Review (33)
- Scholarly Works (32)
- Maine Law Review (30)
- Cardozo Law Review (29)
- All Faculty Scholarship (26)
- Georgetown Law Faculty Publications and Other Works (26)
- Law Faculty Publications (26)
- Michigan Journal of International Law (26)
- Scholarly Articles (26)
- Journal Articles (22)
- Georgia Journal of International & Comparative Law (21)
- Jurnal Hukum & Pembangunan (21)
- Vanderbilt Law School Faculty Publications (19)
- West Virginia Law Review (19)
- Cardozo Journal of Conflict Resolution (18)
- Cleveland State Law Review (18)
- Publication Type
Articles 871 - 900 of 2536
Full-Text Articles in Entire DC Network
Resurrecting Miranda's Right To Counsel, David Rossman
Resurrecting Miranda's Right To Counsel, David Rossman
Faculty Scholarship
The regime created by Miranda v. Arizona is at this point in its history bankrupt both intellectually and in terms of practical effect. Justices who have joined the Court after Miranda have cut back its scope by stingy interpretations of the doctrine’s reach and effect. In practice, few suspects actually benefit from the way Miranda is now implemented in police stations and courtrooms. Given the failure of Miranda’s promise, can we envision an alternative? Here is one that may be politically palatable and doctrinally feasible, largely adopted from English practice:
1. Police would give the same Miranda warnings that they …
Jury Deliberation, Giuliana Pietrantoni
Jury Deliberation, Giuliana Pietrantoni
The Review: A Journal of Undergraduate Student Research
Juries are tasked with the duty of deliberating and applying the law to the case at hand. But it is unclear whether juries deliberate or deliberate well enough. Factors which may affect jury deliberation are the motivation of jurors, characteristics of jurors, emotions during and after trial, bargaining, charges, and dissenters. This paper argues that jurors do engage in rigorous dialogue which eventually results in compromises, although whether this creates an unjust verdict is unclear.
Supervised Release Sentences Of Child Pornography Offenders In U.S. District Courts: An Examination Of Disparity, Niquita Marie Loftis
Supervised Release Sentences Of Child Pornography Offenders In U.S. District Courts: An Examination Of Disparity, Niquita Marie Loftis
Dissertations
The statutory supervised release sentencing range for child pornography offenders convicted in U.S. District Courts is five years to life. However, the guideline policy statement contained in the Federal Sentencing Guidelines recommends lifetime supervision for all child pornography offenders. U.S. Sentencing Commission (USSC) data for fiscal year 2012 indicate that only approximately 33% of child pornography offenders were sentenced to lifetime supervision. This variation suggests the possibility of unwarranted supervised release sentencing disparities. The dissertation explores this possibility by examining the effects of individual-level legal and extralegal factors and district-level contextual factors on supervised release sentences for child pornography offenders. …
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen
Center on Children, Families, and the Law: Faculty Publications
The most recent study discussed in this article examines how the media report issues of parental responsibility and blame regarding acts of juvenile delinquency. To accomplish this goal, we examined the frequency, context, and framing of parental responsibility in local and national print media via two content analyses. The results demonstrate that national media sources depict the notion of parental responsibility, whereas local media stories rarely mention parents. The national stories offer distant, more global statements of parental responsibility, while the local, specific stories tend to avoid any parental blame. The findings in this paper mirror public opinion polls that …
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
The Journal of Appellate Practice and Process
No abstract provided.
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
The Journal of Appellate Practice and Process
No abstract provided.
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards
Indiana Law Journal
This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive …
The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson
The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson
Cardozo Public Law, Policy & Ethics Journal
The note examines the "CSI Effect," a phenomenon where crime dramas like *CSI* influence jurors' expectations, potentially affecting trial outcomes. It explores whether this effect exists, its implications, and proposes solutions to mitigate its impact on the criminal justice system.
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington
Washington and Lee Law Review Online
This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system, but recognize the pervasiveness of racial and ethnic disparities. Moreover, as the Race Matters for Juvenile Justice-Charlotte Model has gained national prominence, many jurisdictions seek to replicate the collaborative and the authors, therefore, provide RMJJ’s history as well as strategies for changing the narrative through communication and education, workforce development, data and research, community …
Preservation: What Is It Good For?, Yuval Simchi-Levi
Preservation: What Is It Good For?, Yuval Simchi-Levi
Pace Law Review
The Article proceeds as follows: in Part A, the preservation doctrine is defined. In Part B, the history of the preservation doctrine is described. In Part C, there is an explanation as to the purpose of preservation. In Part D, there is a description of the appellate process in New York. In Part E, the statutory rules of the New York Court of Appeals are described. In Part F, there is a description of how the rules of preservation have loosened in New York since 2009. In Part G, there is a statistical analysis of the consequences of loosening the …
Toward A Theory Of The Political Defense, Isidore Silver
Toward A Theory Of The Political Defense, Isidore Silver
The Catholic Lawyer
No abstract provided.
When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court, Ronald G. Russo
When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court, Ronald G. Russo
The Catholic Lawyer
No abstract provided.
Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens
Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens
Other Publications
African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the largest numbers …
Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo
Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo
University of Michigan Journal of Law Reform
A discussion on false confession cases in the United States.
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
William & Mary Law Review
This Article investigates the relationship between the decisions by lawmakers to use municipal and criminal systems to generate revenue and the lack of access to individual defense representation by using the Ferguson, Missouri, municipal court as a case study. The Article chronicles the myriad constitutional rights that were violated on a systemic basis in Ferguson’s municipal court and how those violations made the city’s reliance on the court for revenue generation possible. The Article also documents how the introduction of individual defense representation, even on a piecemeal basis, played a role in altering Ferguson’s system of governance. Using this case …
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
Fordham Law Review
PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.
Court Transparency And The First Amendment, David S. Ardia
Court Transparency And The First Amendment, David S. Ardia
Cardozo Law Review
"Publicity is the very soul of justice," legal philosopher Jeremy Bentham once warned.1 Regrettably, lady justice is at risk of losing her soul. In courts across the country, secrecy is increasingly the norm. Indeed, the extent of secrecy in American courts is astonishing, especially given the assumption by many that the First Amendment guarantees a right of public access to the courts. In reality, the United States Supreme Court has explicitly held only that there is a First Amendment right of public access to criminal trials and pre-trial proceedings. The Court has never addressed the question of whether there is …
Court Transparency And The First Amendment, David S. Ardia
Court Transparency And The First Amendment, David S. Ardia
Faculty Publications
This is a critical time for court transparency because the courts, like so many institutions of government, are in the midst of a transformation from the largely paper-based world of the twentieth century to an interconnected, electronic world where physical and temporal barriers to information are disappearing. Not surprisingly, the shift to electronic access to the courts raises significant privacy concerns. As a result of these and other concerns, a number of courts and legislatures are considering sharply limiting public access to certain court proceedings and records.
Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig
Dissertations, Theses, and Capstone Projects
Human Trafficking Intervention Courts (HTICs) have been operating in New York City in an effort to connect victims of human trafficking to treatment programs. Unfortunately, the net that the courts cast was too wide and people who did not identify as victims of human trafficking were coerced into treatment programs that they did not need or want. Through textual discourse analysis and ethnographic observation, this paper explores the contestation of victimhood in HTICs by focusing on the experiences of defendants and how they are perceived by the police, judges, and other agents of the HTICs. Before entering the HTICs, defendants …
The President's Role In Advancing Criminal Justice Reform, Barack Obama
The President's Role In Advancing Criminal Justice Reform, Barack Obama
United States Department of Justice: Publications
Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and …
Substantive And Procedural Silence, Erin Sheley
Substantive And Procedural Silence, Erin Sheley
Tennessee Law Review
Empirical work shows that perceptions of the procedural fairness of the criminal justice system turns on whether it gives individuals and communities a "voice," or a forum in which to tell their stories. If the system imposes unwanted silence on a party its legitimacy in the eyes of the public decreases. Despite the extensive literature on the many specific applications of silence in the justice system, no attempt has yet been made to break down the relationship between the victim's silence and the defendant's across the disparate doctrines of criminal law, or the importance of these interconnections to the expressive …
A Principled And Legal Approach To Title Ix Reporting, Merle H. Weiner
A Principled And Legal Approach To Title Ix Reporting, Merle H. Weiner
Tennessee Law Review
Institutions of higher education identify "responsible employees" to further their compliance with Title IX. Responsible employees typically report instances of campus gender-based violence to the institution, usually to the Title IX coordinator. Unfortunately, most colleges and universities make virtually every employee a responsible employee. This "wide-net" approach to reporting, sometimes referred to as universal mandatory reporting, produces two categories of related unintended consequences: (1) it weakens the autonomy of victims when they need their autonomy most, thereby undermining their sense of institutional support and aggravating their psychological and physical harm from the assault; and (2) because of these negative consequences, …
The Miranda Custody Requirement And Juveniles, Paul Marcus
The Miranda Custody Requirement And Juveniles, Paul Marcus
Tennessee Law Review
No abstract provided.
Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart
Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart
Michigan Journal of International Law
Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.
Firepower To The People! Gun Rights & The Law Of Self-Defense To Curb Police Misconduct, Spear It
Firepower To The People! Gun Rights & The Law Of Self-Defense To Curb Police Misconduct, Spear It
Tennessee Law Review
No abstract provided.
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore
Tennessee Law Review
No abstract provided.
Zealous And Effective Advocacy: An Assessment Of The Constitutional Right To Counsel Within A Drug Court Proceeding, Sarah Kirschenheiter
Zealous And Effective Advocacy: An Assessment Of The Constitutional Right To Counsel Within A Drug Court Proceeding, Sarah Kirschenheiter
Cardozo Law Review de•novo
This Note will proceed in three parts. Part I will explain the drug court model by detailing the key components of drug courts in general and by providing an outline of the three predominant drug court models. Additionally, this Part will provide an overview of the right to counsel in traditional criminal proceedings, including probation revocation hearings. Part II will contemplate why the non-traditional stages of a drug court proceeding may constitutionally require counsel and why the defense attorney’s role within the context of drug court is problematic. Using the standards that govern traditional criminal proceedings, Part III will argue …
Hybrid Jury Strikes, Aliza Plener Cover
Hybrid Jury Strikes, Aliza Plener Cover
Articles
Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak and …
Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang
Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang
Marquette Law Review
Imagine how our system of criminal justice might look different if one value ascended in the system's hierarchy of values: humility. Day to day, in my work, I do not see much humility among police officers, defense lawyers, prosecutors, probation agents, and judges. This is noteworthy, given how unavoidability uncertain--or at least contestable or close--many of the outcomes in our trial and appellate courts are to an objective eye. Even when the basic facts on guilt are fairly certain, the right sentence often is not. I propose that humility is an essential value that, properly understood, is tied to liberty; …