Digital Commons Network^™

Why Is Torture Different And How Different Is It?, Sherry F. Colb

Cornell Law Faculty Publications

Almost every serious commentator to address the moral and legal question of torture has taken for granted the proposition that the infliction of torture is a sufficiently grave evil to require a distinctly demanding moral scrutiny, one that categorically sets torture apart from other terrible things (including killing) that human beings do to one another. To borrow from the Supreme Court's death penalty jurisprudence, most people agree that torture is "different. "

Under the Eighth Amendment, the fact that death is different does not rule out its application; it simply alters the relevant procedural and substantive standards. By contrast, many …

Protecting The Party Girl: A New Approach For Evaluating Intoxicated Consent, Christine Chambers Goodman

BYU Law Review

No abstract provided.

Why Is Torture "Different" And How "Different" Is It?, Sherry F. Colb

Cardozo Law Review

Almost every serious commentator to address the moral and legal question of torture has taken for granted the proposition that the infliction of torture is a sufficiently grave evil to require a distinctly demanding moral scrutiny, one that categorically sets torture apart from other terrible things (including killing) that human beings do to one another. To borrow from the Supreme Court's death penalty jurisprudence, most people agree that torture is "different."

Under the Eighth Amendment, the fact that death is different does not rule out its application; it simply alters the relevant procedural and substantive standards. By contrast, many scholars …

Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Passions We Like… And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan

Michigan Journal of Gender & Law

This Article proceeds as follows. In Part II, the author catalogs the history of anti-gay hate crime laws in the United States, describing the rapid spread of state-level laws extending race- and religion-based hate crime laws to LGB people. The Article also provides an overview of federal legislation addressing anti-gay hate crime. In Part III, it examines the policy environment within which anti-gay hate crime laws have been, and continue to be, considered. Specifically, the jurisprudential frameworks that shape, define, and constrain discourses of equality, rights, and social identity are analyzed. The argument is made that the policy environment of …

How To Improve Empirical Desert, Adam Kolber

Faculty Scholarship

No abstract provided.

The Consociative Value Of Work: What Homelessness-To-Work Programs Can Teach Us About Reforming And Expanding Prison Labor, Christopher Angevine

American University Criminal Law Brief

No abstract provided.

Getting Real About Race And Prisoner Rights, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

This Article explores the nexus of two stories central to contemporary American jurisprudence and--for tens of millions of citizens--central to the American experience: the rise of the “carceral state” through steep increases in the incarceration of non-whites, and the decline, over the very same period, in legal protections for prisoners. The Article suggests that these two stories cannot be considered in isolation from one another. Nearly everything we know about race from the social sciences suggests that, in the highly pressured context of prison life, racial tensions will play a role in the decisions that guards and administrators make concerning …

Beyond Duluth: A Broad Spectrum Of Treatment For A Broad Spectrum Domestic Violence, Johnna Rizza

Montana Law Review

Beyond Duluth

Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Carrie E. Reynolds, Cynthia J. Najdowski, Jessica M. Salerno, Margaret C. Stevenson, Tish R.A. Wiley, Bette L. Bottoms

Psychology Faculty Scholarship

Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …

When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine

Faculty Articles

This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against ado­lescent boys in the United States. In contrast to both legal frame­works, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender reg­istries, this study examines the incidence of female-perpetrated stat­utory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the ad­vantages of her approach over those taken by prior scholars, in terms of the size of the …

The Deterrent Effect Of Death Penalty Eligibility: Evidence From The Adoption Of Child Murder Eligibility Factors, Michael D. Frakes, Matthew Harding

Faculty Scholarship

We draw on within-state variations in the reach of capital punishment statutes between 1977 and 2004 to identify the deterrent effects associated with capital eligibility. Focusing on the most prevalent eligibility expansion, we estimate that the adoption of a child murder factor is associated with an approximately 20% reduction in the homicide rate of youth victims. Eligibility expansions may enhance deterrence by (1) paving the way for more executions and (2) providing prosecutors with greater leverage to secure enhanced non-capital sentences. While executions themselves are rare, this latter channel is likely to be triggered fairly regularly, providing a reasonable basis …

Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana

Journal of Criminal Law and Criminology

No abstract provided.

A Relational Sixth Amendment During Interrogation, Brooks Holland

Journal of Criminal Law and Criminology

No abstract provided.

Blue Sky Steroids, Geoffrey Rapp

Journal of Criminal Law and Criminology

No abstract provided.

The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen

Journal of Criminal Law and Criminology

No abstract provided.

Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist

Journal of Criminal Law and Criminology

No abstract provided.

Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway

Journal of Criminal Law and Criminology

No abstract provided.

The Cognitive Psychology Of Mens Rea, Kevin Jon Heller

Journal of Criminal Law and Criminology

No abstract provided.

Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo

Journal of Criminal Law and Criminology

No abstract provided.

Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock

Journal of Criminal Law and Criminology

No abstract provided.

What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet

Journal of Criminal Law and Criminology

No abstract provided.

When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price

Journal of Criminal Law and Criminology

No abstract provided.

Foreword

Journal of Criminal Law and Criminology

No abstract provided.

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Journal of Criminal Law and Criminology

No abstract provided.

The Criminalization Of Poverty, Kaaryn Gustafson

Journal of Criminal Law and Criminology

No abstract provided.

Legal Disparities In The Capital Of Capital Punishment, Scott Phillips

Journal of Criminal Law and Criminology

No abstract provided.

The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave

Journal of Criminal Law and Criminology

No abstract provided.

Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista

Journal of Criminal Law and Criminology

No abstract provided.