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Articles 1981 - 2010 of 8760
Full-Text Articles in Entire DC Network
Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer
Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer
Journal of Criminal Law and Criminology
No abstract provided.
Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss
Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss
Journal of Criminal Law and Criminology
No abstract provided.
More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole
More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole
Journal of Criminal Law and Criminology
No abstract provided.
The Cruikshank Redemption: The Enduring Rationale For Excluding The Second Amendment From The Court's Modern Incorporation Doctrine, David A. Lieber
The Cruikshank Redemption: The Enduring Rationale For Excluding The Second Amendment From The Court's Modern Incorporation Doctrine, David A. Lieber
Journal of Criminal Law and Criminology
No abstract provided.
Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan
Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan
Journal of Criminal Law and Criminology
No abstract provided.
A Tribute To Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
Journal of Criminal Law and Criminology
No abstract provided.
Ripeness Of Self-Incrimination Clause Disputes, Michael J. Zydney Mannheimer
Ripeness Of Self-Incrimination Clause Disputes, Michael J. Zydney Mannheimer
Journal of Criminal Law and Criminology
No abstract provided.
It's Already Public: Why Federal Officers Should Not Need Warrants To Use Gps Vehicle Tracking Devices, John S. Ganz
It's Already Public: Why Federal Officers Should Not Need Warrants To Use Gps Vehicle Tracking Devices, John S. Ganz
Journal of Criminal Law and Criminology
No abstract provided.
A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski
A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Richard Lindstrom, Peter Neumer
Criminal Law And Criminology: A Survey Of Recent Books, Richard Lindstrom, Peter Neumer
Journal of Criminal Law and Criminology
No abstract provided.
Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna
Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna
Journal of Criminal Law and Criminology
No abstract provided.
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik
Journal of Criminal Law and Criminology
No abstract provided.
Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg
Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg
Journal of Criminal Law and Criminology
No abstract provided.
When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg
When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg
Journal of Criminal Law and Criminology
No abstract provided.
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Journal of Criminal Law and Criminology
No abstract provided.
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Civilization Of The Criminal Law, Christopher Slobogin
The Civilization Of The Criminal Law, Christopher Slobogin
Vanderbilt Law Review
The boundaries of the criminal justice system are eroding. A vast amount of relatively innocuous behavior is now criminalized. The line between criminal penalties and administrative sanctions is dissolving, as criminal law relaxes its mens rea requirements and government bureaucracies aggressively pursue regulatory violations. Distinctions between criminal and civil forfeiture, contempt, and deportation proceedings have been vanishingly subtle for some time. Perhaps the most serious assault on the integrity of today's criminal justice system, however, is the increasing prominence of the "dangerousness criterion" as justification for confinement by the government. Governmental deprivations of liberty have usually been the province of …
The Civilization Of The Criminal Law, Christopher Slobogin
The Civilization Of The Criminal Law, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ago by thinkers such as Barbara Wooton, Sheldon Glueck, and Karl Menninger. These individuals, the first a criminologist, the latter two mental health professionals, envisioned a system that is triggered by an antisocial act but that pays no attention to desert or even to general deterrence. Rather, the sole goal of the system they proposed is individual prevention through assessments of dangerousness and the provision of treatment designed to …
How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph
War Crimes Memoranda
No abstract provided.
Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein
Faculty Scholarship
This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
University of Miami Law Review
No abstract provided.
The Dilemma Of Expressive Punishment, William Deford
The Dilemma Of Expressive Punishment, William Deford
University of Colorado Law Review
No abstract provided.
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Articles
The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.
Discrimination In Sentencing On The Basis Of Afro-Centric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afro-Centric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
ExpressO
For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person’s Afro-centric features. Section I of the article describes a line of social science research that shows that a person’s Afro-centric features have a strong biasing effect on judgment such …