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Articles 1171 - 1200 of 1378
Full-Text Articles in Entire DC Network
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Plea Bargaining As Compromise, Frank H. Easterbrook
The Role Of A Bill Of Rights, David A. Strauss
In Memoriam: Hans, Cass R. Sunstein
In Memoriam: Hans, Cass R. Sunstein
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
Articles
No abstract provided.
Mandatory Penalties, Michael Tonry
Mandatory Penalties, Michael Tonry
Articles
To many public officials, promotion and enactment of mandatory penalty laws are important symbols of their concern for public safety and citizens' fear of crime. In practice, mandatory minimum-penalty laws accomplish few of their stated objectives and produce unwanted consequences. Their deterrent effects range from nonexistent to short-lived. When they call for short mandatory prison terms for serious crimes, they are often irrelevant because longer sentences are generally imposed. When they mandate longer terms (five, ten, twenty years), they are often circumvented by lawyers and judges. They reduce defendants' incentives to plead guilty, reduce guilty plea rates, and lengthen case …
Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette
Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette
Articles
The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
Articles
The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …
The Law Review Symposium Issue: Community Of Meaning Or Re-Inscription Of Hierarchy Symposium On Legal Scholarship, Jean Stefancic
The Law Review Symposium Issue: Community Of Meaning Or Re-Inscription Of Hierarchy Symposium On Legal Scholarship, Jean Stefancic
Articles
No abstract provided.
The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote
The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote
Articles
Models for a criminal-justice system based on an ethos of rehabilitation and reintegration-such as Llewellyn's "parental" and Griffiths' "family" models-have been regarded as idealistic but unworkable in the real world, except perhaps in totalitarian or primitive societies. Professor Foote, however, has found in Japan just such a model, which he labels "benevolent paternalism." The Japanese criminal-justice system is benevolent in that its goal is to achieve reformation and reintegration into society through lenient sanctions tailored to the offender's particular circumstances. The system is paternalism in that it allows substantial discretion to the state in both gathering and using information about …
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Articles
No abstract provided.
The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing
The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing
Articles
The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
Articles
"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Articles
No abstract provided.
Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler
Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler
Articles
No abstract provided.
The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler
The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler
Articles
No abstract provided.
Constitutional Vision, Geoffrey R. Stone
Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone
Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone
Articles
No abstract provided.
What Judge Bork Should Have Said, Cass R. Sunstein
Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld
Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld
Articles
Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context. In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented. Formality is associated with greater severity in pre-trial detention and sentencing practices. By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leniently. The Article explores the implications of "justice by geography" for juvenile justice policy.
Public Prosecution And Hydro-Engineering, Michael Tonry
Public Prosecution And Hydro-Engineering, Michael Tonry
Articles
There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.
Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry
Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry
Articles
No abstract provided.
Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase
Articles
No abstract provided.
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Articles
Current law allows defendants to use a preexisting relationship to give credibility to a defense of consent or reasonable, good faith belief of consent. However, the law acknowledges various connections between people and recognizes that under certain circumstances it is appropriate both to prevent a person from acting and to require a person to act. If courts applied the doctrine of confidential relationships to acquaintance rape, evidence of the relationship would impose upon the defendant a heightened duty of care to the victim. This heightened duty of care would change the mental element of the crime. It would also change …
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Articles
Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Articles
No abstract provided.
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
Articles
No abstract provided.