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Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro Jan 2006

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro

Articles

This report examines the underlying conditions that cause women like Rodi to flee their home countries and seek protection elsewhere. The report starts with a description of the circumstances that led Rodi to leave Guatemala. It then analyzes the widespread violence against and murders of women in Guatemala, specifically focusing on the number of murders, the victims, the brutality of the crimes, the context in which they occur, and the theories behind the murders. It next looks to the aspects of the Guatemalan legal and judicial systems that render women vulnerable to violence and then fail to protect them. It …


Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin Jan 2006

Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin

Articles

The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …


Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja B. Starr Jan 2006

Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja B. Starr

Articles

The shift in sentencing fact-finding responsibility triggered in many states by Blakely v. Washington may dramatically change the complexity and type of questions that juries will be required to answer. Among the most important challenges confronting legislatures now debating the future of their sentencing regimes is whether juries are prepared to handle this new responsibility effectively - and, if not, what can be done about it. Yet neither scholars addressing the impact of Blakely nor advocates of jury reform have seriously explored these questions. Nonetheless, a number of limitations on juror decision making seriously threaten the accuracy of verdicts in …


Jurisdictional Competition In Criminal Justice: How Much Does It Really Happen?, Samuel R. Gross Jan 2006

Jurisdictional Competition In Criminal Justice: How Much Does It Really Happen?, Samuel R. Gross

Articles

It's a familiar image from American fiction: the bad guy ridden out of town on a rail' or beaten up by the sheriff and dumped on the next train out. Where do they go? Banishment is an age-old form of punishment. In America, where an atomized criminal justice system has survived into the twentyfirst century, we can continue to try to dump our criminals on our near neighbors, and-as Doron Teichman points out in his interesting articlethat is not the only way that American states, counties, and cities can try to reduce their own crime rates by exporting crime elsewhere.3 …


Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger Jan 2006

Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger

Articles

Lawyers obtained the first federal court orders governing prison and jail conditions in the 1960s. This and other types of civil rights injunctive practice flourished in the 1970s and early 1980s. But a conventional wisdom has developed that such institutional reform litigation peaked long ago and is now moribund. This Article's longitudinal account of jail and prison court-order litigation establishes that, to the contrary, correctional court-order litigation did not decline in the late 1980s and early 1990s. Rather, there was essential continuity from the early 1980s until1996, when enactment of the Prison Litigation Reform Act (PLRA) reduced both the stock …


Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman Jan 2006

Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman

Articles

The National Archives and Records Administration (NARA) is, wisely, planning the future of its enormous collection of relatively recent court records. The pertinent regulation, a “records disposition schedule” first issued in 1995 by the Judicial Conference of the United States in consultation with NARA, commits the Archives to keeping, permanently, all case files dated 1969 or earlier; all case files dated 1970 or later in which a trial was held, and “any civil case file which NARA has determined in consultation with court officials to have historical value.” Other files may be destroyed 20 years after they enter the federal …


New Life For The ‘Criteria Tests’ In State Constitutional Jurisprudence: ‘Gunwall Is Dead—Long Live Gunwall”, Hugh D. Spitzer Jan 2006

New Life For The ‘Criteria Tests’ In State Constitutional Jurisprudence: ‘Gunwall Is Dead—Long Live Gunwall”, Hugh D. Spitzer

Articles

Outlines the develoment of state constitutional jurisprudence in Washington State between 1986 and 2006. Provides a general theory of state constitutional analysis, and recommends retention of the "creteria" approach to application of state constitutions, primarily as an interpretive tool.


Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield Jan 2006

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

Articles

On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.


Barry Scheck Lectures On Wrongful Convictions, Barry Scheck Jan 2006

Barry Scheck Lectures On Wrongful Convictions, Barry Scheck

Articles

The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.


Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler Oct 2005

Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler

Articles

No abstract provided.


The Custodial Remand System For Juveniles In Ireland: The Empirical Evidence, Gay Graham, Sarah Anderson Jan 2005

The Custodial Remand System For Juveniles In Ireland: The Empirical Evidence, Gay Graham, Sarah Anderson

Articles

This paper documents the present system of custodial remands for children under sixteen years in Ireland. The research includes the entire population of children remanded into custody during the summer of 2000 (N=117). A flow chart model illustrates these young people’s experiences, and the paper highlights issues such as the number of non-offending children who are in custody (21%); the cycle of repeated remands and court appearances (up to 22 repeats); excessive periods of time spent in secure detention (up to 351 days); and the use of remand facilities for those awaiting a suitable residential placement (57%). It provides an …


Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill Jan 2005

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

Articles

No abstract provided.


In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer Jan 2005

In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer

Articles

No abstract provided.


Empirical Economics And The Study Of Punishment And Crime, Thomas J. Miles Jan 2005

Empirical Economics And The Study Of Punishment And Crime, Thomas J. Miles

Articles

No abstract provided.


Political Trials In Domestic And International Law, Eric A. Posner Jan 2005

Political Trials In Domestic And International Law, Eric A. Posner

Articles

Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections-often with the complicity of judges-but when they do so, they risk losing the confidence of the public, which may believe that the government targets legitimate political opponents. This Article argues that the amount of process enjoyed by defendants in criminal trials reflects a balancing of two …


International Law And The Disaggregated State, Eric A. Posner Jan 2005

International Law And The Disaggregated State, Eric A. Posner

Articles

No abstract provided.


From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt Jan 2005

From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt

Articles

The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums. When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …


Justice Court Appeals: The Good, The Bad, And The Unintended, Samuel P. Newton Jan 2005

Justice Court Appeals: The Good, The Bad, And The Unintended, Samuel P. Newton

Articles

No abstract provided.


Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen Jan 2005

Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen

Articles

No abstract provided.


Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule Jan 2005

Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule

Articles

No abstract provided.


Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule Jan 2005

Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule

Articles

Many people believe that the death penalty should be abolished even if as recent evidence seems to suggest, it has a significant deterrent effect. But if such an effect can be established, capital punishment requires a life-life tradeoff, and a serious commitment to the sanctity of human life may well compel, rather than forbid, that form of punishment. The familiar problems with capital punishment potential error, irreversibility, arbitrariness, and racial skew-do not require abolition because the realm of homicide suffers from those same problems in even more acute form. Moral objections to the death penalty frequently depend on a sharp …


Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha Jan 2005

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha

Articles

No abstract provided.


The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy Jan 2005

The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy

Articles

Criminal justice scholars agree that the process cannot adequately be captured simply by reporting guilty pleas, jury acquittals and convictions. Rather, one must imagine a giant cornucopia, the large end representing the huge mass of unreported and uncleared crimes, the small end representing the small number of convicted felons sentenced to prison. Between these terminal points can be found all those criminals the police decide not to arrest or refer for prosecution, all those cases prosecutors decide not to prosecute, the cases prosecutors decide to dismiss (or "nolle prosequi," often referred to as "nol pros") after they have been filed, …


Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington Jan 2005

Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington

Articles

No abstract provided.


Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness Jan 2005

Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness

Articles

No abstract provided.


State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase Jan 2005

State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase

Articles

No abstract provided.


Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry Jan 2005

Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry

Articles

No abstract provided.


Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard Frase Jan 2005

Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard Frase

Articles

No abstract provided.


The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase Jan 2005

The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase

Articles

No abstract provided.


Punishment Purposes, Richard Frase Jan 2005

Punishment Purposes, Richard Frase

Articles

No abstract provided.