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Articles 781 - 810 of 2603
Full-Text Articles in Entire DC Network
To Charge Or Not To Charge, That Is Discretion: The Problem Of Prosecutorial Discretion In Chile, And Japan's Solution, Kirtland C. Marsh
To Charge Or Not To Charge, That Is Discretion: The Problem Of Prosecutorial Discretion In Chile, And Japan's Solution, Kirtland C. Marsh
Washington International Law Journal
Chile’s recent criminal procedure reform is an ambitious program to bring greater transparency, fairness, and effectiveness to the country’s legal system. However, the success of the reform is not assured. To a great extent, the reform’s success will depend on the new national Office of the Public Prosecutor’s ability to enforce laws and direct law enforcement within the confines of the new system. Prosecutors must balance the interests of the Chilean public’s demands for order and convictions with the reform’s underlying principles of impartiality and enhanced rights for defendants. If prosecutors resort to the excesses used by investigating judges under …
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Missouri Law Review
Section I provides a brief overview of the significance of group status generally and its traditional relevance and usage within the criminal justice system. This discussion places the novel, defense-oriented approach to group status in a proper historical and analytical context. Section II begins by sketching a generally accepted system of defenses and placing general defenses within this context. It next describes the proper understanding of justification and excuse, the two preeminent theories for exculpatory general defenses. This complicated and often-contentious area of law is exposited here only insofar as it is necessary to lay the groundwork for the critique …
Transition From Legal Alien To Permanent Resident, Biko Agozino
Transition From Legal Alien To Permanent Resident, Biko Agozino
African Journal of Criminology and Justice Studies
No abstract provided.
Violence Against Women In Africa, Godpower O. Okereke
Violence Against Women In Africa, Godpower O. Okereke
African Journal of Criminology and Justice Studies
The United Nations’ report on the State of the World Population 2000 (United Nations, 2000b) and studies conducted by the World Health Organization (2000a) and Amnesty International (2004) all indicate that violence against women is rampant in Africa and is increasing in some areas. The following study is an effort to highlight some of the reasons why violence against women is particularly problematic in African. The study reveals that violence against women in Africa is mainly due to the existence of discriminatory laws, prejudicial and harmful customs, traditions, beliefs and practices, and partly due to non-enforcement of gender-sensitive laws and …
Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard
Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard
Office for Policy Studies on Violence Against Women Publications
Using a sample of 1,010 women from a southeastern state university, we explore whether associations between fear of sexual assault and other crime-specific fears vary based on presumed victim-offender relationship. More specifically, we assess the extent to which fear of stranger- and acquaintance-perpetrated sexual assaults differ in the extent to which they are correlated with fear of other crime victimizations. Multivariate logistic regression analysis revealed that both fear of stranger-perpetrated sexual assault and fear of acquaintance- perpetrated sexual assault were positively associated with nearly all other crimespecific fears under examination. However, associations were particularly strong between fear of sexual assault …
Popular Constitutionalism In The Twentieth Century: Reflections On The Dark Side, The Progressive Constitutional Imagination, And The Enduring Role Of Judicial Finality In Popular Understandings Of Popular Self-Rule, William E. Forbath
Chicago-Kent Law Review
This essay aims to revise and strengthen some important features of Larry Kramer's pioneering account of popular constitutionalism, particularly during the last century, which Kramer covers on the run. In doing so, the essay also complicates the normative path of Kramer's narrative. First, I discuss the role of racism in shaping American popular constitutionalism and its rivals. The People Themselves has been assailed for glossing over this and other dark chapters in popular constitutionalism's history. I sketch how and why Kramer's narrative should take these dark chapters on board. Next, I turn to the Progressive Era and the New Deal. …
The Political Market For Criminal Justice, Rachel E. Barkow
The Political Market For Criminal Justice, Rachel E. Barkow
Faculty Articles
Deals with the article "The Market for Criminal Justice," by Doron Teichman. Role of political-economy approach in assessing questions of criminal justice policy; Insights of Teichman on jurisdictional competition; Involvement of the federal government in sentencing; Suggestions of Teichman for criminal law scholars.
Alaska Justice Forum ; Vol. 23, No. 2 (Summer 2006), Uaa Justice Center
Alaska Justice Forum ; Vol. 23, No. 2 (Summer 2006), Uaa Justice Center
Vols 21-30 (2004-2014)
The Summer 2006 issue of the Alaska Justice Forum focuses on juvenile justice, with articles on the disproportionate referral of minority youth to the Alaska juvenile justice system, Alaska and national figures for juvenile arrests from 1995 to 2004, and a look at juvenile detention facilities in Alaska.
Deterring Roper's Juveniles: Using A Law And Economics Approach To Show That The Logic Of Roper Implies That Juveniles Require The Death Penalty More Than Adults, Moin A. Yahya
Dickinson Law Review (1908-2003)
In Roper v. Simmons, the United States Supreme Court declared the death penalty for juveniles unconstitutional. It relied on three reasons, one of which concerns this article, namely the theory that juveniles are less culpable and deterrable than adults. The Court relied on the American Medical Association's amicus brief, which purported to scientifically show that juveniles had less developed brains than adults. The Court characterized juveniles as being risk-lovers who highly prefer the present over the future, who love gains no matter how risky, who do not care for losses, and who cannot engage in proper cost-benefit analysis. This is …
Relevance Of African Traditional Jurisprudence On Control Justice And Law: A Critique Of He Igbo Experience, Nonso Okafo
Relevance Of African Traditional Jurisprudence On Control Justice And Law: A Critique Of He Igbo Experience, Nonso Okafo
African Journal of Criminology and Justice Studies
Native African ideas and models of law and justice are best suited for social control in African societies. Africans should therefore prefer the ideas and models for many reasons, including the fact that Native African systems of law and justice derive fundamentally from African societies, rather than foreign cultures. This paper uses the Igbo (Nigeria) experience to illustrate the need for African societies to advocate, promote, and expand the uses of their indigenous justice and social control philosophies and systems despite their respective colonial experiences. The governments of modern African States, as well as private individuals and groups, have important …
Racial, Cultural And Sociopolitical Disparities In Mental Health Administration In The United States, Dianne Williams
Racial, Cultural And Sociopolitical Disparities In Mental Health Administration In The United States, Dianne Williams
African Journal of Criminology and Justice Studies
Despite significant advances in the health care industry, recent research has revealed alarming disparities in the availability, access, and quality of health care for minorities. According to the 2001 Surgeon General’s report published by the USDHHS, even if minority groups have comparable access, socioeconomic status and insurance coverage, they are still likely to receive less, or inferior care. This paper discusses the concept of culturally sensitive mental health counseling and its feasibility, in light of the monocultural manner in which cultural and criminal subgroups are typically handled.
Biko Agozino And The Rise Of Post-Colonial Criminology, Temitope Babatunde Oriola
Biko Agozino And The Rise Of Post-Colonial Criminology, Temitope Babatunde Oriola
African Journal of Criminology and Justice Studies
No abstract provided.
Law And Justice In Post-British Nigeria: Conflicts And Interactions Between Native And Foreign Systems Of Social Control In Igbo-Nonso Okereafoezeke, Oko O. Elechi
African Journal of Criminology and Justice Studies
No abstract provided.
The International Labour Organization's Role In Nationalizing The International Movement To Abolish Child Labor, Junlin Ho
Chicago Journal of International Law
This Development introduces the concept of a decentralized trade-labor link based on ILO standards and reporting as an effective means for ending child labor. Part II of the Development defines the concept of child labor and provides current statistics on the number of children involved in it, including the worst forms of child labor. Part III discusses the history and structure of the ILO, the organization's commitment to abolishing child labor, and how these factors make the ILO uniquely positioned to monitor child labor violations. Part IV lays out the principle of trade-labor linkage, the inability of the international community …
The Racial Paradox Of The Corporate Law Firm, Richard H. Sander
The Racial Paradox Of The Corporate Law Firm, Richard H. Sander
North Carolina Law Review
No abstract provided.
Broadening Executive Power In The Wake Of Avena: An American Interpretation Of Pacta Sunt Servanda, Houston A. Stokes
Broadening Executive Power In The Wake Of Avena: An American Interpretation Of Pacta Sunt Servanda, Houston A. Stokes
Washington and Lee Law Review
No abstract provided.
The Pendulum Of Justice: Analyzing The Indigent Defendant's Right To Effective Assistance Of Counsel When Pleading Not Guilty At The Plea Bargaining Stage, Tara Harrison
Utah Law Review
Ultimately, Congress should tackle the sexist mentality and sexual escapades of United States troops stationed abroad. Congress should open a serious dialogue with the Pentagon and encourage it to clean up its act, perhaps through incentives. Alternatively, Congress should mandate the Pentagon's compliance by passing legislation expressly forbidding prostitution overseas and providing serious criminal penalties for those who aid in or abet such activity. If these troops decide to have irresponsible sex with women abroad, they should at least be responsible for the children they subsequently create. Imposing childrearing, or at least financial, responsibilities on these troops would provide a …
The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes
The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
Washington and Lee Law Review
No abstract provided.
Review Of Silvia Federici Caliban And The Witch: Women,The Body And Primitive Accumulation (2005, Autonomedia,Nyc), Ann Fergusun
Review Of Silvia Federici Caliban And The Witch: Women,The Body And Primitive Accumulation (2005, Autonomedia,Nyc), Ann Fergusun
Wagadu: A Journal of Transnational Women's & Gender Studies
No abstract provided.
On Miranda And Misinterpretation: A Look At The Rights Of Native American Defendants, S. Meredith Morris
On Miranda And Misinterpretation: A Look At The Rights Of Native American Defendants, S. Meredith Morris
Student Thesis Honors (1996-2008)
In this paper, I posit that the Miranda ruling from the infamous case Miranda v. Arizona, when poorly applied, results in profound and blatant Eracism. I will begin Part I by stepping back in history to look at the evolution of Miranda and the cases that followed. Next, I take a look at the 2000 Census data and address the relatively current minority population percentages. Then, in Part II, I dissect Miranda, revealing what "custody" and "interrogation", the "right to an attorney" and "valid waiver" mean according to the Supreme Court. In Part III of this paper, I take a …
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Alaska Law Review
No abstract provided.
A Better Bargain In Filene's Basement: A Response To Professor Abel, Peter C. Buck
A Better Bargain In Filene's Basement: A Response To Professor Abel, Peter C. Buck
North Carolina Law Review
No abstract provided.
Every Reasonable Means: Due Process And The (Non)Enforcement Of A Restraining Order In Gonzales V. Town Of Castle Rock, Amber Fink
Minnesota Journal of Law & Inequality
No abstract provided.
The Iraqi High Criminal Court: Controversy And Contributions, Michael A. Newton
The Iraqi High Criminal Court: Controversy And Contributions, Michael A. Newton
Vanderbilt Law School Faculty Publications
The Iraqi High Criminal Court established to prosecute Saddam Hussein and other leading Ba’athists is one of the most visible of the current efforts to establish criminal accountability for violations of international norms. Juxtaposed against other tribunals, the High Criminal Court has provoked worldwide debate over its processes and its prospects for returning societal stability founded on respect for human rights and the rule of law to Iraq. This article explores in detail the legal basis for the formation of the High Criminal Court under the law of occupation. It addresses the relationship between the Iraqi model of prosecuting crimes …
Law School, Law Students, Civic Engagement, And Community-Based Research As Resources For Improving Access To Justice In Utah, James H. Backman
Law School, Law Students, Civic Engagement, And Community-Based Research As Resources For Improving Access To Justice In Utah, James H. Backman
Utah Law Review
Law School students and faculty alike enjoy the opportunity to contribute to new developments for the improvement of access to justice. Too often, our traditional research is published in a law journal and is often unknown to policymakers and community organizations that make an impact on our society and the way our legal system functions. Community-based research conducted by a student with the courts, the bar, legal service providers, and volunteer providers of services is presented in a context in which it can be used by these organizations dedicated to improvement of access to justice.
Extraterritorial Accountability: An Assessment Of The Effectiveness Of Child Sex Tourism Laws, Naomi L. Svensson
Extraterritorial Accountability: An Assessment Of The Effectiveness Of Child Sex Tourism Laws, Naomi L. Svensson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Political Market For Criminal Justice, Rachel E. Barkow
The Political Market For Criminal Justice, Rachel E. Barkow
Michigan Law Review
In 2004, the number of individuals incarcerated in the United States exceeded the two million mark. The current incarceration rate in the United States is 726 per 100,000 residents, the highest incarceration rate in the Western world and a dramatic increase from just three decades ago. Not only are more people serving time, but sentences have markedly lengthened. What should we make of these trends? The answer has been easy for most legal scholars: to them, the incarceration rate in the United States is too high, and reforms are necessary to lower sentences. But many political leaders and voters reach …
Crime, Criminals, And Competitive Crime Control, Wayne A. Logan
Crime, Criminals, And Competitive Crime Control, Wayne A. Logan
Michigan Law Review
Given the negative consequences of crime, it should come as no surprise that states will endeavor to make their dominions less hospitable to potential criminal actors. This predisposition, when played out on a national stage, would appear ripe for a dynamic in which states will seek to "out-tough" one another, leading to a spiral of detrimental competitiveness. Doran Teichman, in an article recently appearing in these pages, advances just such a view. Teichman posits that the decentralized structure of America's federalist system provides states with "an incentive to increasingly harshen" their crime control efforts, with the net result being excessive …
Decentralizing Crime Control: The Political Economy Perspective, Doron Teichman
Decentralizing Crime Control: The Political Economy Perspective, Doron Teichman
Michigan Law Review
In an article recently published on the pages of this Law Review, The Market for Criminal Justice: Federalism, Crime Control, and Jurisdictional Competition ("The Market"), I put forward a theory of crime control in a decentralized government. Specifically, I made three distinct claims. First, criminal justice policies affect the geographic decision of criminals as to where to commit their crimes. Other things being equal, criminal activity will tend to shift to areas in which the expected sanction is lower. Second, local jurisdictions attempting to lower their crime rates will react to policies adopted by neighboring jurisdictions and try …