Digital Commons Network^™

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 …

The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing “First Drafts,” Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller

Faculty Scholarship

Fabricated testimony by informants often plays an important role in convictions of the innocent. In this article, I examine the particularly problematic situation of defendants who are innocent of the particular crime charged but are not strangers to crime. As to such defendants, potential informants abound among crime associates, and they have a ready story line that authorities are preconditioned to accept. Independent proof, which could be an antidote, will predictably be lacking. Indeed, that the informant has exclusive, critical knowledge often leads the prosecution to offer particularly tempting deals.

I focus on the case of Lee Wayne Hunt, a …

Knowing Law’S Limits: Comments On ‘Forgiveness: Integral To Close Relationships And Inimical To Justice?’, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.

Civil Justice Systems In Europe And The United States, Hein Kötz

Faculty Scholarship

Professor Kötz delivered the inaugural Herbert L. Bernstein Memorial Lecture in Comparative Law in 2002 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. In order to highlight the similarities and differences in legal regimes between Europe and the United States, Professor Hein Kötz analyzes the German and American civil legal systems and, to a minor extent, the British civil legal system. Specifically, Kötz focuses on one of the distinguishing features of the American legal system, the civil jury, and its impact on the …

The Bernstein Memorial Lecture: The First Six Years, Ralf Michaels, Stephen Bornick, Jonathan Dalton White

Faculty Scholarship

CICLOPs, the Center for International & Comparative Law Occasional Papers, could not be launched with a better issue than one dedicated to Duke Law's named lecture series in the field, the Annual Herbert L. Bernstein Memorial Lecture in Comparative Law. Herbert Bernstein was Duke's much-beloved professor of comparative law. The lecture series, established in Prof. Bernstein’s honor after his sudden death in 2001, has drawn leading scholars from all around the world to speak at Duke Law School on comparative law. This first issue of CICLOPs contains the text of the first six lectures, some of them previously published in …

No Future Without (Personal) Forgiveness: Re-Examining The Role Of Forgiveness In Transitional Justice, John D. Inazu

Faculty Scholarship

The role of forgiveness has been much discussed in the literature on transitional justice, but a basic point has been muddled: most acts of forgiveness are inherently personal and cannot be achieved by state actors alone. What I call personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including …

Rethinking The Identity And Role Of United States Attorneys, Sara Sun Beale

Faculty Scholarship

This article considers the proper role of politics in federal prosecutions, and how that bears on the position of the U.S. Attorney. First, the article sets forth an account of the problems disclosed by investigations into the Bush Justice Department, including the controversial firing of nine U.S. Attorneys and claims that particular prosecutions were politically motivated. It then explores the historical development of the role of the U.S. Attorneys, their relationship to the Attorney General and the Department of Justice, and their role in the contemporary federal criminal justice system.

With that background, the article considers the question whether there …

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation James E. Coleman, Jr., James E. Coleman Jr., Angela Davis, Michael Gerhardt, K.C. Johnson, Lyrissa Lidsky, Howard M. Wasserman

Faculty Scholarship

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools ("SEALS") in July 2008 in West Palm Beach, Florida

You’Ve Come A Long Way, Baby: Two Waves Of Juvenile Justice Reforms As Seen From Jena, Louisiana, Sara Sun Beale

Faculty Scholarship

This article describes the origins and impact of two modern reforms that dramatically rewrote the law governing the prosecution of juvenile offenders: the Warren Court’s due process decisions and the juvenile justice legislation of the 1990s. Beginning with the prosecution of Mychal Bell, who was one of the Jena 6, the article provides a broader historical and analytical framework to assess the procedural protections available to juveniles charged with serious offenses, particularly the adequacy of the remedies to challenge prosecutorial discretion and disparate treatment by the prosecution.

The article first describes the key role race played in the Warren Court’s …

After Guantanamo: War, Crime, And Detention, Madeline Morris, Frances A. Eberhard, Michael A. Watsula

Faculty Scholarship

Neither the law of war nor the criminal law, alone or in combination, provides an adequate legal structure for responding to the most serious threats posed by Al Qaeda and similar groups. After identifying the limits of the criminal law and the law of war for these purposes, this article outlines a comprehensive proposal for counterterrorism prosecution and detention policy. Appended to the article is the draft Counterterrorism Detention, Treatment and Release Act. The legislation proposed: 1) defines the category of persons to be subject to detention; 2) delineates procedures for identifying individuals falling within that category; 3) provides a …

Cautiously Optimistic: Economic Liberalization And Reconciliation In Rwanda's Coffee Sector, Karol C. Boudreaux, Puja Ahluwalia

Denver Journal of International Law & Policy

No abstract provided.

Victims' Participation Rights Within The International Criminal Court: A Critical Overview, Miriam Cohen

Denver Journal of International Law & Policy

No abstract provided.

Introduction Essay: International Law Implications Of The United States War On Terror, Ved P. Nanda

Denver Journal of International Law & Policy

No abstract provided.

Like Snow [Falling] On A Branch...: International Law Influences On Death Penalty Decisions And Debates In The United States, Russell G. Murphy, Eric J. Carlson

Denver Journal of International Law & Policy

No abstract provided.

Graduate And Undergraduate Catalog, 2009-2010, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2009-2010 academic year.

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.

In Pursuit Of Justice Prosecuting Terrorism Cases In The Federal Courts - 2009 Update And Recent Developments, James J. Benjamin Jr.

Case Western Reserve Journal of International Law

No abstract provided.

State Of Utah V. Kelly Tyson Davis : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction for Retail Theft With Priors, a 3rd degree felony, in violation of Utah Code Ann. § 76-6-602 (2009), in the Second Judicial District Court, State of Utah, the Honorable Scott M. Hadley, Judge, presiding.

Ricky Angilau V. State Of Utah : Opening Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is the opening brief of Ricky Angilau, who appeals from the denial of his petition for extraordinary relief entered in the Third District Court of Salt Lake County, State of Utah, the Honorable Vernice Trease presiding.

On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner

Barry Law Review

This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.

Keynote Address: The Intra-Executive Separation Of Powers, Paul D. Clement

Emory Law Journal

My focus will be on how executive power is best allocated and divided in discharging one very important executive function, and that is the function dealing with the law and taking care that the law be faithfully executed, principally through the Justice Department. Second, my focus will be practical. There are others on some of the later panels who are better equipped and better able to discuss this as a purely theoretical matter. So one of the things I hope to add is a practical perspective based on the last seven and a half years that I spent in the …

Constitutional Theory And The Future Of The Unitary Executive, Sotirios A. Barber, James E. Fleming

Emory Law Journal

This Essay outlines part of a larger project on executive power. Like that larger work, these remarks are as much about the future of constitutional theory¿the form it should take and the questions it should address¿as they are about the future of the unitary executive.

Respect My Authority! South Park's Expression Of Legal Ideology And Contribution To Legal Culture, Kimberlianne Podlas

Vanderbilt Journal of Entertainment & Technology Law

This Article recognizes that television programs outside of the law genre can engage in legal discourse: to wit, South Park. South Park has been called one of the most profane programs on television, as well as one of the most ideological. Indeed, through sophisticated, no-holds-barred satire, South Park contemplates a number of American culture's most complex and contentious legal issues. This Article systematically analyzes the legal ideologies conveyed by South Park, combining an interpretive ethnographic analysis with quantitative content analyses. Ultimately, these examinations reveal that South Park communicates a libertarian ideology of law. In doing so, however, it does not …

Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise

Cornell Law Faculty Publications

Although few dispute the appellate process's centrality to justice systems, especially in the criminal context, debates over rationales supporting the appellate process's vaunted status in adjudication systems persist. Clearly, it is difficult to overestimate error correction as a justification for an appellate system. Of course, other rationales, such as a desire for lawmaking and legitimacy, also support the inclusion of a mechanism for appellate review in an adjudication system.

Though comparative latecomers, appellate courts are now ubiquitous in the American legal landscape—appellate review exists in state and federal systems for criminal convictions. Despite general agreement and widespread understanding that access …

Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin

Cornell Law Faculty Publications

International criminal law currently lacks a robust procedure for sentencing convicted defendants. Legal scholars have already critiqued the sentencing procedures at the ad hoc tribunals, and the Rome Statute does little more than refer to the gravity of the offense and the individual circumstances of the criminal. No procedures are in place to guide judges in exercising their discretion in a matter that is arguably the most central aspect of international criminal law - punishment. This paper argues that the deficiency of sentencing procedures stems from a more fundamental theoretical deficiency - the lack of a unique theory of punishment …