Digital Commons Network^™

Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith

Kentucky Law Journal

No abstract provided.

Dilemmas Of Justice, Ruti G. Teitel

Other Publications

No abstract provided.

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Aids And The Criminal Justice System: An Annotated Bibliography, John R. Austin, Rebecca S. Trammell

Northern Illinois University Law Review

Part I of this bibliography collects and annotates articles and books that discuss the legal issues that grow out of the impact of HIV infection and disease on the criminal justice system and the criminal law. Part II describes on-line databases, loose-leaf services, periodicals and bibliographies that would also be of interest to the researcher in this area.

A Re-Evaluation Of Alaska’S Plea Bargaining Ban, Teresa White Carns, John Kruse

Alaska Law Review

No abstract provided.

Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan

Michigan Law Review

A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.

Edith Cowan University : Developing A Criminal Justice Research Strategy : A Discussion Document, Rodney Morgan

Research outputs pre 2011

In recent years there has been a concerted effort made by staff within the Edith Cowan University to raise the research profile of the institution. That the University is committed to this endeavour is evidenced by the creation of a research division, the appointment of staff with specific expertise in research design and statistics, the provision of funds to support research projects developed by staff, and seminars on topics such as grantsmanship, research management and proposal writing. The field of justice studies is a potentially rewarding research area within the institution. The courses in justice studies are well established and …

The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle

Faculty Scholarship

The national debate regarding federal habeas corpus for state prisoners is fueled in the main by ideology. To some, the authority of the federal courts to entertain constitutional challenges to state criminal convictions is the embodiment of all that was right about the Warren Court and the vision that Court offered of a meaningful system of American liberty, underwritten by independent federal tribunals willing and able to check the coercive power of government. By this account, the Bill of Rights is the protean source of safeguards for individual freedom - commanding generous, imaginative, and insightful elaboration by federal courts at …

The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth

Research Collection Yong Pung How School Of Law

The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …

Alaska Justice Forum ; Vol. 7, No. 2 (Summer 1990), Ender L. N/A

Vols 01-10 (1977-1994)

The Summer 1990 issue of the Alaska Justice Forum presents findings from a 1989 study of the Alaska bar membership, which analyzed sex-based differences between resident members of the Alaska Bar Association regarding economic and professional status and career path, particularly with regard to the "gender gap" in law practice income. The Bureau of Justice Statistics reports on federal, state, and local government expenditures and employment in civil and criminal justice in fiscal year 1988. Uniform Crime Report figures reported in the FBI's annual Crime in the United States found a slight drop in the crime rate in Alaska between …

A Meaner, More Punitive Nation, Bruce Berner

Law Faculty Publications

No abstract provided.

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …

Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar

Articles

When I graduated from high school in 1961, the "old world" of criminal procedure still existed, albeit in its waning days; when I graduated from law school in 1968, circa the time most of today's first-year law students were arriving on the scene, the "new world" had fully dislodged the old. Indeed, the force of the new world's revolutionary impetus already had crested. Some of the change that the criminal procedure revolution effected was for the better, but much of it, at least as some of us see it, was decidedly for the worse. My students, however, cannot make the …

More Than "Slightly Retro:" The Rehnquist Court's Rout Of Habeas Corpus Jurisdiction In Teague V. Lane, James S. Liebman

Faculty Scholarship

Someone I know, more a student of contemporary fashion than I, sometimes describes people dressed in uniformly dark clothing as "slightly retro." I am not sure of the allusion, but what I can discern leads me to think that the Supreme Court's nonretroactivity decisions beginning with Teague v. Lane are – puns aside – more than just "slightly retro."

The Court's innovation may be stated as follows: For 160 years, Congress empowered federal judges to order state officials to release or retry individuals held in custody in violation of federal law as those federal judges, and not the state officials, …

Foreword: Study On Paths To A Better Way, Warren E. Burger

Duke Law Journal

No abstract provided.

Foreword - The 'Truth In Criminal Justice' Series, Stephen J. Markman

University of Michigan Journal of Law Reform

This special issue of the University of Michigan Journal of Law Reform contains a series of reports-the 'Truth in Criminal Justice' series-that reexamine a variety of basic issues in the law of criminal procedure and evidence. In publishing this series, the editors of the Journal have made an important and timely contribution to the national debate over the character and future development of criminal justice in the United States. There is an abundance of legal writing on criminal justice issues, but relatively little of it concerns increasing the system's effectiveness in bringing criminals to justice or doing justice for the …

Preface, Journal Of Law Reform

University of Michigan Journal of Law Reform

This compilation of articles confronted the Journal with some unusual decisions. In order to present the series accurately, we have retained the original style and source references rather than perform our usual editorial revisions. Thus we did not implement the standard stylistic conventions of the Journal, such as alternating masculine and feminine pronouns. The Foreword and Introduction, however, did receive comprehensive Journal editing, and any variations in style conventions and form were by the request of the authors.

Emotional Justice: Moralizing The Passions Of Criminal Punishment , Samuel H. Pillsbury

Cornell Law Review

No abstract provided.

Is Law Politics?, Philip Chase Bobbitt

Faculty Scholarship

Red, White, and Blue addresses the pervasive presence of five general theories of American constitutional law. These theories reflect particular jurisprudential ideologies governing, among other things, the legitimacy of certain arguments, the appropriateness of certain occasions for judicial intervention and the constitutional basis for judicial review. What makes this book interesting and important is that it provides an unwitting or at least unself-conscious example of the general theorizing it wishes to explain. For this reason, its descriptions of the particular family of theories that characterize American constitutional jurisprudence are distorted, while it disclaims any account of the particular set of …

The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson

Michigan Law Review

A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust

Evaluating The Effectiveness Of The Experiential Learning Model Applied To Instructing Interpersonal Skills To First Year College Students Using Norm-Referenced Tests, Everett L. Gorman

Abraham S. Fischler College of Education ETD Archive

Interpersonal Communication Skills were identified as essential competencies for success and career advancement in the Criminal Justice system. In order to meet this need the Correctional Services Program offers a three credit course entitled, "Human Relations in Criminal Justice." The college and Correctional Services Program, also, have adopted the experiential learning model to enhance the performance of first and second year students in this critical area. Although, the experiential learning approach was chosen as the vehicle for instructing the course in Human Relations, there was a lack of evidence to prove the effectiveness of this learning theory for promoting change …

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …

Probation Officers' Attitudes Towards Criminal Offenders, The Causes Of Crime, And Treatment Programs, Hannelore Watts

UNF Graduate Theses and Dissertations

This study reports on survey research into Florida Probation Officers' attitudes towards the causes of crime, the criminal offender and rehabilitation and treatment. The views on crime and on the offender are shaped by at least three major theoretical perspectives. First, this paper examines whether probation officers identify more with the classical theories, the biological theories or the sociological theories of criminology. Secondly, the probation officers' attitudes toward offenders are examined. For example, do probation officers express any positive opinions about the population they interact with, or do they feel that all offenders are equally bad? The third part of …

When Soldiers Are Defendants, David A. Schlueter

Faculty Articles

In O’Callahan v. Parker, the U.S. Supreme Court adopted a “service connection” requirement for court-martial subject matter jurisdiction. For almost two decades that requirement caused numerous problems of interpretation and application. In Solorio v. United States, the Court overruled its decision in O’Callahan. While assigned to a Coast Guard unit in Juneau, Alaska, the accused committed numerous acts of sexual abuse against two minor daughters of other Coast Guard members. The crimes were not discovered, however, until after he had been transferred to Governors Island, New York, where he committed additional acts of sexual abuse on other daughters of Coast …

Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank

Faculty Articles and Other Publications

During the past several years a variety of victim groups have forced the criminal justice system to pay more attention to the restitution needs of victims! Criminal courts, however, are still limited in the types of restitution they may award. Typically, sentencing judges can award restitution for the whole range of liquidated damages including the value of stolen or destroyed property, medical expenses, and lost past wages. In most jurisdictions, however, criminal courts cannot award restitution for unliquidated damages involving compensation for pain and suffering, or for lost future earning capacity. Crime victims must initiate a civil suit at their …

Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch

Faculty Scholarship

In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …