Digital Commons Network^™

New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson

Pace Law Review

No abstract provided.

Reconstructing Justice In The Land : How Urban Evangelical Congregations In Cotonou And Porto-Novo Can Respond To The Escalating Phenomenon Of Antisocial Behaviors, Mathieu Segbegnon Gnonhossou

ATS Dissertations

No abstract provided.

The Icc In Darfur-Savior Or Spoiler?, Philipp Kastner

ILSA Journal of International & Comparative Law

As we have witnessed since the beginning of the 1990s, international law, in particular international criminal justice, can have a significant impact on the peace process and the reconciliation of societies in post-conflict periods.

The Family Justice Center Collaborative Model, Casey Gwinn, Gael Strack, Susan Adams, Rebecca Lovelace, Deborah Norman

Saint Louis University Public Law Review

No abstract provided.

Examining The Use Of Restorative Justice Practices In Domestic Violence Cases, Judge Bennett Burkemper, Nina Balsam

Saint Louis University Public Law Review

No abstract provided.

Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price

Law Faculty Scholarly Articles

The purpose of this Article is not to answer the question of whether the death penalty is an appropriate punishment for genocide. One could safely argue that there is an emerging norm in international law against the death penalty, but individual countries have maintained their right to use the death penalty and continue to do so in code and in practice. This Article, using Rwanda as a case study, evaluates the real outcomes of such discrepancies in punishment at the domestic and international level, and the ability of both approaches to bring justice to the victims of genocide. Both domestic …

Busting The Bandito Boyz: Militarism, Masculinity, And The Hunting Of Undocumented Persons In The U.S.-Mexico Borderlands, Robert F. Castro

Journal of Hate Studies

“Bandito heroes flourish in many cultures because they symbolize a virtually universal belief: that at times it’s necessary to break the law in order to obtain justice,” writes historian Paul Vanderwood (1992, p. xix). The idea of justice does seem to animate many of the stories associated with the borderlands’ most famous outlaws. For example, retaliatory justice appears to be at the heart of the literal violence that Joaquin Murrieta inflicted on California Anglos during the nineteenth century. Joaquin Murrieta became famous for his lightning-fast robberies and bloody assaults in California during the 1850s Gold Rush. Reportedly, Murrieta was set …

“Respectful Consideration” After Sanchez-Llamas V. Oregon: Why The Supreme Court Owes More To The International Court Of Justice, Steven Arrigg Koh

Faculty Scholarship

This Note argues that the doctrine of “respectful consideration” has emerged as little more than a hollow acknowledgement of the ICJ before the Court engages in its own independent interpretation of the Vienna Convention. It further argues that, while the ICJ has no actual legal authority to interpret the Vienna Convention from the U.S. domestic perspective, the Supreme Court should nonetheless treat ICJ decisions with greater deference. Specifically, Justice Stephen Breyer’s test from his Sanchez-Llamas dissent accords the proper level of deference by permitting, in limited circumstances, the remedies of suppression of the evidence and exceptions to state procedural default …

The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Bruce P. Archibald, Jennifer J. Llewellyn

Dalhousie Law Journal

The Nova Scotia Restorative Justice Program ("NSRJ") is one of the oldest and by all accounts the most comprehensive in Canada. The program centres on youth justice, and operates through referrals by police, prosecutors, judges and correctional officials to community organizations which facilitate restorative conferences and other restoratively oriented processes. More than five years of NSRJ experience with thousands of cases has led to a considerable rethinking of restorative justice theory andpractice in relation to governing policies, standards for program implementation and responses to controversial issues. The purpose of this paper is to explore the significance of the Nova Scotia …

The Media As Participants In The International Legal Process, Monica Hakimi

Duke Journal of Comparative & International Law

No abstract provided.

How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers

Other resources

This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights.

This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of the …

Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson

Law Faculty Scholarly Articles

The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …

On Justitia, Race, Gender, And Blindness, I. Bennett Capers

Michigan Journal of Race and Law

This Essay focuses on Justitia's more problematic attributes. Like Justitia's blindfold, which has been described as "the most enigmatic" of her traits. Is the blindfold merely emblematic of Justitia's purported impartiality, her claim to algorithmic justice? As law professor Costas Douzinas and art historian Lynda Nead have asked, does the blindfold enable Justitia "to avoid the temptation to see the face that comes to the law and put the unique characteristics of the concrete person before the abstract logic of the institution"? Or does the blindfold signify something more, a second sight of sorts? Maybe that Justitia, unable to see, …

An Excuse-Centered Approach To Transitional Justice, David Gray

Fordham Law Review

No abstract provided.

Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich

Dalhousie Law Journal

There is a growing disconnect and alienation between lawyers and the legal profession in Canada. One cause, which is the focus ofthe article, is philosophical in nature. There appears to be a disconnect between the role lawyers want to pursue (i.e., a facilitator of justice) and the role that they perceive the profession demands they play (i.e., a hired gun). The article argues that this perception is a mistaken one. Over the last fifteen years, we have been engaged in a process of role morality reconstruction. Under this reconstructed institutional role, an ethic of client-centred zealous advocacy has slowly begun …

Justifying Restorative Justice: A Theoretical Justification For The Use Of Restorative Justice Practices, Zvi D. Gabbay

Journal of Dispute Resolution

This paper analyzes the premises of the two main theories of punishment that influence sentencing policies in most Western countries-retributivism and utilitarianism-and compares them to the basic values that structure the restorative justice theory. It then makes clear distinctions between restorative justice and the rehabilitative ideal and addresses the criticism that, like rehabilitation, restorative justice results in different punishments to equally culpable offenders. The paper concludes that restorative justice does not contradict retribution and utility as theoretical justifications for penal sanctioning. Moreover, it suggests that restorative practices rehabilitate the basic notions of retribution and deterrence that have been neglected in …

Flouting The Law, Janice Nadler

Public Law and Legal Theory Papers

What happens when a person's common-sense view of justice diverges from the sense of justice he or she sees enshrined in particular laws? In particular, does the perception of one particular law as unjust make an individual less likely to comply with unrelated laws? This Article advances the Flouting Thesis - the idea that the perceived legitimacy of one law or legal outcome can influence one's willingness to comply with unrelated laws - and provides original experimental evidence to support this thesis. The results suggest that willingness to disobey the law can extend far beyond the particular unjust law in …

The Epistemological Argument Against Desert, Jeffrey Moriarty

Philosophy Faculty Publications

Most contemporary political philosophers deny that justice requires giving people what they deserve. According to a familiar anti-desert argument, the influence of genes and environment on people's actions and traits undermines all desert-claims. According to a less familiar – but more plausible – argument, the influence of genes and environment on people's actions and traits undermines some desert-claims (or all desert-claims to an extent). But, it says, we do not know which ones (or to what extent). This article examines this ‘epistemological’ argument against desert. It gives reason to believe that it fails, emphasizing the importance of justice relative to …

Modes Of Participation In Mass Atrocity, Mark J. Osiel

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author addresses the choice between "command responsibility" & "participation in a joint criminal enterprise" in mass atrocity to argue that the International Criminal Tribunal on the former Yugoslavia (ICTY) makes liability under command responsibility too difficult to prosecute. Analysis of the incentives of prosecutors & the limitations of the binary character of liability delineates the difficulties of linking perpetrators & accessories. The US posture toward enterprise participation is discussed in terms of national versus international prosecutors & superior responsibility. A discussion of the domestic politics of international …

Human Rights Investigation And Dialogue, Bronwyn Leebaw

Human Rights & Human Welfare

A review of:

Shattered Voices: Language, Violence, and the Work of Truth Commissions by Teresa Godwin Phelps. Philadelphia, PA: University of Pennsylvania Press, 2004. 180pp.

and

International Citizens’ Tribunals: Mobilizing Public Opinion to Advance Human Rights by Arthur Jay Klinghofer and Judith Apter Klinghofer. New York, NY: Palgrave, 2002. 272pp.

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson

Michigan Journal of Race and Law

Part I of this Article uses a quasi-parable, in which Dorothy Brown is a Tibetan Master who teaches law students CRT Kung Fu, the monastic fighting skills by which they will acquire the Shadow's mystical insight to "know" the heart of the first-year curriculum. Part II challenges the organizing principles and content on which Brown's Critical Race Theory purports to critically interrogate traditional legal doctrine, applying a New Age Philosophical critique as well as agency theory to crack dealing in Spanish Harlem. I use this case study to argue that crack dealers deliberately and purposefully choose extra-legal economic opportunities, even …

Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie

Michigan Journal of Race and Law

This essay posits that Critical Race Theory (CRT) must operate at both the "idealist" and "materialist" levels. Although the emphasis may be in one direction or another at particular times, both domains are continually engaged. This essay links the debate between the "materialist" and "idealist" views to another central theme within CRT, which is the need for "justice" and how the law relates to justice. This essay focuses on the contemporary debate surrounding the status of Native Hawaiians to show how "race" is being used to construct the civil and political rights of Native Hawaiian people. CRT is a jurisprudence …

Does The Type Of Legal Representation Affect Sentencing Outcomes?, Lawren Elaine Hill

Honors Papers

This paper examines the potential differences in sentencing outcomes for public defenders compared with private attorneys. I explore the economic literature for explanations, implications, and results. There is a need for extensive research within the field of economics to provide empirical results to offset the mostly game-theoretically dominated discussion of the criminal justice system. The results are inconclusive due to a lack of statistical significance and potential selection bias in the data. Future research relating to this study is also discussed.

An Observational Study Of Bail Decision-Making, Alfred Allan, Maria Allan, Margaret Giles, Deirdre Drake, Irene Froyland

Research outputs pre 2011

Pre-trial detention of defendants has important legal, human rights and practical implications for defendants, their families, and society and therefore the area justifies research scrutiny. However, there is a dearth of empirical studies of bail decision-making and most of them have been retrospective studies. Prior studies have nevertheless identified a number of purported shortcomings in bail legislation and decision-making. The rarely used observational methodology employed in this study provided data that are not normally available from official records. The first appearances of 648 defendants were observed in the lower courts in metropolitan Perth (Western Australia) to identify factors that play …

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

The Criminal Defence Lawyer's Role, David Layton

Dalhousie Law Journal

Defence lawyers often fight to prevent the conviction of people who have committed serious crimes. How can this role be justified? In providing his answer the author generally accepts the traditional view of criminal lawyering according to which defence counsel "does good" by ensuring that the state does not obtain a conviction in the absence of proof beyond a reasonable doubt based on admissible and reliable evidence Ethical advocacy in the criminal context is thus heavily influenced by a conception of justice that includes not only the search for truth but also due process rights for accused persons. The author …

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

Political Justice: Sub-National Determinants Of Judicial Efficiency In Mexico, 1993-2000, Matthew Ingram

Research Papers

Judicial efficiency can be engineered. Although there are several significant determinants of judicial efficiency that are, relatively speaking, out of the control of policy makers and politicians, this research argues that institutional design is a critical variable over which there is substantial control. In this quantitative study of the judiciary in 11 Mexican states, institutional design is a strong predictor of judicial efficiency . Design choices promise to yield substantive improvements in the efficiency of judicial institutions. Judicial efficiency , in turn, facilitates the vindication of rights in democratic countries and promises to promote the consolidation of democracy. Furthermore, these …

The Missouri Battered Women’S Clemency Coalition: A Collaborative Effort In Justice For Eleven Missouri Women, Bridget B. Romero, Jennifer Collins, Carrie Johnson, Jennifer Merrigan, Lynne Perkins, Judith Sznyter, Lisa Dale May

Saint Louis University Public Law Review

No abstract provided.