Digital Commons Network^™

Broadly Speaking - March, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Justice For The Forgotten And Despised, David C. Leven

Touro Law Review

No abstract provided.

Why Should Prosecutors "Seek Justice"?, Bruce A. Green

Fordham Urban Law Journal

This article discusses how prosecutors should conduct themselves in light of the principle that has traditionally ben thought to define the prosecutor's professional ethos: "the duty to seek justice." Part I sketches the outlines of this concept, both historically and in its contemporary incarnation. Part II offers two reasons for asking why prosecutors should seek justice. Part III examines alternative justifications for the duty--first, that the duty derives from prosecutors' extraordinary power, and second, that the duty derives from their role on behalf of a sovereign whose own interest is in achieving justice--and explains why the second provides the more …

A Case Against Bringing Monsters To Justice: Pinochet, Deterrence, And Personal Identity, Ibpp Editor

International Bulletin of Political Psychology

This article presents a philosophical psychology case against subjecting former national leaders who allegedly committed atrocities committed while they were in power to adjudication through a criminal or civil justice system.

Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich

All Faculty Scholarship

The daily injustices mount. The front line professionals who administer the system cry out for more discretion to depart from the rigid rules that bind them, Congress finally hears their call, and is poised to enact sweeping reforms.

Are improvements in federal sentencing law on the way? Probably not in the near future. But the new Congress will surely take up proposals to regulate the managed health care industry, and the impending debate over a proposed "Patients' Bill of Rights" law offers important lessons for federal sentencing policy.

At first blush, sentencing reform and health care reform have about as …

Broadly Speaking - October 16, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - August 24, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown

Michigan Law Review

William Stuntz's recent article, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, offers a series of thoughtful observations on the reasons that criminal procedure doctrines designed to protect defendants have done so little to improve the criminal justice system. Stuntz's article describes the unintended effects of attempts by the United States Supreme Court to improve criminal justice by closely regulating criminal procedure. That procedural focus has had perverse effects because, in a dynamic criminal justice system, other institutional players have responded to procedural rules in ways that undermine appellate courts' goals. Specifically, legislatures have reacted by expanding substantive criminal …

Broadly Speaking - April 27, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January 26, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson

Faculty Scholarship

While youth violence has always been a critical part of delinquency, the modern epidemic is marked by high rates of gun violence. Adolescents in cities possess and carry guns on a large scale, guns are often at the scene of youth violence, and guns often are used. Guns play a central role in initiating, sustaining, and elevating the epidemic of youth violence. The demand for guns among youth was fueled by an "ecology of danger," comprising street gangs, expanding drug markets with high intrinsic levels of violence, high rates of adult violence and fatalities, and cultural styles of gun possession …

Minority Over-Representation In The Juvenile Justice System, Shirley G Burgess

UNLV Retrospective Theses & Dissertations

Minority over-representation in the juvenile justice system is a national concern. Research in this area is limited, however, there is indication that minority over-representation, particularly of African-American youth, seems to occur at various stages of juvenile justice processing. It is my belief that once arrested, minority youth are more likely to be certified as an adult than white youth. This paper examines the certification process in Clark County, Nevada, by studying a random sample of 200 cases. The results suggest that this theory holds true. The labeling perspective offers the best explanation of disparate treatment of African-American youth. Discrimination has …

Broadly Speaking - November 19, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Scapegoating The Jury, Clay S. Conrad

Cornell Journal of Law and Public Policy

No abstract provided.

Myth Of Black Juror Nullification: Racism Dressed Up In Jurisprudential Clothing, Elissa Krauss, Martha Schulman

Cornell Journal of Law and Public Policy

No abstract provided.

Broadly Speaking - September 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April 22, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Canadian State Trials, Vol. 1, Michael Boudreau

Dalhousie Law Journal

In a letter to Deputy Judge Advocate Charles Gould, dated 10 April 1762, General Thomas Gage, Commander-in-Chief of British forces in North America, wrote with regard to the proceedings of the general courts martial in Montreal that "it is a Maxim held by all Civilians That no government can subsist without Law." Over half a century later in Bay Roberts, Newfoundland, William Elenes filed an affidavit with the Harbour Grace Sessions Court alleging that a group of men stole some potatoes from his house. "Late in March of [ 1817]," the statement read, "John McGrath with a gun and two …

Broadly Speaking - March 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris

ILSA Journal of International & Comparative Law

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial

Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman

Law and Contemporary Problems

The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America