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Full-Text Articles in Law

Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins Sep 2012

Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins

West Virginia Law Review

How can capital defense lawyers craft narratives that neutralize jurors' unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …


The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg Apr 2012

The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg

West Virginia Law Review

No abstract provided.


Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney Jan 2012

Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney

West Virginia Law Review

No abstract provided.


The Early Demise Of Early Release, Cecelia Klingele Jan 2012

The Early Demise Of Early Release, Cecelia Klingele

West Virginia Law Review

Reversing the tough-on-crime policies that have defined American criminal justice for the past two decades, cash-strapped states across the nation have begun reducing the number of people they confine in prisons and jails. In their efforts to reduce correctional populations, numerous states have passed laws that allow parole boards, prison officials, or judges to shorten the sentences of people already serving time in custody. These so-called "early release" laws have proven highly controversial and in at least three states have been repealed outright. In others, they remain on the books but have provided less savings than anticipated because of the …