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Articles 1 - 24 of 24
Full-Text Articles in Law
Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons
Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons
The Catholic Lawyer
No abstract provided.
Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr.
Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr.
The Catholic Lawyer
No abstract provided.
Smashing The Tragic Illusion Of Justice: The Reprehensibility Of The Death Penalty In Virginia, Meagan E. Costello
Smashing The Tragic Illusion Of Justice: The Reprehensibility Of The Death Penalty In Virginia, Meagan E. Costello
The Catholic Lawyer
No abstract provided.
Capital Punishment In The Age Of Terrorism, Norman L. Greene, Norman Redlich, David Bruck, Paul Saunders, Richard Weisberg, Kenneth Roth
Capital Punishment In The Age Of Terrorism, Norman L. Greene, Norman Redlich, David Bruck, Paul Saunders, Richard Weisberg, Kenneth Roth
The Catholic Lawyer
No abstract provided.
Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap.
Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap.
The Catholic Lawyer
No abstract provided.
Symbols, Slogans, And Cymbals Of Criminal Justice: Where's The Substance?, Honorable Joseph W. Bellacosa
Symbols, Slogans, And Cymbals Of Criminal Justice: Where's The Substance?, Honorable Joseph W. Bellacosa
The Catholic Lawyer
No abstract provided.
Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas
Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas
St. John's Law Review
(Excerpt)
This Article proceeds as follows. Part I begins by explaining deterrence theory in more detail. It follows with an overview of the debate surrounding the ability of international criminal tribunals and the ICC to produce a deterrent effect.
In Part II, we advance our argument regarding the need to reframe the debate about the ICC’s potential to deter. We explain the reasons why the ICC’s deterrent effect must be unpacked and, in doing so, we describe several factors that influence whether and under what conditions the ICC should or should not be able to deter. In Part III, we …
How To Read International Criminal Law: Strict Construction And The Rome Statute Of The International Criminal Court, Caroline Davidson
How To Read International Criminal Law: Strict Construction And The Rome Statute Of The International Criminal Court, Caroline Davidson
St. John's Law Review
(Excerpt)
The Article proceeds in four parts. Part I introduces the Rome Statute’s provision on nullum crimen sine lege, focusing in particular on its requirements that judges strictly construe crime definitions, construe ambiguous provisions in favor of defendants, and avoid crime creation by analogy. It offers working definitions for relevant concepts and describes some of the difficulties in applying them, particularly in light of the Rome Statute’s provision setting out the sources of law the court is to consider. Part II asks whether strict construction makes sense in the context of international crimes. It assesses the values that undergird the …
Your Bodies, Ourselves: Legal Protection Of Potential Human Life, Jeffery A. Parness
Your Bodies, Ourselves: Legal Protection Of Potential Human Life, Jeffery A. Parness
The Catholic Lawyer
No abstract provided.
People V. Eulo: New York Adopts The Brain Death Standard For Homicide Cases
People V. Eulo: New York Adopts The Brain Death Standard For Homicide Cases
The Catholic Lawyer
No abstract provided.
We Need To Talk About Police Disciplinary Records, Kate Levine
We Need To Talk About Police Disciplinary Records, Kate Levine
Faculty Publications
In March 2017, an employee of New York’s Civilian Complaint Review Board leaked the disciplinary record of Daniel Pantaleo to the media. Pantaleo, the police officer who choked Eric Garner to death in the video that went public and horrified many citizens, is under federal investigation after a Staten Island grand jury refused to indict him for Garner’s death. Legal Aid Society attorneys had unsuccessfully sought the release of his records in the courts for years. The leak of his records is the public face of an important but rarely discussed issue facing police, legislators, judges, lawyers, and scholars who …
The Felony-Murder Rule: In Search Of A Viable Doctrine, Jeanne Hall Seibold
The Felony-Murder Rule: In Search Of A Viable Doctrine, Jeanne Hall Seibold
The Catholic Lawyer
No abstract provided.
People V. Selikoff: The Route To Rational Plea Bargaining, John F. Byrne
People V. Selikoff: The Route To Rational Plea Bargaining, John F. Byrne
The Catholic Lawyer
No abstract provided.
Crime And The Law: Sociologico-Legal Observations, Wenceslas J. Wagner
Crime And The Law: Sociologico-Legal Observations, Wenceslas J. Wagner
The Catholic Lawyer
No abstract provided.
Kastigar V. United States: The Immunity Standard Redefined, Richard Mcmahon
Kastigar V. United States: The Immunity Standard Redefined, Richard Mcmahon
The Catholic Lawyer
No abstract provided.
When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court, Ronald G. Russo
When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court, Ronald G. Russo
The Catholic Lawyer
No abstract provided.
Toward Improving Policing In African American Communities, Melvin L. Otey
Toward Improving Policing In African American Communities, Melvin L. Otey
Journal of Civil Rights and Economic Development
(Abstract)
The distressed state of police relations with African American communities has enraptured national and international attention recently. Demonstrations and protests have persisted while pundits and interested parties have debated the matter in public and private spheres. No one can deny that disturbing problems exist, and reasonable people recognize that contributing factors are stubborn and complex. This article briefly surveys the environmental circumstances that have given rise to recent troubles in New York City, New York; Ferguson, Missouri; Cleveland, Ohio; and Baltimore, Maryland, because they are illustrative of similar troubles in many African American communities nationwide. The article then proffers …
Purpose-Focused Sentencing: How Reforming Punishment Can Transform Policing, Jelani Jefferson Exum
Purpose-Focused Sentencing: How Reforming Punishment Can Transform Policing, Jelani Jefferson Exum
Journal of Civil Rights and Economic Development
(Excerpt)
This Essay proposes “purpose-focused sentencing” as a means of remedying the over-incarceration of blacks, thereby combatting attitudes about crime and black criminality, and in turn, affecting how police see and treat blacks. The goal is to reduce the racial disparity in incarceration, not solely through an overall lessened reliance on prisons and jails, but also by assessing and identifying appropriate sentences to fulfill criminal justice purposes. Once those purposes - deterrence, rehabilitation, incapacitation, and retribution - are identified and assessed, there will not be room to justify disparities in sentencing attributable only to the race of the defendant. All …
Regulating Stop And Frisk In New York City, Edwar Estrada
Regulating Stop And Frisk In New York City, Edwar Estrada
Journal of Civil Rights and Economic Development
No abstract provided.
Unprecedented Infringement: Debunking The Constitutionality Of Dna Collection From Mere Arrestees In Light Of Maryland V. King, Christen Giannaros
Unprecedented Infringement: Debunking The Constitutionality Of Dna Collection From Mere Arrestees In Light Of Maryland V. King, Christen Giannaros
Journal of Civil Rights and Economic Development
No abstract provided.
Dismissals As Justice, Anna Roberts
Dismissals As Justice, Anna Roberts
Faculty Publications
More than a third of our states have given judges a little-known power to dismiss prosecutions, not because of legal or factual insufficiency, but for the sake of justice. Whether phrased as dismissals “in furtherance of justice” or dismissals of de minimis prosecutions, these exercises of judicial power teach two important lessons.
First, judges exercising these dismissals are rebutting the common notion that in the face of over-criminalization and over-incarceration they are powerless to do more than rubber-stamp prosecutorial decision making. In individual cases, they push back against some of the most problematic aspects of our criminal justice system: its …
Giving Guidance To The Guidelines, Jelani Jefferson Exum
Giving Guidance To The Guidelines, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
Throughout the country, we are seeing sentencing reform efforts reshape the way resources are being used to control crime and punish offenders. Fueled mostly by the practical challenges of overcrowded prisons and mounting costs, lawmakers have been willing to amend existing law in order to reduce incarceration for low-level, nonviolent offenders. This same effort at being "smart on crime" has been embraced by the federal government as well. While most of these changes are in the form of changes to mandatory minimum laws, the use of evidence-based sentencing practices, and a focus on diversion and re-entry programs, the role …
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Faculty Publications
In dealing with the recently publicized instances of police officers' use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police–the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor's office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor's efforts in presenting evidence for an indictment. Still …
Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform, Jelani Jefferson Exum
Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
We are in an era of “Smart on Crime” sentencing reform. Several states and the federal government have made major changes to their sentencing policies—from reducing the incarceration of low-level, nonviolent drug offenders to the use of evidence-based sentencing to focus the most severe punishments on those who are at the greatest risk of recidivism. Often, today’s reform efforts are spoken about in terms of being fiscally responsible while still controlling crime. Though such reform efforts do not explicitly acknowledge purposes of punishment—such as retribution, incapacitation, rehabilitation, or deterrence—an undercurrent running through all of these reforms is an effort …