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Full-Text Articles in Law
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
David C. Brown
Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …
Violence On The Brain: A Critique Of Neuroscience In Criminal Law, Amanda C. Pustilnik
Violence On The Brain: A Critique Of Neuroscience In Criminal Law, Amanda C. Pustilnik
Amanda C Pustilnik
Is there such a thing as a criminally "violent brain"? Does it make sense to speak of "the neurobiology of violence" or the "psychopathology of crime"? Is it possible to answer on a physiological level what makes one person engage in criminal violence and another not, under similar circumstances? This Article first demonstrates parallels between certain current claims about the neurobiology of criminal violence and past movements that were concerned with the law and neuroscience of violence: phrenology, Lombrosian biological criminology, and lobotomy. It then engages in a substantive review and critique of several current claims about the neurological bases …
Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary
Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary
Jodie O'Leary
Recently, New South Wales amended its legislation to provide for judicial discretion when determining, upon request, whether an accused will face a trial by judge alone for indictable criminal matters. This article examines the application of those provisions and comparable legislation in Queensland and Western Australia, revealing an overarching tension as to the correct legal approach. Broadly, there is a dispute over the weight that should be afforded to the accused’s right to choose or whether a presumption of a jury trial exists. Such a conflict arises from the different justifications for jury trials. On the one hand the jury …
The Practice Of Criminal Defense: Principles Of Why We Fight, Beau James Brock, Andre Belanger
The Practice Of Criminal Defense: Principles Of Why We Fight, Beau James Brock, Andre Belanger
Beau James Brock
The eleven principles of why and how we are proud to professionally represent families in need in the practice of criminal law.
Getting To Know Some Of Baton Rouge's Young Public Defenders, Beau James Brock
Getting To Know Some Of Baton Rouge's Young Public Defenders, Beau James Brock
Beau James Brock
Article interviewing some of East Baton Rouge Parish young Public Defenders. Published along with companion article interviewing some of the young Assistant District Attorneys in East Baton Rouge in the same issue of the Around the Bar magazine.
Getting To Know Some Of Baton Rouge's Young Prosecutors, Beau James Brock
Getting To Know Some Of Baton Rouge's Young Prosecutors, Beau James Brock
Beau James Brock
Article on some of our young prosecutors in East Baton Rouge Parish.
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …
Bargaining With Double Jeopardy, Saul Levmore, Ariel Porat
Bargaining With Double Jeopardy, Saul Levmore, Ariel Porat
Ariel Porat
Virtually every burden of proof is influenced by a rule regarding relitigation. In criminal law, the prosecutor is prevented from repeatedly drawing from the urn, as it were, by the double jeopardy rule, which reinforces the beyond-a-reasonable-doubt standard. We suggest that if law were to permit the defendant to waive the double jeopardy protection, private and social benefits might follow. The benefits derive from the likelihood that the prosecutor – like most people who can take a test but once – will overinvest in preparation. Somewhat similarly, though far afield, deficit spending by a legislature might be linked to the …
An Analysis Of State Pretrial Diversion Statutes, Peter Zablotsky
An Analysis Of State Pretrial Diversion Statutes, Peter Zablotsky
Peter Zablotsky
No abstract provided.
Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray
Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray
David C. Gray
How central should hedonic adaptation be to the establishment of sentencing policy? In earlier work, Professors Bronsteen, Buccafusco, and Masur (BBM) drew some normative significance from the psychological studies of adaptability for punishment policy. In particular, they argued that retributivists and utilitarians alike are obliged on pain of inconsistency to take account of the fact that most prisoners, most of the time, adapt to imprisonment in fairly short order, and therefore suffer much less than most of us would expect. They also argued that ex-prisoners don't adapt well upon re-entry to society and that social planners should consider their post-release …
Retributivism For Progressives: A Response To Professor Flanders, David C. Gray, Jonathan Huber
Retributivism For Progressives: A Response To Professor Flanders, David C. Gray, Jonathan Huber
David C. Gray
In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders engages two claims he ascribes to James Q. Whitman: 1) that American criminal justice is too "harsh," and 2) that Americans’ reliance on retributivist theories of criminal punishment is implicated in that harshness. In this invited response, to which Flanders subsequently replied, we first ask what "harsh" might mean in the context of a critique of criminal justice and punishment. We conclude that the most likely candidate is something along the lines of "disproportionate or otherwise unjustified." With this working definition in hand, we measure …
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
Alex Steel
Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …
Both Giving And Taking: Should Misuse Of Atms And Electronic Payment Systems Be Theft, Fraud Or Neither?, Alex Steel
Both Giving And Taking: Should Misuse Of Atms And Electronic Payment Systems Be Theft, Fraud Or Neither?, Alex Steel
Alex Steel
Although transactions via automatic teller machines and other computerised cash payment systems are now very widespread the criminal law relating to their misuse remains confused. Unauthorised withdrawals can be prosecuted as both theft and fraud. By contrast, similar behaviour involving interactions with human tellers is generally not criminal. The result is a deeply flawed and contradictory legal landscape. This article provides an analysis and critique of the case law and legislation that has led to this result and proposes an alternative statutory offence that better reflects the commercial and consumer realities of electronic transactions.
Commercial Fraud: Cases And Commentary (2011 Edition), Alex Steel
Commercial Fraud: Cases And Commentary (2011 Edition), Alex Steel
Alex Steel
This monograph - published online - is a detailed analysis of theft and fraud laws in NSW. It was developed for UNSW Law students because of a lack of any up to date commercially published text on theft and fraud. It contains extracts and commentary on all key offences and caselaw. It has been substantially revised to account the introduction of new fraud offences in NSW in 2010. The law was current as of 2011.
Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart
Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart
Sarah Montana Hart
This article discusses the choice to become a prosecutor, specifically in light of the critics of the profession from writers like Paul Butler and Abbe Smith.