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Full-Text Articles in Law
Punitive Compensation, Cortney E. Lollar
Punitive Compensation, Cortney E. Lollar
Law Faculty Scholarly Articles
Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses, not a defendant's …
What Is Criminal Restitution?, Cortney E. Lollar
What Is Criminal Restitution?, Cortney E. Lollar
Law Faculty Scholarly Articles
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …
Child Pornography And The Restitution Revolution, Cortney E. Lollar
Child Pornography And The Restitution Revolution, Cortney E. Lollar
Law Faculty Scholarly Articles
Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article offers the first critique of this restitution revolution. Traditional restitution is grounded in notions of unjust enrichment and seeks to restore the economic status quo between parties by requiring disgorgement of ill-gotten gains. The restitution being ordered in increasing numbers of child pornography cases does not serve this purpose. Instead, child pornography victims are receiving restitution simply for having their images viewed. This royalty-type approach …
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …
The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland
The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland
Kentucky Law Journal
No abstract provided.