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Articles 31 - 60 of 580
Full-Text Articles in Law
Incarceration American-Style, Sharon Dolovich
Incarceration American-Style, Sharon Dolovich
Georgetown Law Faculty Publications and Other Works
In the United States today, incarceration is more than just a mode of criminal punishment. It is a distinct cultural practice with its own aesthetic and technique, a practice that has emerged in recent decades as a catch-all mechanism for managing social ills. In this essay, I argue that this emergent carceral system has become self-generating—that American-style incarceration, through the conditions it inflicts, produces the very conduct society claims to abhor and thereby guarantees a steady supply of offenders whose incarceration the public will continue to demand. I argue, moreover, that this reproductive process works to create a class of …
Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps
Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps
Nevada Supreme Court Summaries
Appeal from a judgment of conviction for second-degree murder, challenging the district court’s denial of Appellant’s motion to dismiss for pre-indictment delay and Appellant’s motion for certificate of materiality to obtain out-of-state mental health records.
Section 4: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
How (Not) To Think Like A Punisher, Alice G. Ristroph
How (Not) To Think Like A Punisher, Alice G. Ristroph
Georgetown Law Faculty Publications and Other Works
This article examines the several and sometimes contradictory accounts of sentencing in proposed revisions to the Model Penal Code. At times, sentencing appears to be an art, dependent upon practical wisdom; in other instances, sentencing seems more of a science, dependent upon close analysis of empirical data. I argue that the new Code provisions are at their best when they acknowledge the legal and political complexities of sentencing, and at their worst when they invoke the rhetoric of desert. When the Code focuses on the sentencing process in political context, it offers opportunities to deploy both practical wisdom and empirical …
John Contracts Skin Disease At Spa, Donna M. Hughes Dr., Melanie Shapiro Esq
John Contracts Skin Disease At Spa, Donna M. Hughes Dr., Melanie Shapiro Esq
Donna M. Hughes
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
All Faculty Scholarship
In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …
A Critical Introduction To The Symposium, Kyron Huigens
A Critical Introduction To The Symposium, Kyron Huigens
University of Michigan Journal of Law Reform
Introduction for a symposium issue in reply to Reid Fontaine's article "Adequate (Non)Provocation and Heat of Passion as Excuse Not Justification."
Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine
Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine
University of Michigan Journal of Law Reform
For a number of reasons, including the complicated psychological makeup of reactive homicide, the heat of passion defense has remained subject to various points of confusion. One persistent issue of disagreement has been the justificatory versus excusatory nature of the defense. In this Article, I highlight and categorize a series of varied American homicide cases in which the applicability of heat of passion was supported although adequate provocation (or significant provocation by the victim) was absent. The cases are organized to illustrate how common law heat of passion may apply in instances in which there is no actual provocation or …
The Values Of Interdisciplinarity In Homicide Law Reform, Robert Weisberg
The Values Of Interdisciplinarity In Homicide Law Reform, Robert Weisberg
University of Michigan Journal of Law Reform
Professor Reid Fontaine's article, Adequate (Non)Provocation and Heat of Passion as Excuse Not Justification, makes a convincing case for treating heat of passion wholly as an excuse not a justification, as the only sensible way to comprehend its various forms. In doing so, Professor Fontaine stimulates further thinking about heat of passion doctrine, along two dimensions.
Unjustified: The Practical Irrelevance Of The Justification/Excuse Distinction, Gabriel J. Chin
Unjustified: The Practical Irrelevance Of The Justification/Excuse Distinction, Gabriel J. Chin
University of Michigan Journal of Law Reform
In recent decades, the distinction between justification and excuse defenses has been a favorite topic of theorists of philosophy and criminal law. Notwithstanding the impressive intellectual efforts devoted to the task, no single scholar or viewpoint appears to be on the verge of generating practical consensus about the concepts of justification and excuse, categorization of the defenses, or categorization of difficult individual cases. This Essay suggests that none of these goals can be usefully advanced through the justification/excuse distinction.
Misunderstanding Provocation, Samuel H. Pillsbury
Misunderstanding Provocation, Samuel H. Pillsbury
University of Michigan Journal of Law Reform
Provocation is and always has been a compromise rule whose success depends on its ability to appeal to all ideological constituencies, and therefore will always-as long as it lasts-resist the final categorization that this question seeks. As long as provocation involves an inquiry into reasonableness, it will include considerations of justification. As long as it provides for mitigation of punishment based on the difficulty of resisting temptations to violence inspired by strong emotion, it will speak to considerations of excuse.
How Not To Argue That Reasonable Provocation Is Not An Excuse, Peter K. Westen
How Not To Argue That Reasonable Provocation Is Not An Excuse, Peter K. Westen
University of Michigan Journal of Law Reform
Reid Fontaine draws two conclusions regarding the partial defense to murder of reasonable provocation-one regarding its substantive content, the other regarding its formal classification…. I agree with both of Fontaine's two conclusions, and, indeed, I have previously written to that effect. Unfortunately, while I agree with Fontaine's conclusions, I do not think he adequately supports them.
On Passion's Potential To Undermine Rationality: A Reply, Reid Griffith Fontaine
On Passion's Potential To Undermine Rationality: A Reply, Reid Griffith Fontaine
University of Michigan Journal of Law Reform
This Reply is organized into several sections. Following the Introduction, I respond to my six distinguished commentators. In Section II, I consider Professor Chin's concern that the distinction between justification and excuse bears no practical relevance for the criminal law. In Section III, I respond to Professor Baron's argument that reasonable mistake of fact is consistent with justification-a view, she observes, that is generally reflected in the criminal law. Building on the discussion of whether mistake and justification are compatible, Section IV addresses Professor Pillsbury's treatment of heat of passion as a hybrid defense that uniquely incorporates components of both …
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Scholarly Publications
Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …
Reasonableness As A Rule: A Paean To Justice O'Connor's Dissent In Atwater V. City Of Lago Vista, Wayne A. Logan
Reasonableness As A Rule: A Paean To Justice O'Connor's Dissent In Atwater V. City Of Lago Vista, Wayne A. Logan
Scholarly Publications
This paper, part of a symposium dedicated to “great” Fourth Amendment dissents, examines Justice Sandra Day O’Connor's dissent in Atwater v. City of Lago Vista (2001), where by a 5-4 vote the Court upheld the constitutionality of warrantless police arrests for non-breach of the peace, fine-only offenses. In addition to rightfully condemning the majority's decision to equate probable cause with constitutional reasonableness, in principle, Justice O’Connor presciently recognized the numerous liberty and privacy-restricting consequences of the outcome for the “everyday lives of Americans.” Atwater, combined with decisions issued before and after it, including Whren v. United States, Devenpeck …
Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain
Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain
All Faculty Scholarship
Judges in domestic cases often underestimate the risk to a mother and her children that an angry and abusive father or other intimate partner poses. In a recent Maryland case, for example, two judges refused to deny a father visitation or require that visitation be supervised, despite the fact that the father had threatened suicide. During the father’s unsupervised visitation, he drowned all three of his children, then attempted to kill himself.
The Danger Assessment tool (the D.A.) developed by a Johns Hopkins Nursing professor and validated by herself and other social scientists shows how much the father’s thoughts of …
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Law Faculty Scholarly Articles
Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …
Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos
Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos
Cornerstone 3 Reports : Interdisciplinary Informatics
No abstract provided.
Corporate Criminal Liability And The Potential For Rehabilitation, Peter J. Henning
Corporate Criminal Liability And The Potential For Rehabilitation, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
Indiana Law Journal
No abstract provided.
The Provocation Defense And The Nature Of Justification, Marcia Baron
The Provocation Defense And The Nature Of Justification, Marcia Baron
University of Michigan Journal of Law Reform
In this Essay, I evaluate the evidence of "adequate nonprovocation” that Fontaine puts forward to show that the heat of passion defense is decidedly an excuse (more precisely, a partial excuse). I will be focusing my remarks on the traditional heat of passion defense.
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
William & Mary Law Review
Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …
The Irreducibly Normative Nature Of Provocation/Passion, Stephen J. Morse
The Irreducibly Normative Nature Of Provocation/Passion, Stephen J. Morse
University of Michigan Journal of Law Reform
I agree with Professor Fontaine that provocation/passion is best interpreted as a partial excuse, but the ground for my conclusion is normative and not analytic. Indeed, I fear that he has not made the analytic case in large part because he begs a question about failed justifications that has only a normative and not an analytic answer. This Essay first briefly provides my own understanding of provocation/ passion. In the course of doing so, I address Professor Fontaine's argument that provocation/passion should also be applied to people with provocation interpretational bias. I then turn to why Fontaine's case for …
Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr.
Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr.
Donna M. Hughes
Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi
Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi
Nevada Supreme Court Summaries
An appeal from a judgment of conviction in the Eighth Judicial District Court, pursuant to a jury verdict, of one count of open or gross lewdness, three counts of lewdness with a child under the age of fourteen, and six counts of visual representation depicting sexual conduct of a person under the age of sixteen.
Senate Prostitution Bill Weakens Law, Jim Meyen, Donna M. Hughes Dr.
Senate Prostitution Bill Weakens Law, Jim Meyen, Donna M. Hughes Dr.
Donna M. Hughes
No abstract provided.
Individual Liability Of Company Officers, Neil J. Foster
Individual Liability Of Company Officers, Neil J. Foster
Neil J Foster
It has been recognised for some time that a key strategy in changing corporate behaviour is the possibility of personal liability being sheeted home to individual company officers. This paper argues for the desirability of laws imposing personal liability, discusses the operation of law imposing such liability in the law of occupational health and safety in the UK, and compares that law with the operation of similar law in another common law jurisdiction, the Australian State of New South Wales. It is hoped that the comparison and review of the fairly extensive case law which has developed under the NSW …
Life Is Precious, Donna L. Landry, Donna M. Hughes Dr.
Life Is Precious, Donna L. Landry, Donna M. Hughes Dr.
Donna M. Hughes
The Stockley Verdict: An Explainer, Chad Flanders
The Stockley Verdict: An Explainer, Chad Flanders
All Faculty Scholarship
The purpose o f this document is to help explain some o f the existing Missouri law that Judge Wilson used in his opinion. It does not take a side on the opinion itself. At the end o f the day, the decision Judge Wilson made was based on his call on various disputed factual questions. The law was not, for the most part, at issue. I attempt only to describe the legal framework within with Judge Wilson decided the case; not to support or to criticize his verdict. Each person will ultimately have to make his or her own …
Levesque Misrepresents View Of Laura Lederer, Donna M. Hughes Dr.