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Articles 1 - 30 of 34
Full-Text Articles in Law
The Crime Victim’S Expanding Role In A System Of Public Prosecution: A Response To The Critics Of The Crime Victims’ Rights Act, Paul G. Cassell, Steven Joffee
The Crime Victim’S Expanding Role In A System Of Public Prosecution: A Response To The Critics Of The Crime Victims’ Rights Act, Paul G. Cassell, Steven Joffee
NULR Online
The American criminal justice system is often envisioned as one in which public prosecutors pursue public prosecutions on behalf of the public—leaving no room for crime victims’ involvement. However, state and federal statutes and state constitutional amendments have challenged this vision. Perhaps the best example of such a challenge comes from the Crime Victims’ Rights Act (“CVRA”), a federal statute passed by Congress in 2004 that guarantees victims a series of rights in federal criminal proceedings.
Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin
Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin
Journal of Criminal Law and Criminology
No abstract provided.
The Proper Remedy For A Lack Of Batson Findings: The Fall-Out From Snyder V. Louisiana, William H. Burgess, Douglas G. Smith
The Proper Remedy For A Lack Of Batson Findings: The Fall-Out From Snyder V. Louisiana, William H. Burgess, Douglas G. Smith
Journal of Criminal Law and Criminology
No abstract provided.
Everybody’S Got A Price: Why Orange County’S Practice Of Taking Dna Samples From Misdemeanor Arrestees Is An Excessive Fine, Michael Purtill
Everybody’S Got A Price: Why Orange County’S Practice Of Taking Dna Samples From Misdemeanor Arrestees Is An Excessive Fine, Michael Purtill
Journal of Criminal Law and Criminology
No abstract provided.
American Policing At A Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq
American Policing At A Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq
Journal of Criminal Law and Criminology
No abstract provided.
Repudiating Death, William W. Berry Iii
Repudiating Death, William W. Berry Iii
Journal of Criminal Law and Criminology
No abstract provided.
The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports
The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports
Journal of Criminal Law and Criminology
No abstract provided.
A Lie Is A Lie: An Argument For Strict Protection Against A Prosecutor’S Knowing Use Of Perjured Testimony, Charlie Devore
A Lie Is A Lie: An Argument For Strict Protection Against A Prosecutor’S Knowing Use Of Perjured Testimony, Charlie Devore
Journal of Criminal Law and Criminology
No abstract provided.
Foreword, Charlie Devore
Foreword, Charlie Devore
Journal of Criminal Law and Criminology
No abstract provided.
Contemporary Prosecutions Of Civil Rights Era Crimes: An Argument Against Retroactive Application Of Statute Of Limitations Amendments, Michael Rowe
Journal of Criminal Law and Criminology
No abstract provided.
Deviance, Risk, And Law: Reflections On The Demand For The Preventive Detention Of Suspected Terrorists, Joseph Margulies
Deviance, Risk, And Law: Reflections On The Demand For The Preventive Detention Of Suspected Terrorists, Joseph Margulies
Journal of Criminal Law and Criminology
No abstract provided.
The Status Quo Bias And Counterterrorism Detention, Gregory S. Mcneal
The Status Quo Bias And Counterterrorism Detention, Gregory S. Mcneal
Journal of Criminal Law and Criminology
No abstract provided.
Policing The Ratings Agencies: The Case For Stronger Criminal Disincentives In The Credit Rating Market, David A. Maas
Policing The Ratings Agencies: The Case For Stronger Criminal Disincentives In The Credit Rating Market, David A. Maas
Journal of Criminal Law and Criminology
No abstract provided.
“Confronting” Foreign Intelligence: Crawford Roadblocks To Domestic Terrorism Trials, John Scott
“Confronting” Foreign Intelligence: Crawford Roadblocks To Domestic Terrorism Trials, John Scott
Journal of Criminal Law and Criminology
No abstract provided.
Mental Disorder And Criminal Law, Stephen J. Morse
Mental Disorder And Criminal Law, Stephen J. Morse
Journal of Criminal Law and Criminology
No abstract provided.
Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy
Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy
Journal of Criminal Law and Criminology
No abstract provided.
Redistributive Policing, Nirej S. Sekhon
Redistributive Policing, Nirej S. Sekhon
Journal of Criminal Law and Criminology
No abstract provided.
Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer
Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer
Journal of Criminal Law and Criminology
No abstract provided.
Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan
Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan
Journal of Criminal Law and Criminology
No abstract provided.
“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni
“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni
Journal of Criminal Law and Criminology
No abstract provided.
The Evolving International Judiciary, Karen J. Alter
The Evolving International Judiciary, Karen J. Alter
Faculty Working Papers
This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …
The Oberlin Fugitive Slave Rescue: A Victory For The Higher Law, Steven Lubet
The Oberlin Fugitive Slave Rescue: A Victory For The Higher Law, Steven Lubet
Faculty Working Papers
This article tells the story of the Oberlin fugitive slave rescue and the ensuing prosecutions in federal court. The trial of rescuer Charles Langston marked one of the first times that adherence to "higher law" was explicitly raised as a legal defense in an American courtroom. The article is adapted from my book -- Fugitive Justice: Runaways, Rescuers, and Slavery on Trial -- which tells this story (and several others) in much more detail.
In the fall of 1859, John Price was a fugitive slave living in the abolitionist community of Oberlin, Ohio. He was lured out of town and …
Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Morris Mcdonnell
Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Morris Mcdonnell
Faculty Working Papers
Blameworthiness, in the criminal law context, is conceived as the carefully calculated end product of discrete judgments about a transgressor's intentionality, causal proximity to harm, and the harm's foreseeability. Research in social psychology, on the other hand, suggests that blaming is often intuitive and automatic, driven by a natural impulsive desire to express and defend social values and expectations. The motivational processes that underlie psychological blame suggest that judgments of legal blame are influenced by factors the law does not always explicitly recognize or encourage. In this Article we focus on two highly related motivational processes – the desire to …
A Law Of Passion, Not Of Principle, Nor Even Purpose: A Call To Repeal Or Revise The Adam Walsh Act Amendments To The Bail Reform Act Of 1984, Michael R. Handler
A Law Of Passion, Not Of Principle, Nor Even Purpose: A Call To Repeal Or Revise The Adam Walsh Act Amendments To The Bail Reform Act Of 1984, Michael R. Handler
Journal of Criminal Law and Criminology
No abstract provided.
Bark With No Bite: How The Inevitable Discovery Rule Is Undermining The Supreme Court’S Decision In Arizona V. Gant, Scott R. Grubman
Bark With No Bite: How The Inevitable Discovery Rule Is Undermining The Supreme Court’S Decision In Arizona V. Gant, Scott R. Grubman
Journal of Criminal Law and Criminology
No abstract provided.
The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li
The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li
Journal of Criminal Law and Criminology
No abstract provided.
Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster
Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster
Journal of Criminal Law and Criminology
No abstract provided.
Excusing Behavior: Reclassifying The Federal Common Law Defenses Of Duress And Necessity Relying On The Victim’S Role, Monu Bedi
Journal of Criminal Law and Criminology
No abstract provided.
Deadly Dilemmas Iii: Some Kind Words For Preventive Detention, Ronald J. Allen, Larry Laudan
Deadly Dilemmas Iii: Some Kind Words For Preventive Detention, Ronald J. Allen, Larry Laudan
Journal of Criminal Law and Criminology
No abstract provided.
Criminalizing Statements Of Terrorist Intent: How To Understand The Law Governing Terrorist Threats, And Why It Should Be Used Instead Of Long-Term Preventive Detention, Alec Walen
Journal of Criminal Law and Criminology
No abstract provided.