Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (256)
- The University of Akron (148)
- SelectedWorks (64)
- Northwestern Pritzker School of Law (44)
- American University Washington College of Law (28)
-
- University of Georgia School of Law (26)
- University of Richmond (26)
- Roger Williams University (24)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (21)
- Pace University (19)
- University of Pennsylvania Carey Law School (18)
- Fordham Law School (17)
- Case Western Reserve University School of Law (16)
- UIC School of Law (16)
- University of Michigan Law School (16)
- William & Mary Law School (13)
- Washington and Lee University School of Law (12)
- Georgetown University Law Center (11)
- The Catholic University of America, Columbus School of Law (11)
- University of Florida Levin College of Law (11)
- Maurer School of Law: Indiana University (10)
- Mitchell Hamline School of Law (10)
- Texas A&M University School of Law (10)
- Florida State University College of Law (9)
- Loyola University Chicago, School of Law (9)
- New York Law School (9)
- Osgoode Hall Law School of York University (9)
- St. John's University School of Law (9)
- Brooklyn Law School (8)
- Schulich School of Law, Dalhousie University (8)
- Keyword
-
- Criminal law (124)
- Criminal Law (59)
- Criminal Law and Procedure (53)
- Sentencing (38)
- Punishment (36)
-
- Death penalty (35)
- Evidence (35)
- Criminal procedure (31)
- Crime (26)
- Due process (22)
- Fourth Amendment (20)
- Constitutional Law (19)
- Criminal (18)
- Criminal justice (17)
- Police (17)
- Race (17)
- Capital punishment (16)
- Eighth Amendment (15)
- Constitutional law (14)
- Domestic violence (14)
- Execution (14)
- Jurisprudence (14)
- Law and Society (14)
- Rape (14)
- Sixth amendment (14)
- Violence (14)
- Supreme Court (13)
- Human Rights Law (12)
- Judges (12)
- Privacy (12)
- Publication
-
- Akron Law Review (147)
- Faculty Scholarship (42)
- Journal of Criminal Law and Criminology (32)
- All Faculty Scholarship (22)
- Criminal Law Practitioner (18)
-
- Life of the Law School (1993- ) (16)
- Timothy P. O'Neill (15)
- War Crimes Memoranda (15)
- Georgia Journal of International & Comparative Law (14)
- Nevada Supreme Court Summaries (13)
- Faculty Publications (12)
- UIC Law Review (12)
- University of Richmond Law Review (12)
- Articles (11)
- Fordham Law Review (11)
- Georgetown Law Faculty Publications and Other Works (11)
- Pace Law Review (11)
- Valerie P. Hans (11)
- Andrea D. Lyon (10)
- Robert M. Sanger (10)
- Journal Articles (9)
- Law Faculty Publications (9)
- Popular Media (9)
- St. John's Law Review (9)
- Thomas D. Lyon (9)
- William Mitchell Law Review (9)
- Florida Law Review (8)
- NYLS Law Review (8)
- Northwestern University Law Review (8)
- Scholarly Articles (8)
- Publication Type
Articles 31 - 60 of 1121
Full-Text Articles in Law
Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo
Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo
¿Qué sentido tiene que la oficial americana inculpe a un musulmán de un ilícito que posiblemente no cometió? ¿Qué sentido tiene generar un conflicto con los musulmanes, si la Santa Sede mantiene un diálogo interreligioso, respetuoso y pacífico con los musulmanes?
How The Justice System Fails Us After Police Shootings, Caren Morrison
How The Justice System Fails Us After Police Shootings, Caren Morrison
Caren Myers Morrison
No abstract provided.
Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law
Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Amicus Brief In Terrance Williams V Pennsylvania, Lawrence J. Fox
Amicus Brief In Terrance Williams V Pennsylvania, Lawrence J. Fox
Amicus Briefs
No abstract provided.
Schools Fail To Get It Right On Rap Music, Andrea L. Dennis
Schools Fail To Get It Right On Rap Music, Andrea L. Dennis
Popular Media
School officials treat rap music as a serious threat to the school environment. Fear and misunderstanding of, as well as bias against, this highly popular and lucrative musical art form negatively shape their perspectives on this vital aspect of youth culture.
As a result, students who express themselves through rap music in a way that challenges the schoolhouse setting risk the possibility of suspension, permanent exclusion and referral to the criminal justice system.
The ongoing case of Taylor Bell is the latest and most complex battleground on which this issue is playing out.
Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens
Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens
ConLawNOW
The Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts heralds a dramatic change for Confrontation Clause jurisprudence and for most criminal trials. Crawford v. Washington held that “testimonial” statements were admissible only if the accused had a prior opportunity to cross-examine the witness. Melendez-Diaz applied this rule to forensic evidence, holding that certificates of analysis – used in a drug trail to prove the nature and weight of the proscribed substances, and sworn to and signed by the analysts who performed the tests – are testimonial.
This article analyzes Melendez-Diaz’s implications for the Court’s Confrontation Clause jurisprudence and for the …
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
All Faculty Scholarship
This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …
Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin
Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
I am testifying today on behalf of both myself and my co-chair Michele Deitch, who has submitted written testimony for your consideration. My comments here reflect both the key points in her testimony as well as some of my own thoughts about the importance of external oversight and comments about the critical role played by the Correctional Association of New York, the failure of the State Commission on Correction to provide meaningful regulation of New York’s prisons, and the need to improve access by the media to the public and to the state’s prisons.
The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer
The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer
Georgia Journal of International & Comparative Law
No abstract provided.
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Scholarly Articles
None available.
Applying Citizens United To Ordinary Corruption: With A Note On Blagojevich, Mcdonnell, And The Criminalization Of Politics, George D. Brown
Applying Citizens United To Ordinary Corruption: With A Note On Blagojevich, Mcdonnell, And The Criminalization Of Politics, George D. Brown
Notre Dame Law Review
Federal criminal law frequently deals with the problem of corruption in the form of purchased political influence. There appear to be two distinct bodies of federal anticorruption law: one concerning constitutional issues in the prevention of corruption through campaign finance regulation, and one addressing corruption in the form of such crimes as bribery, extortion by public officials, and gratuities to them. The latter body of law primarily presents issues of statutory construction, but it may be desirable for courts approaching these issues to have an animating theory of what corruption is and how to deal with it. At the moment, …
Collateral Consequences And The Preventive State, Sandra G. Mayson
Collateral Consequences And The Preventive State, Sandra G. Mayson
Notre Dame Law Review
Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs)—legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence—have relegated that group to permanent second-class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should correct course by classifying CCs …
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
Faculty Publications
No abstract provided.
Disciplinary Segregation: How The Punitive Solitary Confinement Policy In Federal Prisons Violates The Due Process Clause Of The Fifth Amendment In Spite Of Sandin V. Conner, Grant Henderson
Marquette Law Review
In 1995, the Supreme Court decided Sandin v. Connor, which held inmates did not have a protected liberty interest requiring due process before being placed in solitary confinement. With the increasing problems in the criminal justice systems nationwide, or perhaps a renewed interest in those problems, the public has turned its attention to the plight of the incarcerated. This Comment seeks to flush out the reasoning the Court provided in Sandin and understand the impacts of the “atypical and significant hardship” on subsequent prisoner litigation, chiefly involving solitary confinement. Following the legal analysis of cases, this Comment will view …
Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene
Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a significant decision last week, Singapore’s highest court ruled that alleged global football match-fixer Dan Tan Seet Eng’s preventive detention was unlawful. His detention went beyond the scope of discretionary power vested in the Minister for Home Affairs under the Criminal Law (Temporary Provisions) Act (CLTPA). The court’s ruling drew criticisms from a former Interpol chief and, ironically, FIFA, football’s graft-ridden governing body.
Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii
Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii
Faculty Publications
This Issue of FSR reports on two fronts in the ongoing national battle for sentencing reform. The first half of the Issue is devoted to evolving views and new initiatives on parole. The second half of the Issue is a report on the content and prospects for success of a number of bills pending in Congress that would reform federal criminal sentencing, corrections, and back-end release practices.
Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii
Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii
Faculty Publications
This article traces the evolution of the sentencing reform debate in Congress in 2015. It summarizes and compares the six major pieces of sentencing legislation introduced in 2015. It describes the progression from conceptually simple, broadly applicable reforms of mandatory minimum sentences to the regime of complex and highly restrictive rules relaxing mandatory minimum sentences for a modest subset of federal defendants found in the bills that passed the Senate and House Judiciary Committees. The article summarizes some of the concerns voiced about he sentencing provisions of the various bills. Finally, it discusses the three pending bills relating to back-end …
Criminal Law, Bernadette C. Crucilla
Criminal Law, Bernadette C. Crucilla
Mercer Law Review
The dynamic nature of criminal law is a result of the ongoing struggle between those who prosecute individuals charged with crimes and those who defend them. It is, therefore, not practical to try to include every change in criminal law occurring during a particular survey period. I have sifted through the cases and statutory amendments from June 1, 2014 through May 31, 2015 and selected those with the widest application or interest to criminal law practitioners.
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Wesley M Oliver
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Stephen E Henderson
You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor
You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor
Pace Law Review
Part I of this article briefly explores the background and historical context that ultimately led to the Miranda decision. As the late Dr. Carl Sagan once said, “you have to know the past to understand the present.” Understanding the circumstances and cases leading up to Miranda helps in the overall application of Miranda to cases of today. Part II addresses whether a statement should be allowed into evidence and provides a practical working approach to conduct a Miranda analysis. This innovative approach provides a step-by-step process in determining the admissibility of statements pursuant to Miranda and its progeny. This process …
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Pace Law Review
Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Akron Law Review
This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from their position …
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
BYU Law Review
No abstract provided.
The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon
The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon
Malcolm Feeley
The new penology argues that an important new language of penology is emerging. This new language, which has its counterparts in other areas of the law as well, shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates. This shift has a number of important implications: It facilitates development of a vision or model of a new type of criminal process that embraces increased reliance on imprisonment and that merges concerns for surveillance and custody, that shifts away from a concern with punishing …
We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf
We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf
Department of Justice Studies Faculty Scholarship and Creative Works
In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Russell D. Covey
The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …
The Criminal Justice System In A Time Of Economic Meltdown: Crisis Or Opportunity For Reform?, Russell D. Covey, Caren Morrison
The Criminal Justice System In A Time Of Economic Meltdown: Crisis Or Opportunity For Reform?, Russell D. Covey, Caren Morrison
Russell D. Covey
This one-day symposium will examine the ways that our criminal justice system might respond to our ongoing national economic crisis by implementing long-awaited reforms. A host of distinguished legal scholars will join us to discuss the ways that problems in our criminal justice system are effecting our economy on national and local levels, and how we might further the goals of our criminal justice system while paring down government expense. Please see event website to register. http://law.gsu.edu/events/index/symposium_register
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Russell D. Covey
No abstract provided.
Abolishing Jailhouse Snitch Testimony, Russell D. Covey
Abolishing Jailhouse Snitch Testimony, Russell D. Covey
Russell D. Covey
Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …