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Articles 1 - 10 of 10
Full-Text Articles in Law
The Jim Crow Jury, Thomas W. Frampton
The Jim Crow Jury, Thomas W. Frampton
Vanderbilt Law Review
Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting "the Jim Crow jury" actively fought, both inside and outside the courtroom, efforts to deny black citizens equal representation on criminal juries. Recovering this forgotten history-a counterpart to the legal struggles against disenfranchisement and de jure segregationunderscores the centrality of the jury to politics and power in the post- Reconstruction era. It also helps explain Louisiana's …
Trafficked In Texas: Combatting The Sex-Trafficking Epidemic Through Prostitution Law And Sentencing Reform In The Lone Star State, Madison T. Santana
Trafficked In Texas: Combatting The Sex-Trafficking Epidemic Through Prostitution Law And Sentencing Reform In The Lone Star State, Madison T. Santana
Vanderbilt Law Review
American law has historically treated prostitution as a victimless crime, a moral trespass between two consenting individuals, rather than a potential act of violence, a product of fraud or coercion. However, growing awareness of the international sex-trafficking epidemic has brought long-settled prostitution law once more under the critical eye of academics and lawmakers as a potential tool in curbing the stillgrowing demand for illicit commercial sex. Whether prostitution law reform may in fact be effective remains a matter of academic debate in the United States; however, such reform has gained substantial ground abroad, with compelling results. This Note argues for …
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Vanderbilt Journal of Transnational Law
This Article analyzes cartel criminalization in Europe from a deterrence and institutional perspective. First, it investigates the idea of criminalization by putting it in perspective with the more general question of what types of sanctions a jurisdiction might adopt against collusive behavior. Second, it analyzes the institutional element of criminalization by (1) discussing the compatibility of administrative enforcement with the potential de facto criminal nature of administrative fines under European law and (2) evaluating the trade-offs between an administrative and a criminal model of enforcement. Although a "panoply" of sanctions against both corporations and individuals may be necessary under a …
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Owen D. Jones, Kenneth W. Simons
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Owen D. Jones, Kenneth W. Simons
Vanderbilt Law Review
Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …
How And Why Is The American Punishment System "Exceptional"?, Christopher Slobogin
How And Why Is The American Punishment System "Exceptional"?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Anyone interested in American criminal justice has to wonder why we have so many more people in prison—in absolute as well as relative terms—than the western half of the European continent, the part of the world most readily comparable to us. This book, consisting of eleven chapters by eminent criminal law scholars, criminologists and political scientists, provides both a detailed look at how U.S. punishment is different and an insightful analysis of why that might be so. While many chapters in the book describe previously declared positions of the authors, there is also much that is new in the book, …
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Kenneth W. Simons
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Kenneth W. Simons
Vanderbilt Law School Faculty Publications
A central tenet of Anglo-American penal law is that in order for an actor to be found criminally liable, a proscribed act must be accompanied by a guilty mind. While it is easy to understand the importance of this principle in theory, in practice it requires jurors and judges to decide what a person was thinking months or years earlier at the time of the alleged offense, either about the results of his conduct or about some elemental fact (such as whether the briefcase he is carrying contains drugs). Despite the central importance of this task in the administration of …
Principles Of Risk Assessment: Sentencing And Policing, Christopher Slobogin
Principles Of Risk Assessment: Sentencing And Policing, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid in the risk assessment inquiry, a number of states have recently begun relying on statistically-derived algorithms called “risk assessment instruments” (RAIs). RAIs are generally thought to be more accurate than the type of seat-of-the-pants risk assessment in which judges, parole boards and police officers have traditionally engaged. But RAIs bring with them their own set of controversies. In recognition of these concerns, this brief paper proposes three principles — …
The Idea Of "The Criminal Justice System", Sara Mayeux
The Idea Of "The Criminal Justice System", Sara Mayeux
Vanderbilt Law School Faculty Publications
The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the phrase. However, this way of describing and thinking about police, courts, jails, and prisons, as a holistic "system, " became pervasive only in the 1960s. This essay contextualizes the idea of "the criminal justice system" within the longer history of systems theories more generally, drawing on recent scholarship in intellectual history and the history of science. The essay then recounts how that longer history converged, …
When Discretion To Record Becomes Assertive: Body Camera Footage As Hearsay, Natalie P. Pike
When Discretion To Record Becomes Assertive: Body Camera Footage As Hearsay, Natalie P. Pike
Vanderbilt Journal of Entertainment & Technology Law
As police body camera footage pervades courtrooms across the country as evidence in criminal trials, courts must reevaluate whether, and under which evidentiary frameworks, they will admit the footage to prove that what the footage depicts is true. This Note analyzes the frameworks under which courts have historically admitted filmic evidence: namely, through authentication and as demonstrative evidence. It concludes that body camera footage is distinct from evidence traditionally admitted through those frameworks because body camera footage is akin to an officer's assertive statement--the officer has discretion to activate and aim the body camera. Courts should therefore exclude the footage …
Invisible Bars: Adapting The Crime Of False Imprisonment To Better Address Coercive Control And Domestic Violence In Tennessee, Alexandra M. Ortiz
Invisible Bars: Adapting The Crime Of False Imprisonment To Better Address Coercive Control And Domestic Violence In Tennessee, Alexandra M. Ortiz
Vanderbilt Law Review
On average, three or more women are murdered by their intimate partners in the United States every day. Despite the now well-known correlation between coercive control-the strategic use of oppressive behavior to control primarily female partners-and intimate partner homicide, most states continue to focus their criminal domestic violence laws solely on physical violence. As a result, state laws often fail to protect victims from future and escalating violence. Focusing on Tennessee law and drawing from the work of Evan Stark as well as the United Kingdom's Serious Crime Act of 2015, this Note proposes adapting the preexisting crime of false …