Law Commons^™

Punishing Risk, Erin Collins

Law Faculty Publications

Actuarial recidivism risk assessments-statistical predictions of the likelihood of future criminal behavior-drive a number of core criminal justice decisions, including where to police, whom to release on bail, and how to manage correctional institutions. Recently, this predictive approach to criminal justice entered a new arena: sentencing. Actuarial sentencing has quickly gained a number of prominent supporters and is being implemented across the country. This enthusiasm is understandable. Its proponents promise that actuarial data will refine sentencing decisions, increase rehabilitation, and reduce reliance on incarceration.

Yet, in the rush to embrace actuarial sentencing, scholars and policy makers have overlooked a crucial …

America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate

Law Faculty Publications

Review of Bryan Stevenson's book, Just Mercy: A Story of Justice and Redemption, published by Spiegal & Grau in 2014.

Reasonable Certainty And Reasonable Doubt, Henry L. Chambers, Jr.

Law Faculty Publications

Ultimately, this article is about how well different definitions of reasonable doubt fit society's goals for the criminal justice system. To be clear, this article is not about which definition is best. That question is far broader than the one I seek to explore. Determining what definition of reasonable doubt is best for the system is a question for another time. Rather, this article describes a few different ways that reasonable doubt and the presumption of innocence can be interpreted and considers the implications of applying those differing interpretations. Part II of this article examines how the criminal justice system …