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Full-Text Articles in Law
The Problem Of Problem-Solving Courts, Erin Collins
The Problem Of Problem-Solving Courts, Erin Collins
Law Faculty Publications
The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively — at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?
This Article seeks to answer that question by scrutinizing …
Punishing Risk, Erin Collins
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 …
Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal
Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal
Law Faculty Publications
The constitutional prohibition against double jeopardy serves three distinct purposes: (1) prohibition of a second prosecution after acquittal; (2) prohibition of a second prosecution after conviction; and (3) prohibition of multiple punishments for the same offense. This article addresses the problem of defining "the same offense," and specifically focuses on the application of the Blockburger test in light of Whalen v. United States.