Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (922)
- University of Michigan Law School (767)
- Washington and Lee University School of Law (597)
- Touro University Jacob D. Fuchsberg Law Center (371)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (341)
-
- William & Mary Law School (318)
- SelectedWorks (270)
- Loyola University Chicago, School of Law (265)
- University of Richmond (260)
- BLR (221)
- Maurer School of Law: Indiana University (217)
- University of Washington School of Law (215)
- University at Buffalo School of Law (200)
- UIC School of Law (187)
- Columbia Law School (179)
- University of Kentucky (179)
- West Virginia University (179)
- Mercer University School of Law (166)
- Seattle University School of Law (158)
- University of Pennsylvania Carey Law School (158)
- Universitas Indonesia (155)
- Villanova University Charles Widger School of Law (144)
- Cornell University Law School (140)
- American University Washington College of Law (133)
- Brooklyn Law School (130)
- Pepperdine University (125)
- University of Arkansas at Little Rock William H. Bowen School of Law (124)
- University of Colorado Law School (124)
- University of Maryland Francis King Carey School of Law (104)
- St. Mary's University (101)
- Keyword
-
- Criminal procedure (650)
- Criminal Law and Procedure (634)
- Criminal law (492)
- Criminal Procedure (453)
- Evidence (360)
-
- Death penalty (338)
- Capital punishment (330)
- Constitutional Law (317)
- Sentencing (316)
- Fourth Amendment (298)
- Police (290)
- Sixth Amendment (276)
- Criminal Law (268)
- Criminal justice (250)
- Due process (236)
- United States Supreme Court (235)
- Fifth Amendment (207)
- Supreme Court (205)
- Right to counsel (175)
- New York (150)
- Constitution (149)
- Juries (145)
- Jurisprudence (145)
- Punishment (142)
- Courts (137)
- Law and Society (135)
- Search and seizure (133)
- Privacy (129)
- Prosecutors (128)
- Jury (127)
- Publication Year
- Publication
-
- Faculty Scholarship (629)
- Michigan Law Review (447)
- Touro Law Review (340)
- Articles (287)
- Nevada Supreme Court Summaries (280)
-
- All Faculty Scholarship (267)
- Faculty Publications (228)
- Washington and Lee Law Review (211)
- ExpressO (196)
- Public Interest Law Reporter (196)
- Buffalo Law Review (188)
- University of Richmond Law Review (178)
- West Virginia Law Review (178)
- Capital Defense Journal (168)
- Mercer Law Review (160)
- Kentucky Law Journal (153)
- UIC Law Review (153)
- Washington Law Review (152)
- Publications (134)
- Cornell Law Faculty Publications (125)
- Articles by Maurer Faculty (123)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Seattle University Law Review (117)
- Villanova Law Review (117)
- Pepperdine Law Review (110)
- William & Mary Law Review (104)
- Scholarly Articles (102)
- Supreme Court Case Files (86)
- Scholarly Works (85)
- Articles in Law Reviews & Other Academic Journals (83)
- Publication Type
Articles 3541 - 3570 of 10924
Full-Text Articles in Law
Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor
Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor
Faculty Scholarship
This year the Supreme Court denied certiorari to Cecelia Cathleen Rodriguez, a 61- year old woman from Oklahoma sentenced to life in prison. Her crime was theft of two purses from a department store. Ms. Rodriguez hoped that the Supreme Court would see fit to upend her conviction or declare her sentence excessive. Ms. Rodriguez's family reported to the state court that she has struggled with heroin addiction since the 1960s, leading to numerous arrests on petty charges. The majority of her extensive record was composed of petty thefts, drug possession, and other nonviolent offenses. The stolen bags in this, …
But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson
But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson
Seattle Journal for Social Justice
No abstract provided.
The Supreme Court And The Rehabilitative Ideal, Chad Flanders
The Supreme Court And The Rehabilitative Ideal, Chad Flanders
All Faculty Scholarship
Graham v. Fl,orida,1 the Supreme Court's 2010 decision finding a life without parole sentence for a non-homicide crime committed by a juvenile "cruel and unusual' ' has rightly been recognized as a "watershed."2 A major focus of the extensive commentary on the case has been on its application of the "evolving standards of decency'' test to a punishment outside of the death penalty, and to whether Graham might apply also to adults.3 Equally important in Graham, but subject to comparatively less critical attention,4 is the central role that the rehabilitative theory of punishment plays in its …
Transforming Piecemeal Social Engineering Into "Grand" Crime Prevention Policy: Toward A New Criminology Of Social Control, Joshua D. Freilich, Graeme R. Newman
Transforming Piecemeal Social Engineering Into "Grand" Crime Prevention Policy: Toward A New Criminology Of Social Control, Joshua D. Freilich, Graeme R. Newman
Journal of Criminal Law and Criminology
This Article focuses on the Situational Crime Prevention (SCP) approach in criminology, which expands the crime reduction role well beyond the justice system. SCP sees criminal law in a more restrictive sense, as only part of the anticrime effort in governance. We examine the “general” and “specific” responses to crime problems in the SCP approach. Our review demonstrates that the most serious barrier to converting SCP techniques into policy remains the gap that exists between problem identification and problem response. We discuss past large-scale SCP interventions and explore the complex links between them and SCP’s better known specificity and piecemeal …
Correctional Education Can Make A Greater Impact On Recidivism By Supporting Adult Inmates With Learning Disabilities, Angela Koo
Journal of Criminal Law and Criminology
This Comment brings attention to a group that is overlooked within our prisons—adult inmates with learning disabilities. These inmates currently face challenges in receiving appropriate educational programming. Recognizing that several studies support the proposition that education reduces recidivism, this Comment argues that correctional education programs must make reforms to accommodate adult inmates with learning disabilities in order for education to fully impact recidivism rates.
Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring
Oklahoma Law Review
No abstract provided.
Timing Brady, Miriam H. Baer
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Articles
This essay examines hip hop music as a form of legal criticism. It focuses on the music as critical resistance and “new terrain” for understanding the law, and more specifically, focuses on what prisons mean to Muslim hip hop artists. Losing friends, family, and loved ones to the proverbial belly of the beast has inspired criticism of criminal justice from the earliest days of hip hop culture. In the music, prisons are known by a host of names like “pen,” “bing,” and “clink,” terms that are invoked throughout the lyrics. The most extreme expressions offer violent fantasies of revolution and …
Emergence From Civil Death: The Evolution Of Expungement In West Virginia, Valena Beety, Michael Aloi, Evan Johns
Emergence From Civil Death: The Evolution Of Expungement In West Virginia, Valena Beety, Michael Aloi, Evan Johns
Articles by Maurer Faculty
Ninety-two million Americans have a criminal record—nearly one in three adults. This criminal record can include an arrest that did not lead to a conviction, a conviction for which the person did not serve time in prison, or a conviction for a nonviolent crime. All can have a similar impact on an individual’s job prospects and on local economies. Incarcerating adult Americans costs a combined $68 billion annually at the local, state, and federal levels. The cost of lost wages and lost financial contributions to society by ex-offenders is even higher.
This financially immobilized population of former offenders may be …
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Barriers To Entry And Justice Ginsburg’S Criminal Procedure Jurisprudence, Lisa Kern Griffin
Barriers To Entry And Justice Ginsburg’S Criminal Procedure Jurisprudence, Lisa Kern Griffin
Faculty Scholarship
No abstract provided.
The Dark Frontier: The Violent And Often Tragic Point Of Contact Between Law Enforcement And The Mentally Ill., Gary Howell
The Dark Frontier: The Violent And Often Tragic Point Of Contact Between Law Enforcement And The Mentally Ill., Gary Howell
The Scholar: St. Mary's Law Review on Race and Social Justice
There currently exists a widespread and unacceptable risk of violence between law enforcement personnel and mentally ill suspects. The point of contact between law enforcement and the mentally ill has evolved over the last fifty years and can trace its origins to deinstitutionalization. Deinstitutionalization aimed to close centralized, state mental health institutions in favor of decentralized, community-based mental health care facilities. Deinstitutionalization, however, created a number of consequences for the mentally ill and law enforcement. For example, in the years since deinstitutionalization, an excessive number of homeless mentally ill persons and their families have had little or no access to …
The Immortal Accusation, Lindsey Webb
The Immortal Accusation, Lindsey Webb
Sturm College of Law: Faculty Scholarship
In the American criminal justice system, accusations have eternal life. Prosecutors, judges, and prison officials regularly consider dismissed charges and even prior acquittals in the defendant’s criminal history when making decisions ranging from the filing of charges to the imposition of punishment. This Article argues that the criminal justice system’s reliance on “accusation evidence” should be understood as furthering its larger allegiance to attaining and preserving findings of guilt.
Once the government obtains a guilty plea or verdict, appellate courts rarely overturn convictions based on concerns about the accuracy of the conviction; indeed, post-conviction review procedures often are structured to …
Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni
Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni
Faculty Works
No abstract provided.
Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick
Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick
All Faculty Scholarship
It is commonly assumed that potential offenders are more responsive to increases in the certainty than increases in the severity of punishment. An important implication of this assumption within the Beckerian law enforcement model is that criminals are risk-seeking. This note adds to existing literature by showing that offenders who discount future monetary benefits can be more responsive to the certainty rather than the severity of punishment, even when they are risk averse, and even when their disutility from imprisonment rises proportionally (or more than proportionally) with the length of the sentence.
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao, Iii
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao, Iii
Law Student Publications
This comment recommends that Virginia cease its use of lethal injection because of its high botch rates and growing impracticability due to drug shortages. Instead, the Commonwealth should use the firing squad as a more effective means of execution, thereby leading the nation in a transition towards a more efficient and reliable method.
The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler
The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler
Law Student Publications
This interview was conducted through a series of written correspondences between Gerald Dean Cruz and Leah Stiegler, the Allen Chair Editor for Volume 49 of the University of Richmond Law Review. This exchange was reproduced, in excerpts, for the sole purpose of giving readers a rare glimpse into the perspective of a death row inmate.
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
Law Student Publications
This comment argues that, starting with the framework of the federal system, there is a way to reconcile modern concerns about the death penalty with society's need for leverage over those criminals who truly are the worst of the worst-those who present grave threats to society even after incarceration. This reconciliation can be achieved by amending the Federal Death Penalty Act to require prosecutors to establish one additional element before they can secure a capital conviction: future dangerousness of the defendant in prison..
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
Scholarship@WashULaw
Despite the broad powers wielded by the federal government in security administration, the Supreme Court’s holding in Printz v. United States serves as a substantial check against federal overreach. Hand wringing by legal scholars over the Court’s reasoning in Printz and the rigid rules against commandeering attached to this reasoning have obscured the fact that the case now stands as a bulwark against the expansion of federal authority over state, county, and local police. Given the holding in Printz, ICE cannot require the active participation of subnational police in immigration enforcement and must instead—despite its previous assertions to the contrary—solicit …
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Publications
Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …
Revisiting The Mansions And Gatehouses Of Criminal Procedure: Reflections On Yale Kamisar's Famous Essay, William T. Pizzi
Revisiting The Mansions And Gatehouses Of Criminal Procedure: Reflections On Yale Kamisar's Famous Essay, William T. Pizzi
Publications
In 1965, Yale Kamisar published a now-famous essay entitled, Equal Justice in the Gatehouses and Mansions of American Criminal Procedure: From Powell to Gideon, from Escobedo to... to make his case that the Court needed to take action to protect citizens in interrogation rooms, Kamisar used the powerful metaphors of the gatehouse and the mansion to contrast the treatment received in interrogation rooms in the back of police stations with the way defendants were treated when they arrived at courthouses where the power of the state was restricted and they had strong constitutional protections.
On its 50th anniversary since publication, …
The Maryland Access To Justice Story: Indigent Defendants’ Right To Counsel At First Appearance, Douglas L. Colbert
The Maryland Access To Justice Story: Indigent Defendants’ Right To Counsel At First Appearance, Douglas L. Colbert
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
A historically unprecedented number of Americans are currently behind bars. Our high rate of incarceration, and the high bills that it generates for American taxpayers, has led to a number of proposals for sentencing reform. For example, bills were recently introduced in both the House and Senate that would roll back federal mandatory minimum sentences for certain drug offenders, and the Obama Administration has announced a plan to grant clemency to hundreds of non-violent drug offenders. Perhaps the most revolutionary proposal, though, is one advanced by the drafters of the Model Penal Code, namely that judges be given the power …
Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial, Toby S. Goldbach
Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial, Toby S. Goldbach
All Faculty Publications
This Article examines reforms to criminal sentencing procedures in Canada, focusing on Aboriginal healing circles, which were incorporated as “sentencing circles” into the criminal trial. Using the lens of comparative law and legal transplants, this Article recounts the period of sentencing reform in Canada in the 1990s, when scholars, practitioners, and activists inquired into Aboriginal confrontation with the criminal justice system by comparing Euro-Canadian and Aboriginal justice values and principles. As a way to bridge the gap between vastly differing worldviews and approaches to justice, judges and Aboriginal justice advocates transplanted sentencing circles into the sentencing phase of the criminal …
Me And Mr. Jones: A Systems-Based Analysis Of A Catastrophic Defense Outcome, Pamela R. Metzger
Me And Mr. Jones: A Systems-Based Analysis Of A Catastrophic Defense Outcome, Pamela R. Metzger
Faculty Journal Articles and Book Chapters
Leo S. Jones spent four months in jail, accused of a probation that had long since expired. His incarceration was illegal. It was also preventable.
In this essay, I describe the unique data collection project that identified Mr. Jones’ case. Then, I analyze the various individual, institutional, and systemic practices that contributed to Mr. Jones’ illegal incarceration. I show how an investigation of Mr. Jones’ case led to the discovery of widespread latent errors that may have adversely affected innumerable other detainees. I conclude by explaining what this case reveals about how data collection and analysis can improve public defender …
The Prior Convictions Exception—A Comment, Matthew Engle
The Prior Convictions Exception—A Comment, Matthew Engle
Washington and Lee Law Review
No abstract provided.
Forfeiture Of Confrontation Rights And The Complicated Dynamics Of Domestic Violence: Some Thoughts Inspired By Myrna Raeder, Aviva A. Orenstein
Forfeiture Of Confrontation Rights And The Complicated Dynamics Of Domestic Violence: Some Thoughts Inspired By Myrna Raeder, Aviva A. Orenstein
Articles by Maurer Faculty
In this essay and memorial to my friend and colleague, Myrna Raeder, I examine forfeiting the right of confrontation in the context of domestic violence cases. In 2004, Crawford v. Washington the United States Supreme Court reinterpreted the Sixth Amendment, requiring that for “testimonial statements” to be offered against the accused, the speaker must appear in court, or, if unavailable, must have been subject to cross-examination previously. The practical effect of Crawford was to exclude many out-of-court statements that had previously been admissible. Nowhere was the effect of Crawford more striking than in domestic violence cases, where victims often make …
Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, I. India Thusi
Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, I. India Thusi
Faculty Scholarship
The history of the policing of sex work in South Africa reveals the surprisingly contradictory manners that legal regulations, police action, and public discourses have all “policed” sex work to meet competing goals. Sex work has generally been subject to formal state policing in the form of legal regulations and laws, which mostly focus on the public nuisance aspects of it. However, there has also been a more informal policing of sex work through public discourses in the media, medical community, and amongst activists. These various forms of policing are at times contradictory, and may result in various approaches toward …
Justice As A Rounding Error?: Evidence Of Subconscious Bias In Second-Degree Murder Sentences In Canada, Craig E. Jones, Micah B. Rankin
Justice As A Rounding Error?: Evidence Of Subconscious Bias In Second-Degree Murder Sentences In Canada, Craig E. Jones, Micah B. Rankin
Osgoode Hall Law Journal
There are few areas of law that grant judges as much discretion as the sentencing of criminal offenders. This discretion necessarily leads to concerns about the influence of biases, including those that result from subconscious processes associated with human cognition; that is to say, heuristics. In this article, the authors explore one heuristic—number preference—through an examination of all reported second degree murder parole ineligibility decisions between 1990 and 2012. Number preference leads individuals to predictably round off measurements to certain favoured numbers. The authors identify a tendency for parole ineligibility decisions to cluster around even numbers and multiples of five, …
The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson
The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson
All Faculty Scholarship
By definition, vigilantes cannot be legally justified – if they satisfied a justification defense, for example, they would not be law-breakers – but they may well be morally justified, if their aim is to provide the order and justice that the criminal justice system has failed to provide in a breach of the social contract. Yet, even moral vigilantism is detrimental to society and ought to be avoided, ideally not by prosecuting moral vigilantism but by avoiding the creation of situations that would call for it. Unfortunately, the U.S. criminal justice system has adopted a wide range of criminal law …