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Articles 1 - 30 of 49
Full-Text Articles in Law
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
Faculty Scholarship at Penn Law
This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.
Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg
Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg
Journal of Criminal Law and Criminology
No abstract provided.
Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden
Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden
Journal of Criminal Law and Criminology
No abstract provided.
More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole
More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole
Journal of Criminal Law and Criminology
No abstract provided.
Juvenile Diversion: Results Of A Three Year Experimental Study, Steven Patrick, Robert Marsh
Juvenile Diversion: Results Of A Three Year Experimental Study, Steven Patrick, Robert Marsh
Sociology Faculty Publications and Presentations
In a three year longitudinal study of first time juvenile status offenders assigned at random to three treatment groups and a control group, no significant differences were found in recidivism rates among the groups. A total of 398 juveniles in this study were cited for offenses of tobacco or alcohol in a medium-sized metropolitan northwest city. The offenders were assigned at random to four groups: a traditional magistrate court, a traditional Youth Court diversion program, a new non-judicial diversion program and a control group. None of the groups including the control group showed a significant difference in recidivism rates. It ...
All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood
All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss
Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss
Journal of Criminal Law and Criminology
No abstract provided.
Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer
Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer
Journal of Criminal Law and Criminology
No abstract provided.
From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall
From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall
Journal of Criminal Law and Criminology
No abstract provided.
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Journal of Criminal Law and Criminology
No abstract provided.
The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West
The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West
Journal of Criminal Law and Criminology
No abstract provided.
The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker
The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker
Journal of Criminal Law and Criminology
No abstract provided.
Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson
Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson
Journal of Criminal Law and Criminology
No abstract provided.
A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell
A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell
Journal of Criminal Law and Criminology
No abstract provided.
Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson
Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson
Journal of Criminal Law and Criminology
No abstract provided.
A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski
A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski
Journal of Criminal Law and Criminology
No abstract provided.
Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell
Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell
Journal of Criminal Law and Criminology
No abstract provided.
The Myth Of Innocence, Joshua Marquis
The Myth Of Innocence, Joshua Marquis
Journal of Criminal Law and Criminology
No abstract provided.
Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan
Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan
Journal of Criminal Law and Criminology
No abstract provided.
A Tribute To Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer
Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer
Journal of Criminal Law and Criminology
No abstract provided.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Faculty Scholarship at Penn Law
The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as ...
Reducing Private Violence Against Women In Public Housing: Can Second Generation Cpted Make A Difference?, Walter S. Dekeseredy, Alvi Shahid, Claire M. Renzetti, Martin D. Schwartz
Reducing Private Violence Against Women In Public Housing: Can Second Generation Cpted Make A Difference?, Walter S. Dekeseredy, Alvi Shahid, Claire M. Renzetti, Martin D. Schwartz
CRVAW Faculty Journal Articles
No abstract provided.
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.