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Full-Text Articles in Law
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Seattle University Law Review
Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Dickinson Law Review (2017-Present)
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
Michigan Law Review
In a recent article in this law review, William J. Stuntz argues that criminal law in the United States suffers from a political pathology. The incentives of legislators are such that the notorious overcriminalization of American society is deep as well as broad. That is, not only are remote corners of life subject to criminal penalties - such things as tearing tags off mattresses and overworking animals - but now crimes are defined with the express design of easing the way to conviction. Is proof of a tangible harm an obstacle to using wire and mail fraud statutes to prosecute …
Reply: Criminal Law's Pathology, William J. Stuntz
Reply: Criminal Law's Pathology, William J. Stuntz
Michigan Law Review
I thank Kyron Huigens for devoting his time and his considerable talent to responding to my article, The Pathological Politics of Criminal Law. I also thank editors of the Michigan Law Review for giving me the opportunity to reply. It is best to begin by defining the contested territory. Huigens and I agree (I think) on three propositions. First, American criminal law, both federal and state, is very broad; it covers a great deal more conduct than most people would expect. Second, American criminal law is very deep: that which it criminalizes, it criminalizes repeatedly, so that a single …