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Articles 31 - 36 of 36
Full-Text Articles in Law
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger Fairfax
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
From just after the turn of the twentieth century through World War II, there was a great deal of activity around criminal justice reform. Much like today, many commentators in the early twentieth century considered the American criminal justice system to be broken. With regard to all of its phases-substance, sentencing, and procedure-the criminal justice system was thought to be inefficient and ineffective, and it failed to inspire the confidence of the bench, bar, or public.
Against this backdrop, a group of reformers sought to address the shortcomings of early twentieth-century criminal justice-during what I consider the "Golden Age" of …
Criminal Law: Cases And Materials, Cynthia Lee, Angela Harris
Criminal Law: Cases And Materials, Cynthia Lee, Angela Harris
GW Law Faculty Publications & Other Works
This casebook addresses the fundamental topic of criminal law. It examines how various justifications define their criminal offenses, as well as the basic elements common to crimes in the Anglo-American tradition. This casebook includes extensive discussion of the elements of, and defenses against, particular crimes such as murder, rape, and burglary.
The authors also examine criminal law’s role within the American legal system. In doing so, the casebook introduces readers to the interplay between criminal law and issues of morality. As such, the authors approach criminal law as a system of cultural meaning, and more specifically, Anglo-American criminal law as …
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt
Faculty Scholarship
This chapter presents an authoritative overview of punishment, with particular emphasis on the limits of reason and the virtue of randomization. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the Enlightenment ideal of social engineering through punishment and the role of chance in the administration of criminal justice.
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
Articles & Chapters
The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …
On Race Theory And Norms, Christian Sundquist
On Race Theory And Norms, Christian Sundquist
Articles
This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.
Can Our Shameful Prisons Be Reformed?, David Cole
Can Our Shameful Prisons Be Reformed?, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.