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Articles 1 - 14 of 14
Full-Text Articles in Law
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray
Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray
Faculty Scholarship
How central should hedonic adaptation be to the establishment of sentencing policy? In earlier work, Professors Bronsteen, Buccafusco, and Masur (BBM) drew some normative significance from the psychological studies of adaptability for punishment policy. In particular, they argued that retributivists and utilitarians alike are obliged on pain of inconsistency to take account of the fact that most prisoners, most of the time, adapt to imprisonment in fairly short order, and therefore suffer much less than most of us would expect. They also argued that ex-prisoners don't adapt well upon re-entry to society and that social planners should consider their post-release …
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Faculty Scholarship
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …
Retribution And Reform, Chad Flanders
Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace
Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace
Student Articles and Papers
This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.
Can Retributivism Be Progressive?: A Reply To Professor Gray And Jonathan Huber, Chad Flanders
Can Retributivism Be Progressive?: A Reply To Professor Gray And Jonathan Huber, Chad Flanders
Maryland Law Review
No abstract provided.
Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber
Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber
Maryland Law Review
No abstract provided.
Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja Starr
Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja Starr
Faculty Scholarship
The shift in sentencing fact-finding responsibility triggered in many states by Blakely v. Washington may dramatically change the complexity and type of questions that juries will be required to answer. Among the most important challenges confronting legislatures now debating the future of their sentencing regimes is whether juries are prepared to handle this new responsibility effectively – and, if not, what can be done about it. Yet neither scholars addressing the impact of Blakely nor advocates of jury reform have seriously explored these questions. Nonetheless, a number of limitations on juror decision making seriously threaten the accuracy of verdicts in …
The Victim's Rights Amendment: A Prosecutor's, And Surprisingly, A Defense Attorney's Support In Sentencing, Steven I. Platt, Jeannie Pittillo Kauffman
The Victim's Rights Amendment: A Prosecutor's, And Surprisingly, A Defense Attorney's Support In Sentencing, Steven I. Platt, Jeannie Pittillo Kauffman
Maryland Law Review
No abstract provided.
Recent Trends In American Criminal Sentencing Theory, Andrew Von Hirsch
Recent Trends In American Criminal Sentencing Theory, Andrew Von Hirsch
Maryland Law Review
No abstract provided.
Sentencing In West Germany , Thomas Weigend
Sentencing In England , D. A. Thomas
Towards Principled Sentencing, Norval Morris
Towards Principled Sentencing, Norval Morris
Maryland Law Review
No abstract provided.
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Maryland Law Review
No abstract provided.