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Full-Text Articles in Law
The State Of Severity, Aaron J. Rappaport
Speaking Of Purposes, Aaron J. Rappaport
Refocusing The Burden Of Proof In Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan
Refocusing The Burden Of Proof In Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan
Faculty Scholarship
No abstract provided.
An Ideological Approach To Excuse In Criminal Law, John L. Diamond
An Ideological Approach To Excuse In Criminal Law, John L. Diamond
Faculty Scholarship
No abstract provided.
When Bad Things Happen To Good Intentions: The Development And Demise Of A Task Force Examining The Drugs-Violence Interrelationship Symposium On Drug Crimes, Deborah W. Denno
When Bad Things Happen To Good Intentions: The Development And Demise Of A Task Force Examining The Drugs-Violence Interrelationship Symposium On Drug Crimes, Deborah W. Denno
Faculty Scholarship
Between 1994-1996, I was one of twenty-eight members of a Drugs-Violence Task Force, created to report to the United States Sentencing Commission specific findings, conclusions, and recommendations concerning the interrelationship (if any) between drugs and violence. Much of the controversy concerning how to approach the drugs-violence problem reflects two conflicting and long-held views of drugs and crime: the criminal justice view, which emphasizes detecting and punishing drug offenders, and the public health view, which advocates treating the drug addiction that leads some individuals to commit crime. Traditionally, the criminal justice view is associated with a “tough on crime” attitude that …
The Federal Death Penalty: History And Some Thoughts About The Department Of Justice's Role, Rory K. Little
The Federal Death Penalty: History And Some Thoughts About The Department Of Justice's Role, Rory K. Little
Faculty Scholarship
No abstract provided.
Proportionality As An Ethical Precept For Prosecutors In Their Investigative Role, Rory K. Little
Proportionality As An Ethical Precept For Prosecutors In Their Investigative Role, Rory K. Little
Faculty Scholarship
No abstract provided.
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Faculty Scholarship
No abstract provided.
Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill
Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill
Faculty Scholarship
The Independent Counsel Act expires on June 30, 1999. Should it be extended? Extended with modifications? Radically reformed? Or should it be allowed to sunset with nothing put in its place? To answer these questions, we need to address some more fundamental questions: (1) Do we truly need an independent office to investigate alleged wrongdoing by high-ranking officers of the executive branch? (2) If so, what are the options for the organizational structure of such an office? (3) By what criteria should the different institutional options be evaluated? (4) Under these criteria, which option represents the best, or perhaps more …
Disenfranchisement As Punishment: Reflections On The Racial Uses Of Infamia, George P. Fletcher
Disenfranchisement As Punishment: Reflections On The Racial Uses Of Infamia, George P. Fletcher
Faculty Scholarship
The practice of disenfranchising felons, though decreasing, is still widespread. In this Article, Professor George Fletcher reflects on the use of disenfranchisement as punishment, the lack of a convincing theoretical justification for it, and its disproportionate impact on the African.American community. Fletcher presents a number of powerful arguments against the constitutionality of the practice, but he emphasizes that there is a deeper problem with disenfranchisement as punishment: It reinforces the branding of felons as an "untouchable" class and thus helps to prevent their effective reintegration into our society.