Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Criminal Law (17)
- Constitutional law (3)
- Criminal law (2)
- Decision making (2)
- Albert Alschuler (1)
-
- Bureaucratization (1)
- California (1)
- Comparative Law (1)
- Corporate compliance (1)
- Crime (1)
- Criminal codes (1)
- Criminal justice administration (United States) (1)
- Criminal law reform (1)
- Criminal liability of juristic persons (1)
- Criminal statistics (1)
- Criminology (1)
- Decriminalization (1)
- Defense rights (1)
- Demographic aspects (1)
- Discrimination in criminal justice administration (1)
- Drug traffic (1)
- Federal sentencing guidelines (1)
- Fraud (1)
- Humanities (1)
- Imprisonment (1)
- Information technology (1)
- Interdisciplinary (1)
- International crimes (1)
- Interpretation and construction (1)
- Judges (1)
- File Type
Articles 1 - 27 of 27
Full-Text Articles in Law
Digital Innocence, Joshua A.T. Fairfield, Erik Luna
Digital Innocence, Joshua A.T. Fairfield, Erik Luna
Erik Luna
Recent revelations have shown that almost all online activity and increasing amounts of offline activity are tracked using Big Data and data mining technologies. The ensuing debate has largely failed to consider an important consequence of mass surveillance: the obligation to provide access to information that might exonerate a criminal defendant. Although information technology can establish innocence—an ability that will only improve with technological advance—the fruits of mass surveillance have been used almost exclusively to convict. To address the imbalance and inform public dialogue, this Article develops the concept of “digital innocence” as a means of leveraging the tools of …
Prosecutorial Decriminalization, Erik Luna
Prosecutorial Decriminalization, Erik Luna
Erik Luna
The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.
The Bin Laden Exception, Erik Luna
The Bin Laden Exception, Erik Luna
Erik Luna
Osama bin Laden's demise provides an opportune moment to reevaluate the extraordinary measures taken by the U.S. government in the "war on terror," with any reassessment incorporating the threat posed by al Qaeda and other terrorist organizations. Some modest analysis suggests that terrorism remains a miniscule risk for the average American, and it hardly poses an existential threat to the United States. Nonetheless, terrorism-related fears have distorted the people's risk perception and facilitated dubious public policies, exemplified here by a series of programs implemented by the Transportation Security Administration (TSA). Among other things, this agency has adopted costly technology and …
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Erik Luna
Not available.
Sense And Sensibility In Mandatory Minimum Sentencing, Erik Luna, Paul Cassell
Sense And Sensibility In Mandatory Minimum Sentencing, Erik Luna, Paul Cassell
Erik Luna
Not available.
Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna
Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna
Erik Luna
The article presents a response to the article by Professor Albert Alschuler on the administrative rulemaking in criminal law enforcement and guiding the power which was wielded by criminal justice officials. It mentions that the increase in the rate of the punishment given to the convicts is less effective in reducing the crime and enhancing public safety. It informs that bureaucratization can be considered as the means to improve the criminal process in the U.S.
The Overcriminalization Phenomenon, Erik Luna
Drug Exceptionalism, Erik Luna
Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna
Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna
Erik Luna
No abstract provided.
Constitutional Road Maps, Erik Luna
Sovereignty And Suspicion, Erik Luna
Sovereignty And Suspicion, Erik Luna
Erik Luna
Most academics agree that search and seizure jurisprudence is a "mess." Professor Luna proposes a new approach to the Fourth Amendment founded on a sovereignty-based theory of the Constitution. Under this individual rights model, a government search or seizure of an individual's home or body receives the strongest presumption of invalidity. This presumption, he argues, could only be rebutted in three discrete circumstances: (1) consent by the individual to search his home or body; (2) individualized suspicion of wrongdoing; or (3) real, direct, and substantial threats to the sovereignty of other persons. Apart from these exceptions, governmental intrusions into the …
Traces Of A Libertarian Theory Of Punishment, Erik Luna
Traces Of A Libertarian Theory Of Punishment, Erik Luna
Erik Luna
No abstract provided.
Race, Crime, And Institutional Design, Erik Luna
Race, Crime, And Institutional Design, Erik Luna
Erik Luna
Minorities are gravely overrepresented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. While racial data can provide a snapshot of the current state of affairs, such information rarely satisfies questions of causation, and usually only sets the scene for normative theory.
Welfare Fraud And The Fourth Amendment , Erik Luna
Beyond Breard, Erik G. Luna, Douglas J. Sylvester
Prosecutors As Judges, Erik Luna, Marianne Wade
The Curious Case Of Corporate Criminality, Erik Luna
Mandatory Minimalism, Erik Luna, Paul Cassell
Mandatory Minimalism, Erik Luna, Paul Cassell
Erik Luna
One of us (Cassell) is a former federal judge nominated by President George W. Bush, now a “conservative” scholar whose work is often supportive of law enforcement, the death penalty, and the rights of crime victims. The other (Luna) is a “libertarian” who tends to be suspicious of government and adamant about abuses of power, including those by police and prosecutors, and his scholarship has expressed the need for wholesale criminal justice reform (especially in the federal system). If we could find common ground on ways to modify federal mandatory minimums, we hoped that policymakers might share this agreement, perhaps …
Criminal Justice And The Public Imagination, Erik Luna
Criminal Justice And The Public Imagination, Erik Luna
Erik Luna
As this symposium demonstrates, criminology has much to offer criminal law and procedure. But there are limits to this endeavor, such as when public policy is distorted by powerful emotions that ignore the lessons of legal doctrine and social science. This article presents one possible response in such circumstances: expanding the interdisciplinary relationship to include literary and cultural materials usually associated with the humanities. These works can inspire the public imagination in ways that law and criminology cannot, at times offering an alternative narrative to counter emotion-driven claims of necessity, for instance, and raising the exact type of questions that …
Psychopathy And Sentencing, Erik Luna
Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna
Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna
Erik Luna
No abstract provided.
The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade
The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade
Erik Luna
No abstract provided.
Hydraulic Pressures And Slight Deviations, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
Erik Luna
No abstract provided.
Drugs And Justice, Erik Luna, Margaret Battin
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
Erik Luna
No abstract provided.
Overextending The Criminal Law And Misguided Guidelines, Erik Luna
Overextending The Criminal Law And Misguided Guidelines, Erik Luna
Erik Luna
No abstract provided.