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Full-Text Articles in Law

Analyzing Somali Piracy Prosecutions, Molly Parent Jan 2019

Analyzing Somali Piracy Prosecutions, Molly Parent

SURE (Stonehill Undergraduate Research Experience)

•From 2001-2010 the number of piracy incidents spiked. Somali piracy differs from other forms of piracy because it has a distinct modus operandi. Whereas most piracy is theft, Somali attacks focus primarily on capturing vessels and holding them for ransom. •The vessel attacks occur primarily in the high seas, outside the territorial jurisdiction of any one nation. Therefore, Somali piracy cases have been heard in various courts around the world. Many cases have been prosecuted in Kenya, Seychelles, the Netherlands, as well as many other countries around the world. •This analysis examines the nature of these prosecutions, and whether there …


The Consensus Myth In Criminal Justice Reform, Benjamin Levin Jan 2018

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Scholarship@WashULaw

It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …


Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman Jan 2012

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …


How Accountability-Based Policing Can Reinforce - Or Replace - The Fourth Amendment Exclusionary Rule, David A. Harris Jan 2009

How Accountability-Based Policing Can Reinforce - Or Replace - The Fourth Amendment Exclusionary Rule, David A. Harris

Articles

In Hudson v. Michigan, a knock-and-announce case, Justice Scalia's majority opinion came close to jettisoning the Fourth Amendment exclusionary rule. The immense costs of the rule, Scalia said, outweigh whatever benefits might come from it. Moreover, police officers and police departments now generally follow the dictates of the Fourth Amendment, so the exclusionary rule has outlived the reasons that the Court adopted it in the first place. This viewpoint did not become the law because Justice Kennedy, one member of the five-vote majority, withheld his support from this section of the opinion. But the closeness of the vote on …


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1998

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1995

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall Jan 1985

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Andenaes And The Theory Of Deterence, Larry I. Palmer Jan 1975

Andenaes And The Theory Of Deterence, Larry I. Palmer

Faculty Publications

No abstract provided.


The Moral Quality Of The Criminal Law, Paul D. Carrington Jan 1959

The Moral Quality Of The Criminal Law, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.


Book Review. Radzinowicz, L. And Turner, J. W. C. (Eds.), The Modern Approach To Criminal Law, Jerome Hall Jan 1945

Book Review. Radzinowicz, L. And Turner, J. W. C. (Eds.), The Modern Approach To Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Michael, J. And M.J. Adler, Crime, Law And Social Science, Ralph F. Fuchs Jan 1934

Book Review. Michael, J. And M.J. Adler, Crime, Law And Social Science, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Some Basic Problems In Criminology, Jerome Hall Jan 1933

Some Basic Problems In Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.