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Articles 1 - 16 of 16
Full-Text Articles in Law
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
Articles
No abstract provided.
Supermajoritarian Criminal Justice, Aliza Plener Cover
Supermajoritarian Criminal Justice, Aliza Plener Cover
Articles
Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms …
Giving Teeth To State Constitutions: Using History To Argue Utah's Constitution Affords Greater Protections To Criminal Defendants, Samuel P. Newton
Giving Teeth To State Constitutions: Using History To Argue Utah's Constitution Affords Greater Protections To Criminal Defendants, Samuel P. Newton
Articles
No abstract provided.
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel
Articles
No abstract provided.
On Law-Breaking And Law's Legitimacy, Aliza Plener Cover
On Law-Breaking And Law's Legitimacy, Aliza Plener Cover
Articles
No abstract provided.
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Articles
No abstract provided.
The Widening Maturity Gap: Trying And Punishing Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
The Widening Maturity Gap: Trying And Punishing Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
Articles
No abstract provided.
Criminal Mediation Has Taken Root In Idaho's Courts, Maureen Laflin
Criminal Mediation Has Taken Root In Idaho's Courts, Maureen Laflin
Articles
No abstract provided.
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
Articles
The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Articles
No abstract provided.
Domestic Violence Trends And Topics, Patrick D. Costello
Domestic Violence Trends And Topics, Patrick D. Costello
Articles
No abstract provided.
White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture
White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture
Articles
Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally-subjecting individual defendants to imprisonment-but not civilly-leaving victims without remedy. The imposition of criminal punishment for conduct that does not invoke civil liability risks disrupting the current scheme of securities regulation, at the expense of considerations deemed important by Congress and the courts. Moreover, the extension of criminal liability beyond the scope of civil liability debunks the assumption, which underlies the current scholarship on the civil-criminal divide, that criminal liability is …
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
Articles
No abstract provided.
Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin
Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin
Articles
No abstract provided.
Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble
Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble
Articles
No abstract provided.
Sentencing Discretion: Current Trial And Appellate Court Perspectives In Idaho, Donald L. Burnett Jr.
Sentencing Discretion: Current Trial And Appellate Court Perspectives In Idaho, Donald L. Burnett Jr.
Articles
No abstract provided.