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Series

University of North Carolina School of Law

Faculty Publications

Criminal Law

Publication Year

Articles 1 - 6 of 6

Full-Text Articles in Law

Capitalizing On Criminal Justice, Eisha Jain Jan 2018

Capitalizing On Criminal Justice, Eisha Jain

Faculty Publications

No abstract provided.


The Expansion Of Child Pornography Law, Carissa B. Hessick Jan 2018

The Expansion Of Child Pornography Law, Carissa B. Hessick

Faculty Publications

This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …


Proportionality And Other Misdemeanor Myths, Eisha Jain Jan 2018

Proportionality And Other Misdemeanor Myths, Eisha Jain

Faculty Publications

No abstract provided.


Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick Jan 2017

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

Faculty Publications

No abstract provided.


Corpus Linguistics And The Criminal Law, Carissa B. Hessick Jan 2017

Corpus Linguistics And The Criminal Law, Carissa B. Hessick

Faculty Publications

This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.


Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick Jan 2017

Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick

Faculty Publications

Review of Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Daniel S. Medwed ed., Cambridge University Press 2017).