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Full-Text Articles in Law
Criminal Procedure Within The Firm, Samuel W. Buell
Criminal Procedure Within The Firm, Samuel W. Buell
Faculty Scholarship
It seems improbable that the theoretical and doctrinal framework of criminal procedure, developed mostly through a binary model of the individual and the state, would fit without modification in the tripartite model of the state, the firm, and the individual that characterizes the investigation and sanctioning of criminal conduct within legal entities. This intuition—which has been underexplored in spite of heated public debate about the state’s practices in this area—proves correct. I develop some components of a framework for understanding procedure for individual cases of criminal wrongdoing within firms and generating insights to guide reform. The process of pursuing individual …
Criminal Justice And The Challenge Of Family Ties, Dan Markel, Ethan J. Leib
Criminal Justice And The Challenge Of Family Ties, Dan Markel, Ethan J. Leib
Faculty Scholarship
This Article asks two basic questions: When does, and when should, the state use the criminal justice apparatus to accommodate family ties, responsibilities, and interests? We address these questions by first revealing a variety of laws that together form a string of family ties subsidies and benefits pervading the criminal justice system. Notwithstanding our recognition of the important role family plays in securing the conditions for human flourishing, we then explain the basis for erecting a Spartan presumption against these family ties subsidies and benefits within the criminal justice system. We delineate the scope and rationale for the presumption and …
The Fifth Amendment And The Grand Jury, Sara Sun Beale, James E. Felman
The Fifth Amendment And The Grand Jury, Sara Sun Beale, James E. Felman
Faculty Scholarship
No abstract provided.
Egypt: Criminal Procedure, Sadiq Reza
Egypt: Criminal Procedure, Sadiq Reza
Faculty Scholarship
This chapter presents the criminal-procedure law of Egypt according to the sources of that law: the 1971 Constitution, the 1950 Code of Criminal Procedure, the 1958 Emergency Law, and other legislation; decisions by the Supreme Constitutional Court (SCC), the Court of Cassation, and other organs of the Egyptian judiciary; and administrative and executive regulations. Included are references to controversial aspects of this law and its practice, such as the use of military courts, state security courts, and emergency courts and powers. The chapter thus serves as an introduction to modern Egyptian criminal procedure and a reference source for scholars and …
A Public Choice Theory Of Criminal Procedure, Keith N. Hylton, Vikramaditya Khanna
A Public Choice Theory Of Criminal Procedure, Keith N. Hylton, Vikramaditya Khanna
Faculty Scholarship
We provide an additional justification for the pro-defendant bias in Anglo-American criminal procedure that supplements the most commonly forwarded justifications to date. The most commonly forwarded rationale for the prodefendant bias is that the costs of false convictions-specifically, the sanctioning and deterrence costs associated with the erroneous imposition of criminal sanctions-are greater than the costs of false acquittals. We argue that this rationale provides at best a partial justification for the extent of prodefendant procedural rules. Under our justification, prodefendant protections serve primarily as constraints on the costs associated with rent seeking in the law enforcement process. The theory developed …