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Articles 1 - 7 of 7
Full-Text Articles in Law
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
Michigan Law Review
This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …
Foreword, G. Michael Mccrossin, Editor
Foreword, G. Michael Mccrossin, Editor
Vanderbilt Law Review
One of the primary goals of the American criminal justice system is to protect the civil liberties of accused persons while at the same time ensuring the security of citizens' persons and property. Recently, some people have begun to argue that the pursuit of these dual purposes has resulted in a dangerous imbalance, and that our criminal justice system now focuses far too heavily on the rights of the accused. These people have perceived an alarming upswing in the incidence of violent crime and have attributed that upswing to a breakdown in the legal profession's administration of the criminal law.
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Articles
This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.
How Serious Is Serious Crime?, Albert J. Reiss, Jr.
How Serious Is Serious Crime?, Albert J. Reiss, Jr.
Vanderbilt Law Review
This Article examines the information systems that are available to the American public. Part H of the Article discusses crime information sources and limitations arising from their excessive dependence upon the same sources of information. Parts III and IV of the Article focus on the information and methods that American society depends upon to determine the amount and seriousness of"serious" crime. These parts of the Article criticize society's present modes of crime assessment by evaluating public perceptions of crime under several standards for determining the amount of harm that results from different criminal acts. In part V, the Article examines …
The Policy Dilemma: Federal Crime Policy And The Law Enforcement Assistance Administration, Michigan Law Review
The Policy Dilemma: Federal Crime Policy And The Law Enforcement Assistance Administration, Michigan Law Review
Michigan Law Review
A Review of The Policy Dilemma: Federal Crime Policy and the Law Enforcement Assistance Administration by Malcolm M. Feeley and Austin D. Sarat
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
Selective Incorporation Revisited, Jerold H. Israel
Selective Incorporation Revisited, Jerold H. Israel
Articles
In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …