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Articles 151 - 155 of 155
Full-Text Articles in Law
Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian
Should Judges Consider The Demographics Of The Jury Pool In Deciding Change Of Venue Application?, Peter M. Kougasian
Fordham Urban Law Journal
This Essay considers the narrow question of whether, in changing venue, a court ought in principle to consider the demographic diversity of the venue. Deciding this issue require consideration of two preliminary questions: what is an impartial jury? And what role, if any, does racial diversity play in empaneling an impartial jury? The Rodney King trial raises questions about the dynamics of the jury panel, rather than the qualifications of individual jurors. After the Rodney King verdict, the Court's reasoning in the Batson line of cases seems naive for two reasons. First, the Court's faith in the ability of voire …
"A Good Murder", Leigh B. Bienen
"A Good Murder", Leigh B. Bienen
Fordham Urban Law Journal
People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Fordham Urban Law Journal
This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
Fordham Urban Law Journal
We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …
Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii
Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii
Vanderbilt Law Review
The first Federal Sentencing Guidelines for Organizational Defendants ("Guidelines") became effective on November 1, 1991.' The Guidelines represent the federal government's latest action in the developing area of organizational sanctions and are the result of three years of work and several prior draft proposals by the United States Sentencing Commission. Part II of this Recent Development examines past legal and theoretical approaches to the problem of organizational sentencing. Part III describes both the past and present efforts of the United States Sentencing Commission to promulgate sentencing guidelines for organizations. Part IV analyzes the new Guidelines in light of the statutory …