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Articles 1 - 30 of 280
Full-Text Articles in Law
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
American University Law Review
No abstract provided.
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
Cornell Law Faculty Publications
No abstract provided.
Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice
Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
The Federalization Of Crime And Sentencing, Nora V. Demleitner
The Federalization Of Crime And Sentencing, Nora V. Demleitner
Scholarly Articles
Not available.
Prevalence, Incidence, And Consequences Of Violence Against Women: Findings From The National Violence Against Women Survey, Us Department Of Justice
Prevalence, Incidence, And Consequences Of Violence Against Women: Findings From The National Violence Against Women Survey, Us Department Of Justice
National Institute of Justice Research in Brief
No abstract provided.
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt
Michigan Law Review
In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …
Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey
Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey
Cornell Law Faculty Publications
The Capital Jury Project in South Carolina interviewed jurors who sat in forty-one capital murder cases. The Project asked jurors a range of questions relating to crime, the defendant, the victim, the victim's family, the jurors' deliberations, the conduct of counsel, and background characteristics of the jurors. In this essay, Professor Stephen P. Garvey presents and examines data from the Project relating to the importance jurors attach to various aggravating and mitigating factors. The results suggest that jurors have a discernible moral compass. According to the data, jurors found especially brutal killings, killings with child victims, future dangerousness, and lack …
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Cornell Law Faculty Publications
No abstract provided.
Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan
Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan
Scholarly Publications
The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
Faculty Publications
No abstract provided.
Law, Language, And Lenity, Lawrence M. Solan
Law, Language, And Lenity, Lawrence M. Solan
William & Mary Law Review
No abstract provided.
Mend It Or End It? What To Do With The Independent Counsel Statute, Julian A. Cook
Mend It Or End It? What To Do With The Independent Counsel Statute, Julian A. Cook
Scholarly Works
The tenure of Independent Counsel Kenneth Starr has generated much debate among scholars, politicians, and the media in recent years regarding the efficacy of the independent counsel statute, which is scheduled to expire in June 1999. Enacted in response to the Watergate saga, and particularly the infamous “Saturday Night Massacre,” the independent counsel statute was designed to remove politics from the prosecution of executive branch officials and to foster public confidence in the prosecutorial process. Advocates claim that the statute, though flawed, is the best system available to address alleged criminal wrongdoing by high-ranking executive branch officials, as well as …
Lawyering Up, Jack M. Beermann, Susan Bandes
Lawyering Up, Jack M. Beermann, Susan Bandes
Faculty Scholarship
The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …
Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Buffalo Public Interest Law Journal
No abstract provided.
Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith
Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith
Buffalo Public Interest Law Journal
No abstract provided.
Investigating And Trying A Homicide Case, Andrea Lyon
Investigating And Trying A Homicide Case, Andrea Lyon
Law Faculty Publications
No abstract provided.
Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Faculty Publications
In federal habeas corpus proceedings, Earl Matthews, an African American, South Carolina death row inmate, alleged that his death sentence was the result of invidious racial discrimination that violated the Equal Protection Clause of the Fourteenth Amendment. To support his contention, Matthews presented statistical evidence showing that in Charleston County, where a jury convicted him and sentenced him to death, the prosecutor was far more likely to seek a death sentence for a Black defendant accused of killing a white person than for any other racial combination of victims and defendants, and also that such a Black defendant was more …
A How-To Guide To Sentence Review, Jeffrey T. Renz
A How-To Guide To Sentence Review, Jeffrey T. Renz
Faculty Journal Articles & Other Writings
In this article, the author discusses the de-funding of the Montana Defender Project, under which most indigent defendant sentence review work was previously conducted and which now falls on the shoulders of public defenders. The article offers forth procedures and principles used by former Defender Project interns as a guide for those who have little or no experience in indigent defendant sentencing review.
But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Cornell Law Faculty Publications
What role does remorse really play in capital sentencing? We divide this basic question in two. First, what makes jurors come to believe a defendant is remorseful? Second, does a belief in the defendant's remorse affect the jury's final judgment of life or death? Here we present a systematic, empirical analysis that tries to answer these questions.
What makes jurors think a defendant is remorseful? Among other things, we find that the more jurors think that the crime is coldblooded, calculated, and depraved and that the defendant is dangerous, the less likely they are to think the defendant is remorseful. …
Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey
Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey
West Virginia Law Review
No abstract provided.
Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey
Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey
Washington and Lee Law Review
No abstract provided.
Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford
Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford
BYU Law Review
No abstract provided.
What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg
What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg
Publications
No abstract provided.
Federal Offenders Under Community Supervision, 1987-96, Us Department Of Justice
Federal Offenders Under Community Supervision, 1987-96, Us Department Of Justice
National Institute of Justice Office of Justice Programs
No abstract provided.
1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
Thomas D. Lyon
Can Shaming Punishments Educate?, Stephen P. Garvey
Can Shaming Punishments Educate?, Stephen P. Garvey
Cornell Law Faculty Publications
So-called "shaming" penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on "shame" as the main way to understand what these penalties are all about. I argue that at least some of these so-called shaming penalties are better understood as "educative" penalties. I develop this "educating model" and contrast it with the "shaming model." I also suggest that penalties fitting the educating model have more normative appeal than those fitting the shaming model.
Preventing Crime: What Works, What Doesn't, What's Promising, Us Department Of Justice
Preventing Crime: What Works, What Doesn't, What's Promising, Us Department Of Justice
National Institute of Justice Research in Brief
No abstract provided.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.