Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Washington and Lee University School of Law (17)
- University of Michigan Law School (10)
- Columbia Law School (7)
- BLR (5)
- University of Pennsylvania Carey Law School (5)
-
- Mitchell Hamline School of Law (3)
- UIC School of Law (3)
- University of Baltimore Law (3)
- Vanderbilt University Law School (3)
- Brigham Young University Law School (2)
- Loyola University Chicago, School of Law (2)
- Old Dominion University (2)
- Selected Works (2)
- University of Kentucky (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Langston University (1)
- Maurer School of Law: Indiana University (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- SelectedWorks (1)
- St. John's University School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Miami Law School (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas (1)
- University of South Carolina (1)
- Keyword
-
- Capital punishment sentencing (15)
- Sentencing (8)
- Criminal justice (6)
- Criminal law (5)
- Law Enforcement and Corrections (5)
-
- SSRN (5)
- Crime (4)
- Criminal Law and Procedure (4)
- Empirical studies (4)
- Law enforcement (4)
- Capital punishment (3)
- Death penalty (3)
- Evidence (3)
- Police (3)
- Religion (3)
- Capital punishment of offenders with mental disabilities (2)
- Constitutional Law (2)
- Criminal procedure (2)
- Criminology (2)
- Democracy (2)
- Deterrence (2)
- Discrimination (2)
- Dispute Resolution (2)
- Economics (2)
- Fourth Amendment (2)
- Health Law and Policy (2)
- Incarceration (2)
- Intellectual Property Law (2)
- Judges (2)
- Jurisdiction (2)
- Publication
-
- Capital Defense Journal (15)
- All Faculty Scholarship (8)
- Faculty Scholarship (7)
- Michigan Law Review (6)
- Articles (4)
-
- ExpressO (3)
- Faculty Publications (3)
- UIC Law Review (3)
- William Mitchell Law Review (3)
- Brigham Young University Journal of Public Law (2)
- Public Interest Law Reporter (2)
- Sociology & Criminal Justice Theses & Dissertations (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Law Review (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- Articles, Book Chapters, & Popular Press (1)
- Faculty Publications By Year (1)
- George Mason University School of Law Working Papers Series (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Law Journal (1)
- Kentucky Law Journal (1)
- Law Faculty Scholarly Articles (1)
- Liz Campbell (1)
- Lucian E Dervan (1)
- McCabe Thesis Collection (1)
- Michigan Journal of Race and Law (1)
- Presentations (1)
- Publications (1)
- Rutgers Law School (Newark) Faculty Papers (1)
- School of Law Conferences, Lectures & Events (1)
- Publication Type
- File Type
Articles 31 - 60 of 85
Full-Text Articles in Law
Kandies V. Polk 385 F.3d 457 (4th Cir. 2004)
Kandies V. Polk 385 F.3d 457 (4th Cir. 2004)
Capital Defense Journal
No abstract provided.
Walker V. True 399 F.3d 315 (4th Cir. 2005)
Walker V. True 399 F.3d 315 (4th Cir. 2005)
Capital Defense Journal
No abstract provided.
Riner V. Commonwealth 601 S.E.2d 555 (Va. 2004)
Riner V. Commonwealth 601 S.E.2d 555 (Va. 2004)
Capital Defense Journal
No abstract provided.
Winston V. Commonwealth 604 S.E.2d 21 (Va. 2004)
Winston V. Commonwealth 604 S.E.2d 21 (Va. 2004)
Capital Defense Journal
No abstract provided.
Mapes V. Tate 388 F.3d 187 (6th Cir. 2004)
Mapes V. Tate 388 F.3d 187 (6th Cir. 2004)
Capital Defense Journal
No abstract provided.
Expanding Terry: Compulsory Identification In Hiibel V. Sixth Judicial District Court, Humbolt County , Trevor Hickey
Expanding Terry: Compulsory Identification In Hiibel V. Sixth Judicial District Court, Humbolt County , Trevor Hickey
Brigham Young University Journal of Public Law
No abstract provided.
Eighteenth Century Public Humiliation Penalties In Twenty-First Century America: The "Shameful" Return Of "Scarlet Letter" Punishments In U.S. V. Gementera, Paul Ziel
Brigham Young University Journal of Public Law
No abstract provided.
The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill
The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill
All Faculty Scholarship
This Article addresses the ongoing-and, indeed, accelerating process of sporadic, piecemeal, and unnecessary legislation leading to increasing inconsistencies and irrationalities in American criminal law. After a wave of modernization in the I960s and 1970s, the past generation has not witnessed further advances, but rather a serious and growing degradation of most criminal codes. This Article offers several insights regarding criminal code degradation. First, it provides specific and concrete examples of degradation and its harmful effects. Second, drawing on their experiences as participants in the recent reform efforts of Illinois and Kentucky, the authors offer an insider's view of how the …
Killing The Willing: "Volunteers," Suicide And Competency, John H. Blume
Killing The Willing: "Volunteers," Suicide And Competency, John H. Blume
Michigan Law Review
When my client Robert South decided to waive his appeals so that his death sentence could be carried out, I understood why he might make that choice. Robert had a brain tumor that could not be surgically removed. Though not fatal, the tumor disrupted his sleep/wake cycle and had other negative physical consequences, including severe headaches, for his daily existence. He also had chronic post-traumatic stress disorder ("PTSD"), resulting from a profound history of childhood physical, emotional and sexual abuse. Robert suffered from daily recurrent flashbacks of the abuse. He had been on death row for almost a decade, and …
The Innocence Protection Act Of 2004: A Small Step Forward And A Framework For Larger Reforms, Ronald Weich
The Innocence Protection Act Of 2004: A Small Step Forward And A Framework For Larger Reforms, Ronald Weich
All Faculty Scholarship
Passage of the Innocence Protection Act in the closing days of the 108th Congress was a watershed moment. To be sure, the bill that finally became law was a shadow of the more ambitious criminal justice reforms first championed five years earlier by Senator Pat Leahy, Congressman Bill Delahunt and others. But the enactment of legislation designed to strengthen — not weaken — procedural protections for death row inmates was rich in symbolic importance and promise.
Writing in the April 2001 issue of THE CHAMPION (Innocence Protection Act: Death Penalty Reform on the Horizon), I said optimistically: "The criminal justice …
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Rutgers Law School (Newark) Faculty Papers
This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed.
Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …
Prison Privatization And The Development Of A "Good Faith" Defense For Private-Party Defendents To 42 U.S.C. § 1983 Actions, Mark N. Ohrenberger
Prison Privatization And The Development Of A "Good Faith" Defense For Private-Party Defendents To 42 U.S.C. § 1983 Actions, Mark N. Ohrenberger
William & Mary Bill of Rights Journal
No abstract provided.
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
All Faculty Scholarship
This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.
Psychology, Factfinding, And Entrapment, Kevin A. Smith
Psychology, Factfinding, And Entrapment, Kevin A. Smith
Michigan Law Review
Through the entrapment defense, the law acknowledges that criminal behavior is not always the result of a culpable mind, but is sometimes the result of an interaction between the individual and his environment. By limiting the amount of pressure and temptation that undercover agents may bring to bear on a target, the defense recognizes that the ordinary, law-abiding citizen can be persuaded, cajoled, or intimidated into criminal activity that, he would never consider absent law-enforcement interference. Appropriate application of the defense requires, however, that courts be able to accurately separate the truly wicked from the merely weak-willed, and offensively coercive …
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
University of Arkansas at Little Rock Law Review
No abstract provided.
State Sentencing Policy And New Prison Admissions, Ben Trachtenberg
State Sentencing Policy And New Prison Admissions, Ben Trachtenberg
University of Michigan Journal of Law Reform
As the academy's focus has turned to sentencing in the wake of Blakely v. Washington and United States v. Booker, most commentators have continued their benign neglect of actual sentencing practices as they occur in state courts, not to mention whether and how such policies are effective in achieving the goals of criminal justice.
This Note examines trends in state sentencing policies and prison populations from the perspective of a would-be state reformer hoping to decrease her state's prison budget. Economic pressures, efficiency arguments, and social justice claims have combined to cause some states to desire lower prison populations, …
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
All Faculty Scholarship
No abstract provided.
Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson
Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson
Law Faculty Scholarly Articles
The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …
Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell
Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell
Liz Campbell
Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. This article seeks to establish whether the purported benefits of the pre-trial police diversion programme in Ireland outweigh any infringements on the rights of the child. Firstly, the salient legislative provisions are briefly elucidated, and then the application of the Programme to date is examined. Next, the issue of whether traditional due process rights are relevant or necessary in the context of the Garda diversion programme …
State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson
State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson
William Mitchell Law Review
This note first discusses the Minnesota Supreme Court’s use of the Minnesota Constitution to provide broader protections for its citizens in the area of Fourth Amendment search and seizure law. This note then explains the rationale for the Minnesota Supreme Court’s decision in Askerooth. Finally, this note discusses the Atwater decision and whether it was necessary for the Minnesota Supreme Court to decide Askerooth under the state constitution.
Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze
Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze
William Mitchell Law Review
This article explains Minnesota’s expungement law and analyzes a recent Minnesota Court of Appeals decision that limits the expungement remedy. Specifically, this article begins by examining the effects of a criminal record and the purposes of expungement.8 An expungement’s main purpose is to seal an individual’s criminal record from public view, thereby allowing the individual to fully reintegrate into society. This article then provides an overview of current expungement law and its history. This article also explains different types of criminal records and the different mechanisms used to seal each type of record. The focus of this article is on …
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
William Mitchell Law Review
This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …
Supreme Court Says No Federal Guarantee Of Protection, Shauna Coleman
Supreme Court Says No Federal Guarantee Of Protection, Shauna Coleman
Public Interest Law Reporter
No abstract provided.
Taser Guns: A Safer Alternative For Police?, Felisha L. Thomas
Taser Guns: A Safer Alternative For Police?, Felisha L. Thomas
Public Interest Law Reporter
No abstract provided.
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Michigan Journal of Race and Law
This Article does not challenge the prior research on sentencing discrimination between racial categories that found no significant difference in sentences given to similarly-situated African Americans and Whites. In fact, in the jurisdiction investigated- Florida- no discrimination between African Americans and Whites was found in the sentences imposed on defendants, looking only at racial category differences. Rather, the research suggests that in focusing exclusively on discrimination between racial groups, the research has missed a type of discrimination related to race that is taking place within racial categories: namely, discrimination on the basis of a person's Afrocentric features. By Afrocentric features, …
Mental Disorder As An Exemption From The Death Penalty: The Aba-Irr Task Force Recommendations, Christopher Slobogin
Mental Disorder As An Exemption From The Death Penalty: The Aba-Irr Task Force Recommendations, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three recommendations concerning the role of mental disability in capital cases. The first two recommendations call for a prohibition on execution of offenders whose mental disorder rendered them less culpable at the time of the offense, and the third would prohibit execution of those whose mental disability currently renders them incompetent to pursue appeals or to be executed. This Article discusses the first two, culpability-related, recommendations. With respect …
Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner
Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner
Villanova Law Review
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
11/9-9/11: The Brave New World Order: Peace Through Law - Beyond Power Politics Or Peace Through Empire - Rationale Strategy And Reasonable Policy, Harvey Rishikof, Patrick Bratton
11/9-9/11: The Brave New World Order: Peace Through Law - Beyond Power Politics Or Peace Through Empire - Rationale Strategy And Reasonable Policy, Harvey Rishikof, Patrick Bratton
Villanova Law Review
No abstract provided.
Neither Big Brother Nor Dead Brother: The Need For A New Fourth Amendment Standard Applying To Emerging Technologies, Casey Holland
Neither Big Brother Nor Dead Brother: The Need For A New Fourth Amendment Standard Applying To Emerging Technologies, Casey Holland
Kentucky Law Journal
No abstract provided.