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Full-Text Articles in Law
Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen
Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen
Chicago-Kent Law Review
This is another in a series of papers examining the interaction between the implications of the deadly dilemma of governing that virtually all governmental action involves unavoidable conflict between equally laudatory goals and the conventional way of thinking about social errors. Typically the pursuit of any particular goal has as its consequence precisely the kind of harm that is desired to be avoided. For example, serious felons are sent to prison in part to protect innocent parties from their future predations, but those same felons often prey upon fellow prisoners, including murder. Moreover, felonies committed in prison only begin the …
Modes Of Discretion In The Criminal Justice System, Roger Fairfax
Modes Of Discretion In The Criminal Justice System, Roger Fairfax
Presentations
No abstract provided.
Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich
Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich
All Faculty Scholarship
At a recent meeting of the National Association of Sentencing Commissions, Yale professor Dan Freed was honored during a panel discussion titled "Standing on the Shoulders of Sentencing Giants," Dan Freed is indeed a sentencing giant. but he is the gentlest giant of all. It is hard to imagine that a man as mild-mannered, soft-spoken, and self-effacing as Dan Freed has had such a profound impact on federal sentencing law and so many other areas of criminal justice policy, Yet he has.
I've been in many rooms with Dan Freed over the years — classrooms, boardrooms, dining rooms, and others. …
Advantages And Disadvantages Of The Adversarial System In Criminal Proceedings, William Van Caenegem
Advantages And Disadvantages Of The Adversarial System In Criminal Proceedings, William Van Caenegem
William Van Caenegem
Extract: In this sub-section the advantages and disadvantages of the adversarial system are investigated with reference to the most well-known (and closely affiliated) alternative, the (so-called) inquisitorial system prevalent in continental Europe, and in a large number of other nations, including some in our region.
Crawford In Minnesota: The First Five Years, Ted Sampsell-Jones
Crawford In Minnesota: The First Five Years, Ted Sampsell-Jones
Journal of Law and Practice
No abstract provided.
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger Fairfax
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
From just after the turn of the twentieth century through World War II, there was a great deal of activity around criminal justice reform. Much like today, many commentators in the early twentieth century considered the American criminal justice system to be broken. With regard to all of its phases-substance, sentencing, and procedure-the criminal justice system was thought to be inefficient and ineffective, and it failed to inspire the confidence of the bench, bar, or public.
Against this backdrop, a group of reformers sought to address the shortcomings of early twentieth-century criminal justice-during what I consider the "Golden Age" of …
Commentary: Was The Bill Of Rights Irrelevant To Nineteenth-Century State Criminal Procedure?, Carolyn B. Ramsey
Commentary: Was The Bill Of Rights Irrelevant To Nineteenth-Century State Criminal Procedure?, Carolyn B. Ramsey
Publications
No abstract provided.
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
Publications
After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …