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Full-Text Articles in Law

A Criminal Justice System That Works, Alan E. Garfield Sep 2010

A Criminal Justice System That Works, Alan E. Garfield

Alan E Garfield

No abstract provided.


Guidelines As Guidelines: Lessons From The History Of Sentencing Reform, Rakesh Kilaru Jan 2010

Guidelines As Guidelines: Lessons From The History Of Sentencing Reform, Rakesh Kilaru

Rakesh Kilaru

Over the last thirty years, sentencing guidelines have become an increasingly prominent feature of the American criminal justice system. Between the Supreme Court’s Apprendi-Blakely-Booker line of cases, dedicated law reviews like the Federal Sentencing Reporter, multitudinous other law review pieces, and Doug Berman’s famous sentencing blog, a great deal of ink has been spilled discussing the contours and future of guidelines reform. Most of this scholarship, however, falls in one of two camps. In one camp are scholars who chronicle the history of sentencing guidelines in particular states. In the other are scholars who discuss guidelines as a national phenomenon, …


Justice Deserts: Spatial Inequality And Local Funding Of Indigent Defense, Lisa R. Pruitt Dec 2009

Justice Deserts: Spatial Inequality And Local Funding Of Indigent Defense, Lisa R. Pruitt

Lisa R Pruitt

This Article, written for a symposium on “Funding Justice,” maps legal conceptions of (in)equality onto the socio-geographic conception of spatial inequality in relation to indigent defense services in Arizona. In particular, we examine county-to-county variations in funding and structures for providing this constitutionally mandated service. We conclude that the State of Arizona’s current system for delivering indigent defense services puts it at serious risk of violating the U.S. Constitution’s Sixth Amendment right to counsel and/or the Equal Protection Clause of the Fourteenth Amendment. We outline county-level, legislative and judicial solutions to the problems we identify.
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One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo Dec 2009

One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo

Richard A. Leo

In this article the authors analyze a century of research on the causes and consequences of wrongful convictions in the American criminal justice system while explaining the many lessons of this body of work. This article chronicles the range of research that has been conducted on wrongful convictions; examines the common sources of error in the criminal justice system and their effects; suggests where additional research and attention are needed; and discusses methodological strategies for improving the quality of research on wrongful convictions. The authors argue that traditional sources of error (eyewitness misidentification, false confessions, perjured testimony, forensic error, tunnel …


Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne Dec 2009

Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne

Daniel T. Coyne

No abstract provided.