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Articles 1 - 23 of 23
Full-Text Articles in Law
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray
Articles & Chapters
Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices-and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors-contribute to the staggering and disproportionate incarceration of black Americans. In …
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt's Development, Randolph N. Jonakait
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt's Development, Randolph N. Jonakait
Articles & Chapters
Lessons can be learned about finding the original meaning of American criminal procedure rights by an examination of the development of the reasonable doubt standard. This is for a number of reasons. First, the status of the reasonable doubt standard seems secure. No debate questions the constitutional requirement that an accused can only be convicted if the crime is proven beyond a reasonable doubt. The standard’s original meaning can be explored uncolored by the partisanship often engendered when present seekers of original meaning hope to define a new contour to a constitutional guarantee. Furthermore, serious scholars have studied the reasonable …
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Articles & Chapters
This Article begins a theoretical and empirical discussion on bullying and cyberharassment of all students, but particularly gay and lesbian youth. Despite the recent spate of bullying-related suicides, I argue that antibullying proposals that include harsh criminal punishments for egregious cases of bullying and cyberbullying in schools lack validity as a matter of legal theory and practice. In fact, it is what makes criminalization so initially attractive — that is, the public’s emotional and retributive need for punishments equal to bullying tragedies — that ultimately leaves the proposal devoid of reason. Criminalization proposals only satisfy retributive aims and are unlikely …
People V. Harnett, Michelle Minarcik
Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel
Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel
NYLS Law Review
No abstract provided.
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
NYLS Law Review
No abstract provided.
Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware
Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware
NYLS Law Review
No abstract provided.
Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger
Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger
NYLS Law Review
No abstract provided.
Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin
Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin
NYLS Law Review
No abstract provided.
Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell
Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell
NYLS Law Review
No abstract provided.
People V. Harnett, Joanna C. Peck
Models Of Justice To Protect Innocent Persons, Tim Bakken
Models Of Justice To Protect Innocent Persons, Tim Bakken
NYLS Law Review
No abstract provided.
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross
NYLS Law Review
No abstract provided.
Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye
Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye
NYLS Law Review
No abstract provided.
Reflections On Juvenile Justice Reform In New York, Jeremy Travis
Reflections On Juvenile Justice Reform In New York, Jeremy Travis
NYLS Law Review
No abstract provided.
Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman
Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman
NYLS Law Review
No abstract provided.
Criminalizing The Classroom: The Rise Of Aggressive Policing And Zero Tolerance Discipline In New York City Public Schools, Udi Ofer
NYLS Law Review
No abstract provided.
When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco
When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco
NYLS Law Review
No abstract provided.
Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter
Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter
NYLS Law Review
No abstract provided.
People V. Givenni, Colette Siesholtz
The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman
The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman
NYLS Law Review
No abstract provided.
Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox
Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox
NYLS Law Review
No abstract provided.
Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero
Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero
NYLS Law Review
No abstract provided.