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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 …
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 …
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 …