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Full-Text Articles in Law
Amicus Brief In Terrance Williams V Pennsylvania, Lawrence J. Fox
Amicus Brief In Terrance Williams V Pennsylvania, Lawrence J. Fox
Amicus Briefs
No abstract provided.
Can Criminal Law Do Without Moralism?, Review Of Crime And Punishment: A Concise Moral Critique By Hyman Gross, Youngjae Lee
Can Criminal Law Do Without Moralism?, Review Of Crime And Punishment: A Concise Moral Critique By Hyman Gross, Youngjae Lee
Faculty Scholarship
This is a review of Hyman Gross, Crime and Punishment: A Concise Moral Critique (Oxford: Oxford University Press, 2012).
The War On Drugs And Prison Growth: Limited Importance, And Limited Legislative Options, John F. Pfaff
The War On Drugs And Prison Growth: Limited Importance, And Limited Legislative Options, John F. Pfaff
Faculty Scholarship
No abstract provided.
The Myth Of The Double- Edged Sword: An Empirical Study Of Neuroscience Evidence In Criminal Cases, Deborah W. Denno
The Myth Of The Double- Edged Sword: An Empirical Study Of Neuroscience Evidence In Criminal Cases, Deborah W. Denno
Faculty Scholarship
This Article presents the results of my unique study of 800 criminal cases addressing neuroscience evidence over the past two decades (1992–2012). Many legal scholars have theorized about the impact of neuroscience evidence on the criminal law, but this is the first empirical study of its kind to systematically investigate how courts assess the mitigating and aggravating strength of such evidence. My analysis reveals that neuroscience evidence is usually offered to mitigate punishments in the way that traditional criminal law has always allowed, especially in the penalty phase of death penalty trials. This finding controverts the popular image of neuroscience …
Federal Sentencing In The States: Some Thoughts On Federal Grants And State Imprisonment, John F. Pfaff
Federal Sentencing In The States: Some Thoughts On Federal Grants And State Imprisonment, John F. Pfaff
Faculty Scholarship
As the movement to reduce the outsized scale of US incarceration rates gains momentum, there has been increased attention on what federal sentencing reform can accomplish. Since nearly 90% of prisoners are held in state, not federal, institutions, an important aspect of federal reform should be trying to alter how the states behave. Criminal justice, however, is a distinctly state and local job over which the federal government has next to no direct control. In this paper, I examine one way in which the federal government may be driving up state incarceration rates, and thus one way it can try …