Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (81)
- Criminal Procedure (21)
- Law and Society (11)
- Constitutional Law (10)
- Courts (9)
-
- Civil Rights and Discrimination (8)
- State and Local Government Law (8)
- Law and Race (7)
- Public Law and Legal Theory (7)
- Judges (6)
- Law Enforcement and Corrections (6)
- Law and Psychology (6)
- Legal History (6)
- Social and Behavioral Sciences (6)
- Business Organizations Law (5)
- Criminology and Criminal Justice (5)
- Jurisdiction (5)
- Legal Studies (5)
- Litigation (5)
- Rule of Law (5)
- Supreme Court of the United States (5)
- Civil Law (4)
- Human Rights Law (4)
- Legislation (4)
- Social Welfare Law (4)
- Civil Procedure (3)
- Conflict of Laws (3)
- Evidence (3)
- Fourteenth Amendment (3)
- Institution
-
- University of Denver (30)
- Selected Works (13)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Vanderbilt University Law School (4)
- Fordham Law School (3)
-
- Loyola University Chicago, School of Law (3)
- University of Georgia School of Law (3)
- Boston University School of Law (2)
- Georgetown University Law Center (2)
- Louisiana State University Law Center (2)
- Pace University (2)
- Southern Methodist University (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- California Western School of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Ohio Northern University (1)
- Osgoode Hall Law School of York University (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- St. Thomas University College of Law (1)
- Texas A&M University School of Law (1)
- The University of Akron (1)
- University of Maryland Francis King Carey School of Law (1)
- University of North Carolina School of Law (1)
- Publication
-
- University of Denver Criminal Law Review (30)
- Faculty Scholarship (7)
- Owen Jones (6)
- Touro Law Review (5)
- Faculty Publications & Other Works (3)
-
- All Faculty Scholarship (2)
- Faculty Journal Articles and Book Chapters (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal Articles (2)
- Louisiana Law Review (2)
- Publications (2)
- Scholarly Works (2)
- Vanderbilt Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- Veronica Root (2)
- AI-DR Collection (1)
- Akron Law Review (1)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- Brian Gallini (1)
- Christopher Slobogin (1)
- Cleveland State Law Review (1)
- Faculty & Staff Scholarship (1)
- Intercultural Human Rights Law Review (1)
- LLM Theses (1)
- Law Publications (1)
- Library Impact Statements (1)
- Loyola of Los Angeles Law Review (1)
- Marah McLeod (1)
- Marquette Law Review (1)
- Publication Type
Articles 61 - 90 of 95
Full-Text Articles in Law
Ohio's New Sentencing Guidelines: A "Middleground" Approach To Crack Sentencing, Dan Haude
Ohio's New Sentencing Guidelines: A "Middleground" Approach To Crack Sentencing, Dan Haude
Akron Law Review
No abstract provided.
Reforming Competence Restoration Statutes: An Outpatient Model, Susan A. Mcmahon
Reforming Competence Restoration Statutes: An Outpatient Model, Susan A. Mcmahon
Georgetown Law Faculty Publications and Other Works
Defendants who suffer from mental illness and are found incompetent to stand trial are often ordered committed to an inpatient mental health facility to restore their competence, even if outpatient care may be the better treatment option. Inpatient facilities are overcrowded and place the defendants on long waiting lists. Some defendants then spend weeks, months, or even years in their jail cell, waiting for a transfer to a hospital bed.
Outpatient competence restoration programs promise to relieve this pressure. But even if every state suddenly opened a robust outpatient competence restoration program, an obstacle looms: the statutes governing competence restoration, …
Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky
Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky
Tsion Chudnovsky, JD
Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle
Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle
Louisiana Law Review
The article offers a look at the Louisiana Constitution and discusses the constitutional provision governing appellate review of criminal cases.
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
Louisiana Law Review
The article explores the inadequacies to indigent offenders in the sex offender registration and notification laws of Louisiana and recommends solutions to fix them.
The Persistence Of Fatal Police Taserings In 2018, Donald E. Wilkes Jr.
The Persistence Of Fatal Police Taserings In 2018, Donald E. Wilkes Jr.
Popular Media
Fatal police taserings have been a persistent phenomenon in the United States for nearly two decades. Steadily, relentlessly, year after year, month after month, our police kill citizens with tasers. This article reviews the history of fatal police taserings and those that occurred in 2018.
Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli
Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli
Texas A&M Law Review
Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future …
Ethics In Criminal Justice Ccg 333, Karen Morse
Ethics In Criminal Justice Ccg 333, Karen Morse
Library Impact Statements
No abstract provided.
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Journal Articles
Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by paroleboards as executive branch agents, rather …
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
Faculty Publications & Other Works
No abstract provided.
The Effects Of Voluntary And Presumptive Sentencing Guidelines, Stephen Rushin, Josph Colquitt, Griffin Sims Edwards
The Effects Of Voluntary And Presumptive Sentencing Guidelines, Stephen Rushin, Josph Colquitt, Griffin Sims Edwards
Faculty Publications & Other Works
This Article empirically illustrates that the introduction of voluntary and presumptive sentencing guidelines at the state-level can contribute to statistically significant reductions in sentence length, inter-judge disparities, and racial disparities.
For much of American history, judges had largely unguided discretion to select criminal sentences within statutorily authorized ranges. But in the mid-to-late twentieth century, states and the federal government began experimenting with sentencing guidelines designed to reign in judicial discretion to ensure that similarly situated offenders received comparable sentences. Some states have made their guidelines voluntary, while others have made their guidelines presumptive or mandatory, meaning that judges must generally …
The Effects Of Voluntary And Presumptive Sentencing Guidelines, Stephen Rushin, Griffin Sims Edwards, Josph Colquitt
The Effects Of Voluntary And Presumptive Sentencing Guidelines, Stephen Rushin, Griffin Sims Edwards, Josph Colquitt
Faculty Publications & Other Works
This Article empirically illustrates that the introduction of voluntary and presumptive sentencing guidelines at the state-level can contribute to statistically significant reductions in sentence length, inter-judge disparities, and racial disparities.
For much of American history, judges had largely unguided discretion to select criminal sentences within statutorily authorized ranges. But in the mid-to-late twentieth century, states and the federal government began experimenting with sentencing guidelines designed to reign in judicial discretion to ensure that similarly situated offenders received comparable sentences. Some states have made their guidelines voluntary, while others have made their guidelines presumptive or mandatory, meaning that judges must generally …
Methods And Severity: The Two Tracks Of Section 12, Benjamin Berger, Lisa Kerr
Methods And Severity: The Two Tracks Of Section 12, Benjamin Berger, Lisa Kerr
Articles & Book Chapters
This paper argues that there are two main routes – two tracks – by which one can arrive at the fundamental wrong at the heart of section 12 of the Charter. On the “methods track”, the state can run afoul of section 12 by using intrinsically unacceptable methods of treatment or punishment. For historical reasons, jurisprudence on this track is not well developed in Canada, though it would clearly prohibit the death penalty and most methods of corporal punishment. On the “severity track”, the concern is with excessive punishment. Here, even where the state has chosen a legitimate method of …
The Temptations Of Scapegoating, Daniel B. Yeager
The Temptations Of Scapegoating, Daniel B. Yeager
Faculty Scholarship
We say “it is better that ten guilty persons escape, than one innocent suffer.” Evidence of the law’s 10:1 preference for false acquittals, however, is weak. In actuality, the “twofold aim … that guilt shall not escape or innocence suffer” weights the avoidance of false convictions and false acquittals equally. Likewise, the Supreme Court’s claim that “the central purpose of a criminal trial is to decide the factual question of the defendant’s guilt or innocence” is, it turns out, porous. The truth sought at trial need be only true enough—verdicts are legally true if fairly arrived at. While the risk …
Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez
Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez
Faculty Scholarship
No abstract provided.
Foreign Affairs Prosecutions, Steven Arrigg Koh
Foreign Affairs Prosecutions, Steven Arrigg Koh
Faculty Scholarship
Contemporary global crime and cross-border law enforcement cooperation have multiplied “foreign affairs prosecutions,” cases that encompass foreign apprehension, evidence gathering, and criminal conduct, as well as cases that implicate foreign nations’ criminal justice interests. Robert Mueller’s Russia investigation, the fugitive Edward Snowden, and the cross-border crimes of FIFA and El Chapo all exemplify such foreign affairs prosecutions. This Article argues that foreign affairs prosecutions represent a consequential shift in U.S. criminal law, offering the promise of closing global impunity gaps. At the same time, however, such cases risk defendant interests at home and U.S. foreign policy abroad. This Article calls …
Federal Courts' Supervisory Authority In Federal Criminal Cases: The Warren Court Revolution That Might Have Been, Bruce A. Green
Federal Courts' Supervisory Authority In Federal Criminal Cases: The Warren Court Revolution That Might Have Been, Bruce A. Green
Faculty Scholarship
No abstract provided.
Neurohype And The Law: A Cautionary Tale, Stephen J. Morse
Neurohype And The Law: A Cautionary Tale, Stephen J. Morse
All Faculty Scholarship
This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.
Graffiti, Street Art, Walls, And The Public In Canadian Copyright Law, Pascale Chapdelaine
Graffiti, Street Art, Walls, And The Public In Canadian Copyright Law, Pascale Chapdelaine
Law Publications
Graffiti is vilified, and at the same time is increasingly revered and celebrated. This ambivalence is reflected in the general legal landscape that surrounds graffiti and other forms of street art at the criminal, civil and municipal levels. Within this general legal framework, the application of copyright law to graffiti and street art reveals a complex web of interwoven issues about the protection of the graffiti artist’s economic and moral rights and questions of illegality and public policy, and about the rights of the property owner of the “wall” on which the art resides, and the public. This book chapter …
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
Mens Rea In Comparative Perspective
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …
The Compliance Process, Veronica Root Martinez
The Compliance Process, Veronica Root Martinez
Journal Articles
Even as regulators and prosecutors proclaim the importance of effective compliance programs, failures persist. Organizations fail to ensure that they and their agents comply with legal and regulatory requirements, industry practices, and their own internal policies and norms. From the companies that provide our news, to the financial institutions that serve as our bankers, to the corporations that make our cars, compliance programs fail to prevent misconduct each and every day. The causes of these compliance failures are multifaceted and include general enforcement deficiencies, difficulties associated with overseeing compliance programs within complex organizations, and failures to establish a culture of …
Mens Rea Reform And Its Discontents, Benjamin Levin
Mens Rea Reform And Its Discontents, Benjamin Levin
Publications
This Article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …
The Left's Law-And-Order Agenda, Aya Gruber
Gamble, Dual Sovereignty, And Due Process, Anthony J. Colangelo
Gamble, Dual Sovereignty, And Due Process, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
The Constitution’s Double Jeopardy Clause is an analytically gnarly beast. What seems like a fairly straightforward prohibition on multiple prosecutions for the same crime turns out to be a bramble bush of doctrinal twists and snarls. At the center is the so-called “dual sovereignty” doctrine. This principle holds that separate sovereigns may prosecute for what looks like the same “offence”—to use the Constitution’s language—because they have separate laws, and those laws prohibit separate offenses, and thus the Double Jeopardy Clause’s bar on multiple prosecutions for the same offense simply does not come into play. As a doctrine that relates to …
Prosecuting In The Shadow Of The Jury, Anna Offit
Prosecuting In The Shadow Of The Jury, Anna Offit
Faculty Journal Articles and Book Chapters
This article offers an unprecedented empirical window into prosecutorial discretion drawing on long-term participatory research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make common sense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, …
How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno
How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno
Faculty Scholarship
Neurobiological and epidemiological research suggests that abuse and adverse events experienced as a child can increase an adult’s risk of brain dysfunction associated with disorders related to criminality and violence. Much of this research is predictive, based on psychological evaluations of children; few studies have focused on whether or how criminal proceedings against adult defendants consider indicators of childhood trauma. This Article analyzes a subset of criminal cases pulled from an 800-case database created as part of an original, large-scale, empirical research project known as the Neuroscience Study. The 266 relevant cases are assessed to determine the extent to which, …
Misdemeanor Appeals, Nancy J. King, Michael Heise
Misdemeanor Appeals, Nancy J. King, Michael Heise
Vanderbilt Law School Faculty Publications
We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts review no more than eight in ten thousand misdemeanor convictions and disturb only one conviction or sentence out of every ten thousand misdemeanor judgments. This level of oversight is much lower than that for felony cases, for reasons we explain. To develop law and regulate error in misdemeanor cases, particularly in prosecutions for the lowest-level offenses, courts may need to provide mechanisms for judicial scrutiny outside the direct appeal process.
Additional findings include new information about the rate of felony trial court review …
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Scholarly Works
In 2017 and 2018, the Supreme Court issued two little-noticed decisions—Lee v. United States and Class v. United States. While neither case captured the attention of the national media nor generated meaningful academic commentary, both cases are well deserving of critical examination for reasons independent of the issues presented to the Court. They deserve review because of a consequential shared fact; a fact representative of a commonplace, yet largely overlooked, federal court practice that routinely disadvantages the indigent (and disproportionately minority populations), and compromises the integrity of arguably the most consequential component of the federal criminal justice process. In each …
Bias In, Bias Out, Sandra G. Mayson
Bias In, Bias Out, Sandra G. Mayson
Scholarly Works
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.
This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …