Criminal Law Commons^™

Reflections On The "Inevitability" Of Racial Discrimination In Capital Sentencing And The "Impossibility" Of Its Prevention, Detection, And Correction, David C. Baldus, George Woodworth, Charles A. Pulaski, Jr.

Washington and Lee Law Review

No abstract provided.

House Bill 591: Florida Compensates Rosewood Victims And Their Families For A Seventy-One-Year-Old Injury, C. Jeanne Bassett

Florida State University Law Review

No abstract provided.

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman

Faculty Scholarship

No abstract provided.

Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg

Seattle University Law Review

This Note analyzes the Roulette holding with respect to prior decisions on begging and vagrancy. In addition, this Note discusses the sidewalk ordinance with respect to the efforts of other communities to control the detrimental effects of a growing homeless population. This Note concludes that the Roulette holding strikes a constitutionally valid doctrinal and jurisprudential middle ground between abandoning the streets to the homeless and driving them from the community. It is argued that the sidewalk ordinance is normatively valid, in that it sets a reasonable standard of conduct that meets commonly accepted norms of civility, serving to benefit the …

“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding

Law Faculty Scholarly Articles

The first section of this Article provides a brief historical overview of the proscription against executing the incompetent and the proffered rationales. This section also examines key factors contributing to the increase in the number of mentally dysfunctional condemned inmates. Then the Article explores the traditional competency-to-execute model that remains in use. This analysis will include a discussion of specific issues, such as: the term used to describe the requisite mental affliction, how that term is defined in order to identify who may ultimately benefit from the rule in Ford v. Wainwright, what standard is appropriate to determine whether …

Violence Against Lesbians And Gay Men, Suzanne B. Goldberg, Bea Hanson

Faculty Scholarship

Faggot! Dyke! Pervert! Homo!" Just words? Or rhetoric that illuminates and fuels hatred of lesbians and gay men? How often are these words supplemented by the use of a bat, golf clubs, a hammer, a knife, a gun? Studies indicate that lesbians and gay men experience criminal victimization at rates significantly higher than other individuals and are the most frequent victims of bias crime.

Since lesbians and gay men live all across the country – in large cities, small towns, and rural areas – we can be targets of bias crime no matter where we live. From the attacks against …

Corrections Law: The Supreme Court And Treatment In Correctional And Forensic Mental Health Facilities: Recent Trends And Decisions, Michael L. Perlin

Articles & Chapters

No abstract provided.

Will The "Real" Battered Woman Please Stand Up? In Search Of A Realistic Legal Definition Of Battered Woman Syndrome, A.Renée Callahan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo

All Faculty Scholarship

This article argues that acts of gender-based violence should be recognized under the Hate Crimes Statistics Act of 1990, and that certain types of violence against women, such as rape, are fundamentally gender-based. Part I examines the existing definition of hate crimes under the HCSA, and the exclusion of the majority of violence against women. Part II suggests gender should be included as a category under the HCSA because of the similar effects of violence directed at women due to gender, and violence directed at members of other groups because of their group identity. Using acquaintance rape as an example, …

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse

Washington and Lee Law Review

No abstract provided.

Defending The Poor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.

Prostitution And Civil Rights, Catharine A. Mackinnon

Michigan Journal of Gender & Law

The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women.' To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them.

Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The U. S. criminal justice system has undergone radical changes in the past generation. Crime is more complex; prosecutors are more powerful; and courts, corrections agencies, and defense services are burdened with larger case loads and tighter budgets. It is not the best of times to talk about justice. Yet, it is a subject that needs to be constantly addressed, particularly in times of crisis. The following essay focuses on some of the problems that present themselves in the criminal justice system today, including the conviction of innocent defendants, especially in capital cases; racial prejudice; and lawyer incompetence.

Racial Imagery In Criminal Cases, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Articles & Chapters

No abstract provided.

The Clemency Process In Virginia, Walter A. Mcfarlane

University of Richmond Law Review

When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.

The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver

University of Richmond Law Review

The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …

Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan Sturm

Faculty Scholarship

The rise of the public interest law movement ushered in an era of intense debate over the best way to provide legal representation to those unable to afford private counsel. This debate has involved two related dimensions of public interest representation. First, advocates and observers of public interest practice disagree over the proper role of lawyers acting on behalf of poor and underrepresented clients. They offer competing visions of representation spanning a continuum, from providing equal access to the courts for as many poor people as possible, to attacking the causes and effects of poverty and powerlessness.

The second dimension …

A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …

Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie

Florida State University Law Review

No abstract provided.

Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.

Florida State University Law Review

No abstract provided.

Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz

Seattle University Law Review

This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street

Florida State University Law Review

No abstract provided.

Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder

Faculty Works

No abstract provided.