Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Yeshiva University, Cardozo School of Law (779)
- Universitas Indonesia (606)
- Washington and Lee University School of Law (299)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (294)
- Seattle University School of Law (270)
-
- BLR (220)
- Touro University Jacob D. Fuchsberg Law Center (217)
- Columbia Law School (174)
- University of Richmond (172)
- American University Washington College of Law (154)
- UIC School of Law (153)
- University of Michigan Law School (149)
- University of Maine School of Law (117)
- Brooklyn Law School (116)
- Maurer School of Law: Indiana University (113)
- University of Georgia School of Law (96)
- UC Law SF (91)
- Mercer University School of Law (87)
- Villanova University Charles Widger School of Law (85)
- Cornell University Law School (81)
- Texas A&M University School of Law (79)
- University of Miami Law School (76)
- Roger Williams University (75)
- St. John's University School of Law (72)
- Pace University (71)
- Northwestern Pritzker School of Law (70)
- Boston University School of Law (69)
- St. Mary's University (68)
- Fordham Law School (67)
- University of Colorado Law School (63)
- Keyword
-
- Criminal law (501)
- Criminal Law and Procedure (464)
- Criminal procedure (376)
- Criminal Law (225)
- Evidence (217)
-
- Death penalty (191)
- Constitutional Law (190)
- Sentencing (189)
- Criminal justice (188)
- Criminal Procedure (185)
- Capital punishment (142)
- Fourth Amendment (134)
- Due process (124)
- Supreme Court (115)
- Police (105)
- Sixth Amendment (105)
- Courts (101)
- Jurisprudence (95)
- Punishment (95)
- New York (94)
- Constitution (91)
- Law and Society (86)
- Law (82)
- Criminal (81)
- Crime (80)
- Prosecutors (80)
- Federal (77)
- Fifth Amendment (77)
- Constitutional law (73)
- Jury (73)
- Publication Year
- Publication
-
- Faculty Scholarship (554)
- Jurnal Hukum & Pembangunan (451)
- Cardozo Law Review (325)
- Nevada Supreme Court Summaries (259)
- Seattle University Law Review (222)
-
- ExpressO (195)
- Touro Law Review (185)
- Articles (167)
- University of Richmond Law Review (138)
- UIC Law Review (128)
- Faculty Publications (126)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Maine Law Review (115)
- All Faculty Scholarship (100)
- Scholarly Articles (95)
- Cardozo Journal of Equal Rights & Social Justice (94)
- Michigan Law Review (89)
- Mercer Law Review (80)
- Cornell Law Faculty Publications (79)
- Scholarly Articles in Law Reviews & Journals (77)
- Washington and Lee Law Review (77)
- Supreme Court Case Files (76)
- Scholarly Works (75)
- Articles by Maurer Faculty (67)
- Cardozo Public Law, Policy & Ethics Journal (61)
- Publications (59)
- West Virginia Law Review (58)
- Villanova Law Review (1956 - ) (54)
- Elisabeth Haub School of Law Faculty Publications (50)
- Georgetown Law Faculty Publications and Other Works (49)
- Publication Type
- File Type
Articles 3031 - 3060 of 7003
Full-Text Articles in Criminal Law
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz
The University of New Hampshire Law Review
The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …
How Prosecutors And Defense Attorneys Differ In Their Use Of Neuroscience Evidence, Deborah W. Denno
How Prosecutors And Defense Attorneys Differ In Their Use Of Neuroscience Evidence, Deborah W. Denno
Fordham Law Review
Much of the public debate surrounding the intersection of neuroscience and criminal law is based on assumptions about how prosecutors and defense attorneys differ in their use of neuroscience evidence. For example, according to some commentators, the defense’s use of neuroscience evidence will abdicate criminals of all responsibility for their offenses. In contrast, the prosecution’s use of that same evidence will unfairly punish the most vulnerable defendants as unfixable future dangers to society. This “double- edged sword” view of neuroscience evidence is important for flagging concerns about the law’s construction of criminal responsibility and punishment: it demonstrates that the same …
A Glimpse Inside The Brain’S Black Box: Understanding The Role Of Neuroscience In Criminal Sentencing, Bernice B. Donald, Erica Bakies
A Glimpse Inside The Brain’S Black Box: Understanding The Role Of Neuroscience In Criminal Sentencing, Bernice B. Donald, Erica Bakies
Fordham Law Review
This Article begins by discussing what neuroscience and the smaller associated field of study, neuropsychology, are and what they can tell us about an individual. It then recounts a brief history of sentencing in the United States. Additionally, it expounds on how the legal system currently utilizes neuroscience in the courts, noting specifically the ways in which neuroscience can be presented during the sentencing phase of trial. Finally, it discusses the use of neuroscience as a mitigating factor during sentencing and how judges can use neuroscience to combat their implicit biases.
Can Neuroscience Help Predict Future Antisocial Behavior?, Lyn M. Gaudet, Jason P. Kerkmans, Nathaniel E. Anderson, Kent A. Kiehl
Can Neuroscience Help Predict Future Antisocial Behavior?, Lyn M. Gaudet, Jason P. Kerkmans, Nathaniel E. Anderson, Kent A. Kiehl
Fordham Law Review
Part I of this Article reviews the tools currently available to predict antisocial behavior. Part II discusses legal precedent regarding the use of, and challenges to, various prediction methods. Part III introduces recent neuroscience work in this area and reviews two studies that have successfully used neuroimaging techniques to predict recidivism. Part IV discusses some criticisms that are commonly levied against the various prediction methods and highlights the disparity between the attitudes of the scientific and legal communities toward risk assessment generally and neuroscience specifically. Lastly, Part V explains why neuroscience methods will likely continue to help inform and, ideally, …
Neuroscience And Sentencing, Nancy Gertner
Neuroscience And Sentencing, Nancy Gertner
Fordham Law Review
This symposium comes at a propitious time for me. I am reviewing the sentences I was obliged to give to hundreds of men—mostly African American men—over the course of a seventeen-year federal judicial career. As I have written elsewhere, I believe that 80 percent of the sentences that I imposedwereunfair,unjust,anddisproportionate. EverythingthatIthought was important—that neuroscientists, for example, have found to be salient in affecting behavior—was irrelevant to the analysis I was supposed to conduct. My goal—for which this symposium plays an important part—is to reevaluate those sentences now under a more rational and humane system, this time at least informed by …
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
Fordham Law Review
This Article examines the implications of emerging neuroscientific findings regarding empathy for capital trials. We have approached this task with caution because neuroscientists’ understanding of the human brain is still evolving. As with any new field, if neuroscience is completely trusted before it is thoroughly tested, there is a risk of embracing the new phrenology. Given the state of the research, our advice to defense lawyers is quite modest, but we believe that there are some important lessons for lawyers, judges, legislators, and other stakeholders in the capital punishment system.
The Overlooked History Of Neurolaw, Francis X. Shen
The Overlooked History Of Neurolaw, Francis X. Shen
Fordham Law Review
In this Article, I argue that our field should more readily acknowledge that there is a history to law and neuroscience. A central challenge is whether, and how, we will learn from this history. I do not endeavor here to provide a comprehensive history of brain science and law but rather to highlight a series of four important, yet often overlooked, “moments.” These moments are (1) foundational medico-legal dialogue in the nineteenth and early twentieth centuries, (2) the introduction of electroencephalography evidence into the legal system in the mid- twentieth century, (3) the use of psychosurgery for violence prevention in …
Neuroscience And The Civil/Criminal Daubert Divide, Erin Murphy
Neuroscience And The Civil/Criminal Daubert Divide, Erin Murphy
Fordham Law Review
This Article speculates on the course of neuroscience-as-proof with an eye toward the actual admissibility standards that will govern the acceptance of such evidence by courts, not just as a matter of formal law but also as a function of historical custom. Given the legal system’s spotty record with scientific evidence—which is to say, both the demonstrated willingness of the system to admit unproven “science” or to exclude evidence despite a seemingly adequate scientific foundation—the trajectory of neuroscience in the courts cannot be predicted simply by asking about its scientific legitimacy in the abstract. Rather, an observer must ponder whether …
Foreword, Deborah W. Denno
Foreword, Deborah W. Denno
Fordham Law Review
This Foreword provides an overview of Criminal Behavior and the Brain: When Law and Neuroscience Collide, a symposium hosted by the Fordham Law Review and cosponsored by the Fordham Law School Neuroscience and Law Center. While the field of neuroscience is vast—generally constituting “the branch of the life sciences that studies the brain and nervous system”— this symposium focused on the cutting-edge ties between neuroscience evidence and the different facets of criminal law. Such an intersection invited commentary from an expert group on a wide span of topics, ranging from the historical underpinnings between law and neuroscience to the …
Correctional Change Through Neuroscience, Arielle R. Baskin-Sommers, Karelle Fonteneau
Correctional Change Through Neuroscience, Arielle R. Baskin-Sommers, Karelle Fonteneau
Fordham Law Review
Currently, the U.S. criminal justice system is under intense scrutiny. High- profile cases question the appropriateness of specific types of evidence, decision making in sentencing, and the treatment of convicted offenders. Clearly, these issues are not new. And, as has been historically the case, the justice system looks toward science for assistance in addressing and redressing problems with the delivery of justice.
Seeing Voices: Potential Neuroscience Contributions To A Reconstruction Of Legal Insanity, Jane Campbell Moriarty
Seeing Voices: Potential Neuroscience Contributions To A Reconstruction Of Legal Insanity, Jane Campbell Moriarty
Fordham Law Review
Part I of this Article explains the insanity defense in the United States. Next, Part II discusses some of the brain-based research about mental illness, focusing on schizophrenia research. Then, Part III looks at traumatic brain injury and the relationship among injury, cognition, and behavior. Finally, Part IV explains how a new neuroscience-informed standard might better inform our moral decision making about legal insanity.
Young Adulthood As A Transitional Legal Category: Science, Social Change, And Justice Policy, Elizabeth S. Scott, Richard J. Bonnie, Laurence Steinberg
Young Adulthood As A Transitional Legal Category: Science, Social Change, And Justice Policy, Elizabeth S. Scott, Richard J. Bonnie, Laurence Steinberg
Fordham Law Review
This Article seeks to advance discussions about the potential implications for justice policy of recent neuroscientific, psychological, and sociological research on young adults. In doing so, we emphasize the importance of not exaggerating either the empirical findings or their policy relevance. The available research does not indicate that individuals between the ages of eighteen and twenty are indistinguishable from younger adolescents in attributes relevant to criminal offending and punishment. Thus, we are skeptical on both scientific and pragmatic grounds about the merits of the proposal by some advocates that juvenile court jurisdiction should be categorically extended to age twenty-one. But …
Neuroscience And Criminal Law: Have We Been Getting It Wrong For Centuries And Where Do We Go From Here?, Elizabeth Bennett
Neuroscience And Criminal Law: Have We Been Getting It Wrong For Centuries And Where Do We Go From Here?, Elizabeth Bennett
Fordham Law Review
Moral responsibility is the foundation of criminal law. Will the rapid developments in neuroscience and brain imaging crack that foundation—or, perhaps, shatter it completely? Although many scholars have opined on the subject, as far as I have discovered, few come from a front-line perspective.
A Perspective On The Potential Role Of Neuroscience In The Court, Ruben C. Gur, Oren M. Gur, Arona E. Gur, Alon G. Gur
A Perspective On The Potential Role Of Neuroscience In The Court, Ruben C. Gur, Oren M. Gur, Arona E. Gur, Alon G. Gur
Fordham Law Review
This Article presents some lessons learned while offering expert testimony on neuroscience in courts. As a biomedical investigator participating in cutting-edge research with clinical and mentoring responsibilities, Dr. Ruben Gur, Ph.D., became involved in court proceedings rather late in his career. Based on the success of Dr. Gur and other research investigators of his generation, who developed and validated advanced methods for linking brain structure and function to behavior, neuroscience findings and procedures became relevant to multiple legal issues, especially related to culpability and mitigation. Dr. Gur found himself being asked to opine in cases where he could contribute expertise …
Too Sick To Be Executed: Shocking Punishment And The Brain, Joel Zivot
Too Sick To Be Executed: Shocking Punishment And The Brain, Joel Zivot
Fordham Law Review
Capital punishment, to be lawfully delivered, must occur without needless cruelty. Cruelty, defined in the setting of punishment, will naturally evolve with the maturation of civil society. Cruel punishment will always be a relative standard, and punishment cannot exceed what is morally shocking. In the setting of public executions, observers and victims share an aspect of the experience of punishment. The inmate has little opportunity to evaluate and report back on cruelty in the moments before death. Once dead, the inmate is necessarily silent on the matter. Empathy allows observers to evaluate punishment as cruel or not. Attempts by the …
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
Criminal Law And Procedure, Aaron J. Campbell
Criminal Law And Procedure, Aaron J. Campbell
University of Richmond Law Review
No abstract provided.
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
Cornell Law Faculty Publications
The neuroscience of empathy provides one more reason to believe that the decision to sentence another human being to death is inevitably an arbitrary one, and one that cannot be divorced from either race or caprice. While we can tinker with aspects of capital trials that exacerbate caprice and discrimination stemming from empathy, we cannot alter basic neural responses to the pain of others and therefore cannot rationalize (in either sense of the word) empathic responses.
Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross
Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross
Seattle University Law Review
When police kill unarmed civilians, prosecutors and grand juries often decline to bring criminal charges. Even when police officers are indicted, they are seldom convicted at trial. There are many reasons why police are rarely convicted for violent acts. Commentators have criticized the inherent conflict of interest for prosecutors who decide whether to bring charges and the fact that police are investigating their own. However, this article considers another way that police may be treated differently than other people suspected of committing violent crimes. The Fourth Amendment, designed to protect civilians from overzealous officers, now helps insulate police suspected of …
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
Notre Dame Law Review
In my own scholarship, Fallon and Meltzer’s work on habeas models prompted me to dig deeper into the historical backdrop that informed ratification of the Suspension Clause and think harder about the relevance of that history for questions of constitutional interpretation. This, in turn, has spurred work that has occupied me for many years since. In the spirit of engaging with my federal courts professor one more time, this Article tells the story of the statutory origins of the habeas privilege—what Blackstone called a “second magna carta”—and argues that any explication of the constitutional privilege and discussion of how …
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Florida State University Law Review
No abstract provided.
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford
Northwestern University Law Review
In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.
An Argument Against Civil Marriage, J. David Bleich
An Argument Against Civil Marriage, J. David Bleich
Articles
The article argues against the legal recognition of civil marriage, particularly in the context of same-sex marriage as upheld by the Supreme Court in Obergefell v. Hodges. The author contends that legal recognition of same-sex marriage conflates moral approval with legal neutrality, leading to potential conflicts between individual conscience and state mandates. Drawing on Talmudic principles and historical legal precedents, the article advocates for the abolition of civil marriage and proposes an alternative system of designating "close friends" for legal purposes to avoid such conflicts.
What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
Articles
Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …
Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State, Samantha R. Millar
Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State, Samantha R. Millar
Cardozo Law Review
No abstract provided.
Sindelar V. State, 132 Nev. Adv. Op. 68 (Sept. 29, 2016), Skyler Sullivan
Sindelar V. State, 132 Nev. Adv. Op. 68 (Sept. 29, 2016), Skyler Sullivan
Nevada Supreme Court Summaries
In Nevada, if a person is convicted three times within seven years for driving under the influence (DUI), the third conviction is a category B felony.2 The Court held that a felony DUI conviction in Utah, which occurs upon a person’s third DUI conviction within ten years, can be included as a past conviction in a later DUI offense in Nevada to make the offense a category B felony under NRS 484.410 because the conduct required to violate the Utah law is “the same or similar” as that required to violate the Nevada law.
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Other Faculty Publications
Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.My topic is not an easy one. The constitutional law is …
Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016, Niki Kuckes
Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016, Niki Kuckes
Law School Blogs
No abstract provided.
New Approaches To Data-Driven Civilian Oversight Of Law Enforcement: An Introduction To The Second Nacole/Cjpr Special Issue, Daniel L. Stageman, Nicole M. Napolitano, Brian Buchner
New Approaches To Data-Driven Civilian Oversight Of Law Enforcement: An Introduction To The Second Nacole/Cjpr Special Issue, Daniel L. Stageman, Nicole M. Napolitano, Brian Buchner
Publications and Research
In April of 2016, National Association for Civilian Oversight of Law Enforcement (NACOLE) and John Jay College partnered to sponsor the Academic Symposium “Building Public Trust: Generating Evidence to Enhance Police Accountability and Legitimacy.” This essay introduces the Criminal Justice Policy Review Special Issue featuring peer-reviewed, empirical research papers first presented at the Symposium. We provide context for the Symposium in relation to contemporary national discourse on police accountability and legitimacy. In addition, we review each of the papers presented at the Symposium, and provide in-depth reviews of each of the manuscripts included in the Special Issue.
Manning V. State, 132 Nev. Adv. Op. 67 (September 15, 2016), Andrew Clark
Manning V. State, 132 Nev. Adv. Op. 67 (September 15, 2016), Andrew Clark
Nevada Supreme Court Summaries
A request for a jury instruction on a lesser-included offense is sufficient if there is any evidence the defendant can be convicted of the lesser crime. Failure to give such an instruction is reversible error. Further, although NRS 175.161(6) allows district courts to settle jury instructions in chambers, district courts should solicit written copies of proposed jury instructions to ensure a clear record on appeal.