Criminal Law Commons^™

Federal Habeas Review: The Supreme Court's Failure To Apply Williams Consistently, Marry Connell Grubb

Journal of Criminal Law and Criminology

No abstract provided.

United States V. Oakland Cannabis Buyers' Cooperative: Whatever Happened To Federalism, Caroline Herman

Journal of Criminal Law and Criminology

No abstract provided.

Shafer V. South Carolina: Another Missed Opportunity To Remove Juror Ignorance As A Factor In Capital Sentencing, William Baarsma

Journal of Criminal Law and Criminology

No abstract provided.

Blurring The Line: Impact Of Offense-Specific Sixth Amendment Right To Counsel, Melissa Minas

Journal of Criminal Law and Criminology

No abstract provided.

Foreword: Terrorism And Utilitarianism: Lessons From, And For, Criminal Law, Paul Butler

Journal of Criminal Law and Criminology

No abstract provided.

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …

Restorative Justice And Collective Responsibility: Lessons For And From The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis …

Punishment Theory: Moral Or Political?, Guyora Binder

Journal Articles

This article argues that the justification of punishment is best conceived as a problem of political theory rather than moral philosophy. Noting the familiar charge that utilitarianism permits framing the innocent, it argues that retributivism is equally vulnerable to the charge that it permits lynching the guilty. It argues that both critiques unfairly attribute lawlessness and dishonesty to the respective punishment theories. As a result, they mischaracterize both as theories about what individuals should do, rather than what acts legitimate government should authorize. In so doing, they disregard how committed the founders of the respective theories were to the rule …

The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Times may or may not be changing for gay people in the criminal justice system--and for the import of sexual orientation in criminal law. It depends on the nature of the case and, more importantly, exactly whose sexual orientation we are talking about.

Signs of positive change include the recent high profile Matthew Shepard and Diane Whipple cases, in which gay and lesbian homicide victims were mourned not only by the gay community, but also by the entire country. It was no doubt helpful that both Shepard and Whipple presented very appealing images of gay people: each was young, attractive, …

Policing Guns And Youth Violence, Jeffrey A. Fagan

Faculty Scholarship

To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:

• Law enforcement agencies that emphasized police-citizen cooperation benefited …

Rates Of Reversible Error And The Risk Of Wrongful Execution, James S. Liebman

Faculty Scholarship

Innocent fatalities are a concern of all social activity with a capacity to kill. This is especially true when the social activity is the death penalty since an innocent person's execution is not simply a tragic collateral consequence of activity with a non-fatal objective. Instead, the taking of life is the goal of the enterprise, and the killing is the intended act of the state.

There is another difference between accidental fatalities in other social activities and those that occur when the capital system miscarries. Typically, the former fatalities are easy to spot and quantify; the latter are not. Precisely …

A Broken System, Part Ii: Why There Is So Much Error In Capital Cases And What Can Be Done About It, James S. Liebman, Jeffrey A. Fagan, Andrew Gelman, Valerie West, Garth Davies, Alexander Kiss

Faculty Scholarship

There is growing awareness that serious, reversible error permeates America’s death penalty system, putting innocent lives at risk, heightening the suffering of victims, leaving killers at large, wasting tax dollars, and failing citizens, the courts and the justice system.

Our June 2000 Report shows how often mistakes occur and how serious it is: 68% of all death verdicts imposed and fully reviewed during the 1973-1995 study period were reversed by courts due to serious errors.

Analyses presented for the first time here reveal that 76% of the reversals at the two appeal stages where data are available for study were …

Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones

Vanderbilt Law School Faculty Publications

This review essay discusses the book A Natural History of Rape: Biological Bases of Sexual Coercion, by Randy Thornhill and Craig Palmer (MIT Press, 2000). The essay builds on work previously appearing in Owen D. Jones, Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999) and Owen D. Jones, Law and the Biology of Rape: Reflections on Transitions, 11 Hastings Women's Law Journal 151 (2000).

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.

Terrorism And Remorse: Psychology And The Death Penalty, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on the forensic psychological task to develop information bearing on penalties for convicted terrorists.

Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor

International Bulletin of Political Psychology

The IBPP editor discusses the logic/rationale behind the idea that convicted terrorists facing the death penalty should neither convicted nor face said penalty given that the soldiers are (or consider themselves to be) soldiers in a war.

Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the nuances surrounding the use of the death penalty in terrorism cases.

Fourth Amendment Privacy Interests, William C. Heffernan

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.

Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan

Journal of Criminal Law and Criminology

No abstract provided.

Commonsense Theory Of Deterrence And The Ideology Of Science: The New York State Death Penalty Debate, James M. Galliher, John F. Galliher

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver

Journal of Criminal Law and Criminology

No abstract provided.

Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry

Journal of Criminal Law and Criminology

No abstract provided.

Reconstructing Consent, Marcy Strauss

Journal of Criminal Law and Criminology

No abstract provided.

Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.

It's An Ex Post Fact: Supreme Court Misapplies The Ex Post Facto Clause To Criminal Procedure Statutes, Danielle Kitson

Journal of Criminal Law and Criminology

No abstract provided.

Does Immunity Granted Really Equal Immunity Received, Ryan Mclennan

Journal of Criminal Law and Criminology

No abstract provided.

Anti-Prostitution Zones: Justifications For Abolition, Sandra L. Moser

Journal of Criminal Law and Criminology

No abstract provided.