Criminal Law Commons^™

A View From The States: Evidence-Based Public Safety Legislation, Juliene James, Lauren-Brooke Eisen, Ram Subramanian

Journal of Criminal Law and Criminology

No abstract provided.

Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria

Journal of Criminal Law and Criminology

No abstract provided.

Judicial Intervention And Juvenile Corrections Reform: A Case Study Of Jerry M. V. District Of Columbia, Will Singer

Journal of Criminal Law and Criminology

No abstract provided.

Prosecution In 3-D, Kay L. Levine, Ronald F. Wright

Journal of Criminal Law and Criminology

No abstract provided.

Child Witnesses And The Confrontation Clause, Thomas D. Lyon, Julia A. Dente

Journal of Criminal Law and Criminology

No abstract provided.

Two Models Of The Prison: Accidental Humanity And Hypermasculinity In The L.A. County Jail, Sharon Dolovich

Journal of Criminal Law and Criminology

No abstract provided.

Prosecutorial Discretion, Hidden Costs, And The Death Penalty: The Case Of Los Angeles County, Nicholas Petersen, Mona Lynch

Journal of Criminal Law and Criminology

No abstract provided.

Prosecutorial Training Wheels: Ginsburg's Connick V. Thompson Dissent And The Training Imperative, Timothy Fry

Journal of Criminal Law and Criminology

No abstract provided.

"Somebody Help Me Understand This": The Supreme Court's Interpretation Of Prosecutorial Immunity And Liability Under § 1983, Kate Mcclelland

Journal of Criminal Law and Criminology

No abstract provided.

The Crime Victim’S Expanding Role In A System Of Public Prosecution: A Response To The Critics Of The Crime Victims’ Rights Act, Paul G. Cassell, Steven Joffee

NULR Online

The American criminal justice system is often envisioned as one in which public prosecutors pursue public prosecutions on behalf of the public—leaving no room for crime victims’ involvement. However, state and federal statutes and state constitutional amendments have challenged this vision. Perhaps the best example of such a challenge comes from the Crime Victims’ Rights Act (“CVRA”), a federal statute passed by Congress in 2004 that guarantees victims a series of rights in federal criminal proceedings.

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

The Oberlin Fugitive Slave Rescue: A Victory For The Higher Law, Steven Lubet

Faculty Working Papers

This article tells the story of the Oberlin fugitive slave rescue and the ensuing prosecutions in federal court. The trial of rescuer Charles Langston marked one of the first times that adherence to "higher law" was explicitly raised as a legal defense in an American courtroom. The article is adapted from my book -- Fugitive Justice: Runaways, Rescuers, and Slavery on Trial -- which tells this story (and several others) in much more detail.

In the fall of 1859, John Price was a fugitive slave living in the abolitionist community of Oberlin, Ohio. He was lured out of town and …

Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Morris Mcdonnell

Faculty Working Papers

Blameworthiness, in the criminal law context, is conceived as the carefully calculated end product of discrete judgments about a transgressor's intentionality, causal proximity to harm, and the harm's foreseeability. Research in social psychology, on the other hand, suggests that blaming is often intuitive and automatic, driven by a natural impulsive desire to express and defend social values and expectations. The motivational processes that underlie psychological blame suggest that judgments of legal blame are influenced by factors the law does not always explicitly recognize or encourage. In this Article we focus on two highly related motivational processes – the desire to …

Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.

Contemporary Prosecutions Of Civil Rights Era Crimes: An Argument Against Retroactive Application Of Statute Of Limitations Amendments, Michael Rowe

Journal of Criminal Law and Criminology

No abstract provided.

The Status Quo Bias And Counterterrorism Detention, Gregory S. Mcneal

Journal of Criminal Law and Criminology

No abstract provided.

Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984–2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell

Journal of Criminal Law and Criminology

No abstract provided.

Sex Offender Exceptionalism And Preventative Detention, Corey Rayburn Yung

Journal of Criminal Law and Criminology

No abstract provided.

The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.

The Search For Rapists’ “Real” Motives, David P. Bryden, Maren M. Grier

Journal of Criminal Law and Criminology

No abstract provided.

Class Matters, Erica J. Hashimoto

Journal of Criminal Law and Criminology

No abstract provided.

The Proper Remedy For A Lack Of Batson Findings: The Fall-Out From Snyder V. Louisiana, William H. Burgess, Douglas G. Smith

Journal of Criminal Law and Criminology

No abstract provided.

Everybody’S Got A Price: Why Orange County’S Practice Of Taking Dna Samples From Misdemeanor Arrestees Is An Excessive Fine, Michael Purtill

Journal of Criminal Law and Criminology

No abstract provided.

Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin

Journal of Criminal Law and Criminology

No abstract provided.

A Law Of Passion, Not Of Principle, Nor Even Purpose: A Call To Repeal Or Revise The Adam Walsh Act Amendments To The Bail Reform Act Of 1984, Michael R. Handler

Journal of Criminal Law and Criminology

No abstract provided.

The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li

Journal of Criminal Law and Criminology

No abstract provided.

Repudiating Death, William W. Berry Iii

Journal of Criminal Law and Criminology

No abstract provided.

American Policing At A Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq

Journal of Criminal Law and Criminology

No abstract provided.

A Lie Is A Lie: An Argument For Strict Protection Against A Prosecutor’S Knowing Use Of Perjured Testimony, Charlie Devore

Journal of Criminal Law and Criminology

No abstract provided.

Excusing Behavior: Reclassifying The Federal Common Law Defenses Of Duress And Necessity Relying On The Victim’S Role, Monu Bedi

Journal of Criminal Law and Criminology

No abstract provided.