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Articles 241 - 270 of 338
Full-Text Articles in Criminal Law
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Articles
No abstract provided.
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
Articles
No abstract provided.
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
Articles
No abstract provided.
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil
Articles
On August 14, 1989, the Cook County Circuit Court in Chicago, Illinois, vacated Gary Dotson's 1979 rape conviction and dismissed the charges.1 Mr. Dotson-who had spent ten years in and out of prison and on parole for this conviction-was not the first innocent prisoner to be exonerated and released in America. But his case was a breakthrough nonetheless: he was the first who was cleared by DNA identification technology. It was the beginning of a revolution in the American criminal justice system. Until then, exonerations of falsely convicted defendants were seen as aberrational. Since 1989, these once-rare events have become …
Solving The Williams Puzzle, Kyron J. Huigens
Solving The Williams Puzzle, Kyron J. Huigens
Articles
In the 1949 case of Williams v. New York, the United States Supreme Court approved of judicial factfinding as a feature of discretionary sentencing. The Court's more recent ban on judicial factfinding in determinate sentencing systems would seem to apply to discretionary sentencing systems as well, implying that Williams is no longer good law. If a sentencing judge may find facts in the exercise of discretionary sentencing as a matter of due process, then a legislature's attempt to introduce rule-of-law values into sentencing by creating a determinate sentencing regime hardly seems to call for constitutional limitations on judicial factfinding. And …
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Articles
The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.
Duress Is Not A Justification, Kyron J. Huigens
Fletcher's Rethinking: A Memoir, Kyron J. Huigens
Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin
Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin
Articles
No abstract provided.
No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
Articles
No abstract provided.
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
Articles
No abstract provided.
Dignity And Desert In Punishment Theory, Kyron J. Huigens
Dignity And Desert In Punishment Theory, Kyron J. Huigens
Articles
No abstract provided.
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
Articles
No abstract provided.
What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson
What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson
Articles
Perhaps the most common complaint by American crime victims and their families is that they are ignored-by the police, by the prosecutors, by the courts and by the press. However true that may be for capital cases in general, there is at least one consistent exception: the great majority of newspaper accounts of executions include at least some description of the reactions of the victims' families and of any surviving victims. It seems to have become an item on the checklist, part of the "who, what, where, when, why, and how" of execution stories. When no family members are available, …
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Articles
The attacks of September 11th produced staggering losses of life and property. They also brought forth substantial private-insurance payouts, as well as federal relief for the City of New York and for the families of individuals who perished on that day. The losses suffered during and after the attacks, and the structure of the relief effort, have raised questions about the availability of insurance against terrorism, the role of government in providing for, subsidizing, or ensuring the presence of such insurance, as well as the interaction between relief and the incentives for taking precautions against similar losses in the future. …
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
Articles
No abstract provided.
Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens
Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens
Articles
No abstract provided.
Homicide In Aretaic Terms, Kyron J. Huigens
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Articles
This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …
Solving The Apprendi Puzzle, Kyron Huigens
Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens
Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens
Articles
In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …
Community Prosecutors, Anthony V. Alfieri
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Articles
The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames
Articles
Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been con-doned …
Where Hannah Arendt Went Wrong, David Abraham
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Articles
No abstract provided.
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Articles
No abstract provided.
Afterword And Response: What Digging Does And Does Not Do, Patricia D. White
Afterword And Response: What Digging Does And Does Not Do, Patricia D. White
Articles
No abstract provided.
Panel Two Commentary, Marci A. Hamilton
Rethinking The Penalty Phase, Kyron Huigens
Rethinking The Penalty Phase, Kyron Huigens
Articles
This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …