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Articles 691 - 720 of 800
Full-Text Articles in Criminal Law
Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth
Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth
Publications
No abstract provided.
Innocent But Incarcerated: Reforming Oklahoma’S Criminal Pretrial Procedures To Combat Discrimination Against Indigent Defendants, Bailey Betz
Oklahoma Law Review
No abstract provided.
The Failure Of The Deliberate Indifference Standard: How Marbury V. Warden Gives Prison Officials More Justification To Devalue Life, Bex Kolins
North Carolina Central Law Review
No abstract provided.
Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson
Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson
Faculty Works
A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
NYLS Law Review
No abstract provided.
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
NYLS Law Review
No abstract provided.
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
NYLS Law Review
No abstract provided.
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
NYLS Law Review
No abstract provided.
From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia
From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Considering A Domestic Terror Statute And Its Alternatives, Francesca Laguardia
Considering A Domestic Terror Statute And Its Alternatives, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Recent years have seen an increase in right-wing extremist violence within the United States, which has highlighted the disparities in law enforcement’s handling of “international” as opposed to “domestic” terrorism. Public, legal, and law enforcement commenters have begun calling for a “domestic terrorism statute,” arguing that the lack of such a statute is the largest hurdle in prosecuting domestic terrorists. This Essay explains that the primary cause of the disparity in prosecutions between domestic and international terrorists is not a lack of a domestic terrorism statute but rather the lack of a generalized terrorism statute and the failure to designate …
From The Legal Literature: Automating Police, Francesca Laguardia
From The Legal Literature: Automating Police, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Touro Law Review
No abstract provided.
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Marquette Law Review
None
Is The #Metoo Movement For Real? The Implications For Jurors’ Biases In Sexual Assault Cases, Mary Graw Leary
Is The #Metoo Movement For Real? The Implications For Jurors’ Biases In Sexual Assault Cases, Mary Graw Leary
Scholarly Articles
This Article examines the emerging research on the #MeToo movement and its potential effects on the population of potential jurors, exploring the possibility of improving the jury pool in sexual assault cases. Part I discusses the current problem of attrition in sexual assault cases. Part II examines the substantial body of literature surrounding this attrition and the potential reasons for it. Part III explores the #MeToo movement and reviews the emerging body of research regarding it. Part III also considers whether the movement will impact juries positively or whether the attrition rates based on rape myths, misogyny, and rape culture …
The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp
The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp
Marquette Law Review
Whether incarceration heightens an individual’s likelihood of recidivating is at the center of prison policy discussions. Yet rigorous empirical studies on the nature of the incarceration—recidivism link are limited. As a whole, existing research suggests that the effect of imprisonment, relative to noncustodial sanctions, is either null or slightly criminogenic. These findings call into question the ability of prisons to exert a specific deterrent effect. They also suggest that prisons are failing to address the underlying causes of recidivism among inmate populations. An important consideration, however, is the extent to which the effects of imprisonment are heterogeneous. The current discussion …
Retribution As Ancient Artifact And Modern Malady, Molly J. Walker Wilson
Retribution As Ancient Artifact And Modern Malady, Molly J. Walker Wilson
Lewis & Clark Law Review
One of the oldest and most entrenched goals of punishment is retribution, which is the idea that inflicting pain on someone who has committed a wrong is a worthwhile goal, regardless of any other benefits or harms that may result. Retribution has been the justification for increasingly punitive policies in the United States, the effect of which has decimated communities of color, strapped taxpayers with huge associated costs, and increased crime rates. It is difficult to understand why we perpetuate harmful policies based on “just deserts” until we consider that the foundation of these policies is moral outrage—a powerful, automatic, …
Criminal Law As Public Ordering, Alice Ristroph
Criminal Law As Public Ordering, Alice Ristroph
Faculty Scholarship
No abstract provided.
Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez
Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez
Faculty Articles and Papers
Responding to Gabriel Mendlow, Why Is it Wrong To Punish Thought?, 127 YALE L. J. 2342 (2018).
Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly
Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly
Criminal Justice Faculty Publications and Presentations
Using a survey of police officers (n=1080) in a southern state of the USA, this study examines how overall performance is influenced by organizational fairness and prior disciplinary actions. In particular, this study focuses on the relationship between organizational treatment and officers’ self-acknowledged engagement in more innocuous forms of negative workrelated behaviors, general task performance, and extra-role behaviors. Results suggest prior disciplinary actions and organizational treatment are related to officer performance. Our findings highlight fair treatment’s relationship to enhanced prosocial activities and reduced negative work behaviors. Of importance to police administrators, police officers’ fairness perceptions of the police organization appear …
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner
Scripps Senior Theses
The Victims' Rights Movement emerged in the 1970s and 1980s, at the same time as the War on Drugs and War on Crime were driving mass incarceration at unprecedented levels. This paper examines the historical roots of the victims' rights movement and its evolution from grassroots organizing into a tool of state power. It interrogates the meaning of "worthy" victims, and looks into the landmark Supreme Court case Payne v. Tennessee as an example of victim impact evidence being used to support the state project of the death penalty.
Individualized Proportionality And The Experience Of Punishment: An Emergent Paradigm For Canadian Sentencing?, Benjamin Berger
Individualized Proportionality And The Experience Of Punishment: An Emergent Paradigm For Canadian Sentencing?, Benjamin Berger
All Papers
Drawn from a case in which the Supreme Court of Canada grappled with the signal societal trauma wrought by the operation of the criminal justice system — the travesty of Indigenous over-representation in Canadian prisons — the epigraph to this chapter points to the ethical heart of a distinctive and important development in Canadian sentencing law. It involves an approach that has already disrupted certain elements of contemporary sentencing practice, and it is one that, depending on how sentencing judges embrace it, may open up new futures in Canadian sentencing. This development is the emergence of individualized proportionality as the …
Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum
Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum
Faculty Publications
This Article addresses the role that racial disparities— specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black people who were simply living as any other American. This trend highlights the manner in which the U.S. criminal justice system’s racial inequities feed into biased beliefs about Black criminality. This Article argues that instead of tackling implicit bias as a means to fight sentencing and other …
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron
Articles
No abstract provided.
Convictions As Guilt, Anna Roberts
Convictions As Guilt, Anna Roberts
Faculty Publications
A curious tension exists in scholarly discourse about the criminal legal system. On the one hand, a copious body of work exposes a variety of facets of the system that jeopardize the reliability of convictions. These include factors whose influence is pervasive: the predominance of plea bargaining, for example, and the subordination of the defense. On the other hand, scholars often discuss people who have criminal convictions in a way that appears to assume crime commission. This apparent assumption obscures crucial failings of the system, muddies the role of academia, and, given the unequal distribution of criminal convictions, risks compounding …
Real Insider Trading, Michael A. Perino
Real Insider Trading, Michael A. Perino
Faculty Publications
In popular rhetoric, insider trading cases are about leveling the playing field between elite market participants and ordinary investors. Academic critiques vary. Some depict an untethered insider trading doctrine that enforcers use to expand their power and enhance their discretion. Others see enforcers beset with agency cost problems who bring predominantly simple, easily resolved cases to create the veneer of vigorous enforcement. The debate has, to this point, been based mostly on anecdote and conjecture rather than empirical evidence. This Article addresses that gap by collecting extensive data on 465 individual defendants in civil, criminal, and administrative actions to assess …
Categorical Nonuniformity, Sheldon Evans
Categorical Nonuniformity, Sheldon Evans
Faculty Publications
The categorical approach, which is a method federal courts use to ‘categorize’ which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law conviction—as defined by the legal elements of the crime—sufficiently matches the elements of the federal crime counterpart that justifies imposing harsh federal sentencing enhancements or even deportation for noncitizens. One of the normative goals courts have invoked to uphold this elements-based categorical approach is that it produces nationwide uniformity. Ironically, …
Selective Incompatibilism, Free Will, And The (Limited) Role Of Retribution In Punishment Theory, Luis E. Chiesa
Selective Incompatibilism, Free Will, And The (Limited) Role Of Retribution In Punishment Theory, Luis E. Chiesa
Journal Articles
No abstract provided.
The Lost Promise Of Lambert V. California, Cynthia Alkon
The Lost Promise Of Lambert V. California, Cynthia Alkon
Faculty Scholarship
This Article will start with a brief overview of the Lambert case. It will then discuss the differing views on how to interpret this relatively short case. Next, it will review the cases citing to Lambert that illustrate the narrow approach that courts have taken when applying this case. Finally, it will offer some thoughts on how Lambert could have played a role in preventing some of the excesses of mass incarceration, but failed.