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Justice

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Articles 391 - 420 of 430

Full-Text Articles in Criminal Law

On Justitia, Race, Gender, And Blindness, I. Bennett Capers Jan 2006

On Justitia, Race, Gender, And Blindness, I. Bennett Capers

Michigan Journal of Race and Law

This Essay focuses on Justitia's more problematic attributes. Like Justitia's blindfold, which has been described as "the most enigmatic" of her traits. Is the blindfold merely emblematic of Justitia's purported impartiality, her claim to algorithmic justice? As law professor Costas Douzinas and art historian Lynda Nead have asked, does the blindfold enable Justitia "to avoid the temptation to see the face that comes to the law and put the unique characteristics of the concrete person before the abstract logic of the institution"? Or does the blindfold signify something more, a second sight of sorts? Maybe that Justitia, unable to see, …

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Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson Jan 2005

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

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What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson Jan 2003

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, …

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And Justice For Doc Sam, Joel Jay Finer Jan 2001

And Justice For Doc Sam, Joel Jay Finer

Cleveland State Law Review

Poem about Dr. Sam Sheppard, the surrounding events, and justice.

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Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr. Jan 2000

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.

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Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator) Jan 2000

Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.

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Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.

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Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle Jan 2000

Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle

Fordham Urban Law Journal

This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.

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Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle Jan 2000

Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle

Fordham Urban Law Journal

This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.

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Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman Jan 2000

Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman

Fordham Urban Law Journal

This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.

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Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr. Jan 2000

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.

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Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello Jan 2000

Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello

Fordham Urban Law Journal

This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.

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When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes Jan 2000

When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes

Fordham Urban Law Journal

This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims' desires to achieve justice and closure.

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Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman Jan 2000

Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman

Fordham Urban Law Journal

This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.

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Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator) Jan 2000

Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.

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When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes Jan 2000

When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes

Fordham Urban Law Journal

This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims' desires to achieve justice and closure.

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Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.

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Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello Jan 2000

Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello

Fordham Urban Law Journal

This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.

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Why Should Prosecutors "Seek Justice"?, Bruce A. Green Jan 1999

Why Should Prosecutors "Seek Justice"?, Bruce A. Green

Fordham Urban Law Journal

This article discusses how prosecutors should conduct themselves in light of the principle that has traditionally ben thought to define the prosecutor's professional ethos: "the duty to seek justice." Part I sketches the outlines of this concept, both historically and in its contemporary incarnation. Part II offers two reasons for asking why prosecutors should seek justice. Part III examines alternative justifications for the duty--first, that the duty derives from prosecutors' extraordinary power, and second, that the duty derives from their role on behalf of a sovereign whose own interest is in achieving justice--and explains why the second provides the more …

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Book Review, David S. Tanenhaus Jan 1999

Book Review, David S. Tanenhaus

Scholarly Works

In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …

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Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley Jan 1997

Whose Justice? Which Victims?, Lynne Henderson May 1996

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

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Nameless Justice: The Case For The Routine Use Of Anonymous Juries In Criminal Trials, Nancy J. King Jan 1996

Nameless Justice: The Case For The Routine Use Of Anonymous Juries In Criminal Trials, Nancy J. King

Vanderbilt Law Review

We ask a lot of our jurors. The financial and emotional burdens of jury duty can be significant even in mundane cases. Deciding another's fate is often a trying ordeal, aggravated by unintelligible instructions, hostile attorneys or court personnel, miserable working conditions, and interminable delays. The voir dire process may require jurors to reveal intimate, embarrassing, or damning information about themselves and their families that they would not voluntarily choose to reveal. Confronted with allegations of violence, injury, or abuse, some jurors become traumatized or ill. On top of all of this, jury service exposes jurors, their families, and their …

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Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross Jan 1996

Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

I'd like to offer a few words in response to Professor Polsby's articulate, forceful and amusing essay in favor of capital punishment.

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Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald Oct 1992

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …

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Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp Jan 1990

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …

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Just Punishment In An Imperfect World, Stephen J. Schulhofer May 1989

Just Punishment In An Imperfect World, Stephen J. Schulhofer

Michigan Law Review

A Review of Questioning Authority: Justice and Criminal Law by David L. Bazelon

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Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore Jan 1989

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.

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Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear Apr 1986

Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear

Michigan Law Review

A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman

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Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas Jan 1986

Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas

Faculty Scholarship

Less than two decades ago it was thought sufficient to say, "When a practitioner is in doubt on an ethical question, the best answer is usually No." A more recent commentator has suggested, however, that "[s]uch platitudes have become increasingly inadequate to guide the attorney facing conflicts of interests in the private practice of law." Because of the general vagueness of the American Bar Association's Model Code of Professional Responsibility, and of state codes based on it, courts have begun to fashion a vast "common law" of conflicts of interest A particularly controversial entry to this body of common law …

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