Criminal Law Commons^™

Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres

Faculty Scholarship

In instances of collective violence — apartheid in South Africa, mass killings in Rwanda, and other crimes against humanity such as slavery — what response provides justice? How can justice be achieved under such a system? Legal justice through prosecution would be unjust. This opens the possibility of nonprosecution alternatives involving forgiveness. Hélène Cixous’s play about forgiveness as an alternative to criminal prosecution, The Perjured City: Or, the Awakening of the Furies, was written in response to an actual case of failed justice in France, known as the Bad Blood Scandal. The play provides a model of forgiveness and a …

A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan

Articles, Book Chapters, & Popular Press

In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …

Why Restorative Justice Is Not Compulsory Compassion: Annalise Acorn's Labour Of Love Lost [A Review Of 'Compulsory Compassion: A Critique Of Restorative Justice,' Annalise E. Acorn (Vancouver: University Of British Columbia Press, 2004)], Bruce P. Archibald

Articles, Book Chapters, & Popular Press

Annalise Acorn has produced an immensely engaging book about love, sexuality and law, written with verve and elan; however, it paints a hugely misleading picture of restorative justice that could be seriously damaging to what is arguably the most significant development in criminal justice since the emergence of the nation state. Restorative justice is changing the nature of criminal justice systems the world over. The Canadian criminal justice system is a leader in this regard, though it is far from being alone. Simplistic and dysfunctional systems of punitive criminal justice are being altered and supplemented by restorative programs that are …

Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman

Fordham Urban Law Journal

This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd

Faculty Articles

Recent empirical studies by economists have shown, without exception, that capital punishment deters crime. Using large data sets that combine information from all fifty states over many years, the studies show that, on average, an additional execution deters many murders. The studies have received much publicity, and death penalty advocates often cite them to show that capital punishment is sound policy.

Indeed, deterrence is the central basis that many policymakers and courts cite for capital punishment. For example, President Bush believes that capital punishment deters crime and that deterrence is the only valid reason for capital punishment. Likewise, the Supreme …

The New Prosecution, Kay L. Levine

Faculty Articles

This Article proceeds as follows. Part I introduces the Statutory Rape Vertical Prosecution Program that took shape in California in the mid-1990s. In addition to explaining how this program emerged and its central features, I highlight the aspects of the SRVPP that distinguish California statutory rape prosecutors from the traditional image of the local prosecutor in the United States. Part II offers some background on the new prosecution and the problem-oriented approach to criminal justice, explaining how this model differs from the traditional crime-based or case-based method of criminal justice work. In Part III, I use empirical data derived from …

Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements

Richmond Journal of Law & Technology

Few legal maxims have had greater resonance than the tenet that one is innocent until proven guilty. It is a principle that has been traced back to Roman times, and it entered the American legal lexicon through the United States Supreme Court decision Coffin v. United States. It has even been incorporated in the United Nations’1948 Declaration of Human Rights under article eleven, section one.4

Terrorism: The Politics Of Prosecution, Madeline Morris

Faculty Scholarship

No abstract provided.

Yarborough V. Alvarado: At The Crossroads Of The Unreasonable Application Provision Of The Antiterrorism And Effective Death Penalty Act Of 1996 And The Consideration Of Juvenile Status In Custodial Determinations, Jennifer Park

Journal of Criminal Law and Criminology

No abstract provided.

Erratum

Journal of Criminal Law and Criminology

No abstract provided.

The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

Journal of Criminal Law and Criminology

No abstract provided.

The Political Economy Of Entrapment, Richard H. Mcadams

Journal of Criminal Law and Criminology

No abstract provided.

Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery

Journal of Criminal Law and Criminology

No abstract provided.

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Erratum

Journal of Criminal Law and Criminology

No abstract provided.

Counted Out Twice - Power, Representation & (And) The Usual Residence Rule In The Enumeration Of Prisoners: A State-Based Approach To Correcting Flawed Census Data, David Hamsher

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer

Journal of Criminal Law and Criminology

No abstract provided.

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …

Death Sentence Rates And County Demographics: An Empirical Study, Theodore Eisenberg

Cornell Law Faculty Publications

The number of murders in a state largely determines the size of a state's death row. The more murders, the larger the death row. This fundamental relation yields surprising results, including the newsworthy finding that Texas's death sentencing rate is not unusually high. Recent state-level research also underscores the importance of race in the demography of death row. Death penalty research has long emphasized race's role, and with good reason--a racial hierarchy exists in death sentence rates. Black defendants who murder white victims receive death sentences at the highest rate; white defendants who murder white victims receive death sentences at …

The Negative Effects Of Capital Jury Selection, Andrea Lyon

Law Faculty Publications

No abstract provided.

From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall

Journal of Criminal Law and Criminology

No abstract provided.

Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West

Journal of Criminal Law and Criminology

No abstract provided.

The Myth Of Innocence, Joshua Marquis

Journal of Criminal Law and Criminology

No abstract provided.

The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.