Criminal Law Commons^™

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.

For Mice Or Men Or Children - Will The Expansion Of The Eighth Amendment In Atkins V. Virginia Force The Supreme Court To Re-Examine The Minimum Age For The Death Penalty, Jamie Hughes

Journal of Criminal Law and Criminology

No abstract provided.

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Publications

No abstract provided.

Oil And Water: Why Retribution And Repentance Do Not Mix, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Ten Years Of Payne: Victim Impact Evidence In Capital Cases, John H. Blume

Cornell Law Faculty Publications

A little over a decade ago, in Payne v. Tennessee, the U.S. Supreme Court cleared the way for capital sentencing juries to consider “victim impact evidence” (VIE). Reversing its prior decisions in Booth v. Maryland and South Carolina v. Gathers, a six to three majority of the Court held that “if the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar.” Part I of this Article will discuss the Court’s prior decisions in Booth and Gathers, and Parts II and III will …

Restorative Justice, Punishment, And Atonement, Stephen P. Garvey

Cornell Law Faculty Publications

Restorative justice is a way of responding to crime, and according to its proponents, it's a much better way of responding than the way they believe we now respond: through punishment imposed in the name of retributive justice. According to its proponents, restorative justice is better than retributive justice because it restores, or at least tries to restore, the victim; retribution's only aim is to punish the offender. According to restorativists, retribution ignores the victim.

I argue here for two claims. First, I argue in Part II that restorative justice cannot have it both ways: it cannot achieve the restoration …

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

This article is available at:

http://scholarship.law.cornell.edu/facpub/290/.

The use of victim impact evidence (VIE) has been a standard feature of capital trials since 1991, when the Supreme Court lifted the previously existing constitutional bar to such evidence. Legal scholars have almost universally condemned the use of VIE, criticizing it on a variety of grounds.

Yet little empirical analysis exists that examines how VIE influences the course and outcome of capital trials. Moreover, the handful of empirical analyses that do exist rely on data gathered in simulation studies. Although valuable contributions have emerged from these experimental studies, such studies have often-rehearsed …

Speeding In Reverse: An Anecdotal View Of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

The use of victim impact evidence (VIE) has been a standard feature of capital trials since 1991, when the Supreme Court lifted the previously existing constitutional bar to such evidence. Legal scholars have almost universally condemned the use of VIE, criticizing it on a variety of grounds. Yet little empirical analysis exists that examines how VIE influences the course and outcome of capital trials. We analyze the influence of VIE based on interviews with over two-hundred jurors who sat on capital trials in South Carolina between 1985 and 2001.

First, we describe the VIE introduced at sentencing trials, using a …

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans

Cornell Law Faculty Publications

In recent years, the criminal justice community has become increasingly concerned about the possibility that jury nullification is the underlying motivation for increasing numbers of acquittals and mistrials due to jury deadlock in felony jury trials. In this Article, the authors discuss the inherent difficulty in defining jury nullification and identifying its occurrence in actual trials. They review the evolution in public and legal opinion about the legitimacy of jury nullification and contemporary judicial responses to perceived instances of jury nullification. Finally, the authors examine the possible presence of jury nullification through empirical analysis of data collected from 372 felony …

Miranda's Demise, Steven D. Clymer

Cornell Law Faculty Publications

Miranda v. Arizona has been a prominent fixture of the American criminal justice system, as well as police television shows and movies, for more than a third of a century. And when, amid considerable fanfare, the Supreme Court in June 2000 announced its decision in Dickerson v. United States, it appeared that Miranda would retain that status for the foreseeable future. In Dickerson, a surprisingly large 7–2 majority settled a long-standing debate about the constitutional legitimacy of Miranda, holding that the Miranda rules are firmly grounded in the Fifth Amendment’s self-incrimination clause.

But now, a mere three …

Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks

Faculty Publications

No abstract provided.

To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic

Journal of Criminal Law and Criminology

No abstract provided.

Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.

Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli

Journal of Criminal Law and Criminology

No abstract provided.

The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester

Journal of Criminal Law and Criminology

No abstract provided.

Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker

Journal of Criminal Law and Criminology

No abstract provided.

Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone

Journal of Criminal Law and Criminology

No abstract provided.

Hope V. Pelzer: Increasing The Accountability Of State Actors In Prison Systems - A Necessary Enterprise In Guaranteeing The Eight Amendment Rights Of Prison Inmates, Alison Chin

Journal of Criminal Law and Criminology

No abstract provided.

Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix

Journal of Criminal Law and Criminology

No abstract provided.

Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson

Journal of Criminal Law and Criminology

No abstract provided.

United States V. Arvizu: Investigatory Stops And The Fourth Amendment, Jennifer Pelic

Journal of Criminal Law and Criminology

No abstract provided.

United States V. Drayton: The Need For Bright-Line Warnings During Consensual Bus Searches, Marissa Reich

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

Journal of Criminal Law and Criminology

No abstract provided.