Criminal Law Commons^™

Restorative Justice And The Prosecutor, Frederick W. Gay

Fordham Urban Law Journal

A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.

Forgiveness And The Law, Martha Minow

Fordham Urban Law Journal

A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions

Forgiveness And Public Trust, Linda Ross Meyer

Fordham Urban Law Journal

A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.

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.

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.

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.

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.

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.

Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West

Faculty Scholarship

In Capital Appeals Revisited and The Meaning of Capital Appeals, Barry Latzer and James N.G. Cauthen argue that a study of capital appeals should focus only on overturned findings of guilt, and complain that in A Broken System we examine all overturned capital verdicts. But the question they want studied cannot provide an accurate evaluation of a system of capital punishment. By proposing to count only "conviction" error and not "sentence" error, Latzer and Cauthen ignore that if a death sentence is overturned, the case is no longer capital and the system of capital punishment has failed to achieve its …

Law, Ethics, And The Good Samaritan: Should There Be A Duty To Rescue?, Kathleen M. Ridolfi

Faculty Publications

The interdependence of law and morality, the circular influences of one on the other, puts us in a position to fear what we want the law to do. We embrace a legal system that promotes morality, that makes better citizens of us, but we worry that the law will cross an elusive line and infringe on individual rights. For this reason we are careful, and should remain so, in limiting enforcement of laws to reflect only those values that emerge from the overall agreement of the community where they will be enforced.

In this paper, I have focused primarily on …

Conditional Intent To Kill Is Enough For Federal Carjacking Conviction, Chris Norborg

Journal of Criminal Law and Criminology

No abstract provided.

Deceit And The Classification Of Crimes: Federal Rule Of Evidence 609 (A)(2) And The Origins Of Crimen Falsi, Stuart P. Green

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Don't Accept Rides From Strangers: The Supreme Court Hastens The Demise Of Passenger Privacy In American Automobiles, Daniel J. Hewitt

Journal of Criminal Law and Criminology

No abstract provided.

Stretching Venue Beyond Constitutional Recognition, Todd Lloyd

Journal of Criminal Law and Criminology

No abstract provided.

Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding

Law Faculty Scholarly Articles

The purpose of this article is to identify, describe, and analyze the historic and contemporary connection between the practices of capital punishment and human sacrifice. After describing how human sacrifice constitutes an integral component of capital punishment, it will be argued that the institutionalization of this antiquated barbaric ritual, vis-a-vis the use of capital punishment, renders the present use of the death penalty in the United States incompatible with "the evolving standards of decency that mark the progress of a maturing society"; and that consequently, this facet of capital punishment renders the penalty at odds with the Eighth Amendment's prohibition …

The Sixth Amendment Right To Counsel And Its Underlying Values: Defining The Scope Of Privacy Protection, Martin R. Gardner

Journal of Criminal Law and Criminology

No abstract provided.

Docile Bodies--Chemical Restraints And The Female Inmate, Kathleen Auerhahn, Elizabeth Dermody Leonard

Journal of Criminal Law and Criminology

No abstract provided.

Small Favors: Chapter 154 Of The Antiterrorism And Effective Death Penalty Act, The States, And The Right To Counsel, Burke W. Kappler

Journal of Criminal Law and Criminology

No abstract provided.

Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt

Journal of Criminal Law and Criminology

No abstract provided.

The Unclearly Established Rule Against Unreasonable Searches And Seizures, Brian H. Chun

Journal of Criminal Law and Criminology

No abstract provided.

My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler

Journal of Criminal Law and Criminology

No abstract provided.

The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat

Journal of Criminal Law and Criminology

No abstract provided.

No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast

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.

An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim

Journal of Criminal Law and Criminology

No abstract provided.