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Articles 241 - 270 of 292
Full-Text Articles in Law Enforcement and Corrections
Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg
Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg
McGeorge Law Review
No abstract provided.
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Faculty Works
A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …
Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas
Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas
Articles
The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.
Hot Crimes: A Study In Excess, Steven P. Grossman
Hot Crimes: A Study In Excess, Steven P. Grossman
All Faculty Scholarship
Societies appear to be subject, every now and then, to periods of moral panic. . . . [I]ts nature is presented in a stylized and stereotypical fashion by the mass media; the moral barricades are manned by editors, bishops, politicians and other right thinking people; socially accredited experts pronounce their diagnoses and solutions; ways of coping are evolved or (more often) restored to; . . . sometimes the panic passes over and is forgotten . . . at other times it has more serious and long-lasting repercussions and might produce such as those in legal and social policy or even …
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
Brigham Young University Journal of Public Law
No abstract provided.
Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams
Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams
North Carolina Central Law Review
No abstract provided.
A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko
A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko
NYLS Law Review
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
ExpressO
This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.
Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen
Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen
Faculty Scholarship
In today's highly punitive culture, perhaps Weldon Angelos' fifty-five-year sentence does not seem unusual. He's a 25-year-old man who was convicted in December 2003 of selling marijuana, possessing firearms while drug dealing, and money laundering. 3 The facts proven at trial are that on three occasions in June and July, 2002, Angelos sold eight one-ounce bags of marijuana for $350 each to a government informant. 4 The purchaser testified that a firearm was visible during two of these drug sales.5 Police seized another gun from Angelos' home five months later pursuant to a warrant.6 At no time was …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Publications
For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person's Afro-centric features. Section I of the article describes a line of social science research that shows that a person's Afro-centric features have a strong biasing effect on judgment such …
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
Articles
Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …
Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby
Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby
William Mitchell Law Review
Once upon a time (a time not so remote as to be beyond the memories of many of us who still toil in the vineyards of justice), the severity of a criminal sentence was determined largely at the whim of the trial judge, who was guided only by vague considerations of suitability. Non-premeditated murder, for example, might be punished by anything from probation to forty years in prison. A parole board exercised a similarly subjective power to temper the term with early release. Then, about a quarter century ago, the legislature created a commission to establish sentencing “guidelines,” said to …
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Dianne Pothier Collection
The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Reports & Public Policy Documents
Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …
Watts: The Decline Of The Jury, William T. Pizzi
Fact-Bargaining: An American Phenomenon, William T. Pizzi
Fact-Bargaining: An American Phenomenon, William T. Pizzi
Publications
No abstract provided.
Juror Empathy And Race, Douglas O. Linder
Section 1983 Litigation, Martin A. Schwartz
Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.
Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.
Brigham Young University Journal of Public Law
No abstract provided.
Some Worries About Sentencing Guidelines, William T. Pizzi
Some Worries About Sentencing Guidelines, William T. Pizzi
Publications
No abstract provided.
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.