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Full-Text Articles in Social and Behavioral Sciences
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
Anthony O'Rourke
Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Ira P. Robbins
Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan
Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan
Donald J. Kochan
The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …
Partial Ban On Plea Bargains, Oren Gazal
Partial Ban On Plea Bargains, Oren Gazal
Oren Gazal-Ayal
The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …