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Articles 1471 - 1500 of 7533
Full-Text Articles in Legal Studies
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Journal of Criminal Law and Criminology
No abstract provided.
Gang Loitering And Race, Lawrence Rosenthal
Gang Loitering And Race, Lawrence Rosenthal
Journal of Criminal Law and Criminology
No abstract provided.
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
Journal of Criminal Law and Criminology
No abstract provided.
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Journal of Criminal Law and Criminology
No abstract provided.
Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West
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 …
Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West
Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West
Faculty Scholarship
The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …
A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West
A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West
Faculty Scholarship
There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.
Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …
Four Models Of The Criminal Process, Kent Roach
Four Models Of The Criminal Process, Kent Roach
Journal of Criminal Law and Criminology
No abstract provided.
Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger
Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger
Journal of Criminal Law and Criminology
No abstract provided.
A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau
A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau
Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Playing God: 5 To 4 (The Supreme Court And The Police), Fred E. Inbau
Playing God: 5 To 4 (The Supreme Court And The Police), Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Liberty Interested In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Liberty Interested In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Journal of Criminal Law and Criminology
No abstract provided.
Police Interrogation--A Practical Necessity, Fred E. Inbau
Police Interrogation--A Practical Necessity, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Reforming American Penal Law, Markus Dirk Dubber
Reforming American Penal Law, Markus Dirk Dubber
Journal of Criminal Law and Criminology
No abstract provided.
Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger
Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger
Journal of Criminal Law and Criminology
No abstract provided.
Emergency Circumstances, Police Responses, And Fourth Amendment Restrictions, John F. Decker
Emergency Circumstances, Police Responses, And Fourth Amendment Restrictions, John F. Decker
Journal of Criminal Law and Criminology
No abstract provided.
Responding To Child Homicide: A Statutory Proposal, Charles A. Phipps
Responding To Child Homicide: A Statutory Proposal, Charles A. Phipps
Journal of Criminal Law and Criminology
No abstract provided.
Race, Juvenile Justice, And Mental Health: New Dimensions In Measuring Pervasive Bias, W. John Thomas, Dorothy E. Stubbe, Geraldine Pearson
Race, Juvenile Justice, And Mental Health: New Dimensions In Measuring Pervasive Bias, W. John Thomas, Dorothy E. Stubbe, Geraldine Pearson
Journal of Criminal Law and Criminology
No abstract provided.
Louisiana's Newest Capital Crime: The Death Penalty For Child Rape, Annaliese Flynn Fleming
Louisiana's Newest Capital Crime: The Death Penalty For Child Rape, Annaliese Flynn Fleming
Journal of Criminal Law and Criminology
No abstract provided.
Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Journal of Criminal Law and Criminology
No abstract provided.
All Aboard The Bruton Line, Gabrielle Benadi
All Aboard The Bruton Line, Gabrielle Benadi
Journal of Criminal Law and Criminology
No abstract provided.
Kalina V. Fletcher: Another Qualification Of Imbler's Prosecutorial Immunity Doctrine, Anne H. Burkett
Kalina V. Fletcher: Another Qualification Of Imbler's Prosecutorial Immunity Doctrine, Anne H. Burkett
Journal of Criminal Law and Criminology
No abstract provided.
No Exception For No: Rejection Of The Exculpatory No Doctrine, Lauren C. Hennessey
No Exception For No: Rejection Of The Exculpatory No Doctrine, Lauren C. Hennessey
Journal of Criminal Law and Criminology
No abstract provided.