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Criminal law

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Full-Text Articles in Legal Studies

Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban Jan 2010

Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law School Faculty Publications

Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue.

As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …


Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt Jan 2009

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt

Faculty Scholarship

This chapter presents an authoritative overview of punishment, with particular emphasis on the limits of reason and the virtue of randomization. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the Enlightenment ideal of social engineering through punishment and the role of chance in the administration of criminal justice.


Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall Jan 2006

Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall

Faculty Scholarship

In a recent speech to the American Bar Association, Justice John Paul Stevens "issued an unusually stinging criticism of capital punishment." Although he "stopped short of calling for an end to the death penalty," Justice Stevens catalogued a number of its "'serious flaws,'" including several procedures that the full Court has reviewed and upheld over his dissent – selecting capital jurors in a manner that excludes those with qualms about the death penalty, permitting elected state judges to second-guess jurors when they decline to impose the death penalty, permitting states to premise death verdicts on "victim impact statements," tolerating sub-par …


Sentencing Eddie, Gerard E. Lynch Jan 2001

Sentencing Eddie, Gerard E. Lynch

Faculty Scholarship

The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1998

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell Jan 1997

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates to …


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1995

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


The Executioners Sing, Joseph L. Hoffmann Jan 1995

The Executioners Sing, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude Jan 1986

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall Jan 1985

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Perennial Problems Of Criminal Law, Jerome Hall Jan 1973

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Criminal Law At The International Border, Josph A. Milchen Jan 1969

Criminal Law At The International Border, Josph A. Milchen

San Diego Law Review

[G]eographical considerations are set forth to indicate the potential scope of legal problems that might arise at an international border. The mere length of the border permits imaginative speculation regarding possible violations of customs laws. Although some aspects of the law applicable at the international border are well settled, neither legislative insight nor fertile imagination nor past experience provide sufficient perception to cover the myriad situations that can arise at the border. Furthermore, new developments in related fields must be examined insofar as the border-crossing situation may affect or be affected by them. As a result, there ate the following …


The M'Naghten Rules And Proposed Alternatives, Jerome Hall Jan 1963

The M'Naghten Rules And Proposed Alternatives, Jerome Hall

Articles by Maurer Faculty

Responding to overt and implied criticism of the M'Naghten Rules for determining legal insanity to excuse criminal responsibility, Mr. Hall proposes a national seminar or study by judges of the diverse and perplexing problems they must face in deciding issues in this field. He thinks that M'Naghten needs repair rather than replacement and that a rough consensus might be attainable.


The Scientific And Humane Study Of Criminal Law, Jerome Hall Jan 1962

The Scientific And Humane Study Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Radzinowicz, L. And Turner, J. W. C. (Eds.), The Modern Approach To Criminal Law, Jerome Hall Jan 1945

Book Review. Radzinowicz, L. And Turner, J. W. C. (Eds.), The Modern Approach To Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr. Jan 1937

The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Some Basic Problems In Criminology, Jerome Hall Jan 1933

Some Basic Problems In Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Analysis Of Criticism Of The Grand Jury, Jerome Hall Jan 1932

Analysis Of Criticism Of The Grand Jury, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Social Science As An Aid To Administration Of The Criminal Law, Jerome Hall Jan 1931

Social Science As An Aid To Administration Of The Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Pound, R., Criminal Justice In America, Jerome Hall Jan 1931

Book Review. Pound, R., Criminal Justice In America, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Kuhlman, A. F., A Guide To Material On Crime And Criminal Justice, Ralph F. Fuchs Jan 1929

Book Review. Kuhlman, A. F., A Guide To Material On Crime And Criminal Justice, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


The Voice Of The Phi Sigma -- 1888 -- Vol. 10, No. 02 & 03, Phi Sigma Jan 1888

The Voice Of The Phi Sigma -- 1888 -- Vol. 10, No. 02 & 03, Phi Sigma

The Voice of the Phi Sigma

This item is part of the Phi Sigma collection at the College Archives & Special Collections department of Columbia College Chicago. Contact [email protected] for more information and to view the collection.