Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review],
2012
Singapore Management University
Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay
Research Collection Yong Pung How School Of Law
No abstract provided.
No Secrets Allowed: A Prosecutor’S Obligation To Disclose Inadmissible Evidence,
2012
The Catholic University of America, Columbus School of Law
No Secrets Allowed: A Prosecutor’S Obligation To Disclose Inadmissible Evidence, Abigail B. Scott
Catholic University Law Review
No abstract provided.
The Micro And Macro Causes Of Prison Growth,
2012
Fordham University School of Law
The Micro And Macro Causes Of Prison Growth, John F. Pfaff
Faculty Scholarship
No abstract provided.
How Many Lives Has Victor Streib Saved? A Tribute,
2012
Fordham University School of Law
How Many Lives Has Victor Streib Saved? A Tribute, Deborah W. Denno
Faculty Scholarship
No abstract provided.
Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists,
2012
Benjamin N. Cardozo School of Law
Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam
Articles
No abstract provided.
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor,
2012
Singapore Management University
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng
Research Collection Yong Pung How School Of Law
When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …
Of Trayvon Martin, George Zimmerman, And Legal Expressivism: Why Massachusetts Should Stand Its Ground On "Stand Your Ground",
2012
Florida International University College of Law
Of Trayvon Martin, George Zimmerman, And Legal Expressivism: Why Massachusetts Should Stand Its Ground On "Stand Your Ground", Louis N. Schulze Jr.
Faculty Publications
This essay suggests that the expressive impact of Stand Your Ground laws alters the shared norms governing our collective understanding of the moral limits of “self-defense.” The essay argues that the theory of Legal Expressivism can explain the widespread misunderstanding of the limits of self-defense, as demonstrated by the institutional and popular reactions to the killing of Trayvon Martin by George Zimmerman. To support this thesis, the piece briefly explains Stand Your Ground statutes and legal expressivism. It then details the nature of the expressive function of these statutes and asserts that Massachusetts, which recently considered the adoption of such …
A Neurological Foundation For Freedom,
2012
Duke Law School
A Neurological Foundation For Freedom, Nita A. Farahany
Faculty Scholarship
No abstract provided.
The Innocence Effect,
2012
Notre Dame Law School
The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal
Journal Articles
Nearly all felony convictions - about 95 percent - follow guilty pleas, suggesting that plea offers are very attractive to defendants compared to trials. Some scholars argue that plea bargains are too attractive and should be curtailed because they facilitate the wrongful conviction of innocents. Others contend that plea bargains only benefit innocent defendants, providing an alternative to the risk of a harsher sentence at trial. Hence, even while heatedly disputing their desirability, both camps in the debate believe that plea bargains commonly lead innocents to plead guilty. This Article shows, however, that the belief that innocents routinely plead guilty …
Response: One Market We Do Not Need,
2012
Western New England University School of Law
Response: One Market We Do Not Need, Giovanna Shay
Faculty Scholarship
The Author responds to Alexander Volokh’s, Prison Vouchers, 160 U. Pa. L. Rev. 779 (2012). She argues that Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence rates, bad medical care, [and] overuse of highly punitive measures like administrative segregation . . . .” But his proposed solution—a system of “prison vouchers” that would permit prisoners to choose their facilities and thus create a market for prison services—would provide only an illusion of choice. Even worse, such a system runs the risk of strengthening the self-interested forces that drive …
Illich (Via Cayley) On Prisons,
2012
Western New England University School of Law
Illich (Via Cayley) On Prisons, Giovanna Shay
Faculty Scholarship
This Article considers whether, more than a dozen years after publication of Cayley’s book "The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives," Illich’s theories help us to make sense of America’s “prison-industrial complex.” The Author concludes that our current situation reflects in part the dynamics of his theory of “counterproductivity,” but that Illich did not take sufficient account of the salience of race and class in American criminal punishment.
Inside-Out As Law School Pedagogy,
2012
Western New England University School of Law
Inside-Out As Law School Pedagogy, Giovanna Shay
Faculty Scholarship
In the fall of 2010, and again in spring 2012, the Author taught a course entitled Gender & Criminal Law inside the Western Massachusetts Correctional Alcohol Center in Springfield. Participants in the course included roughly equal numbers of law students from the Author's home academic institution, Western New England University School of Law, and residents of the facility. For fourteen weeks, the class met weekly at the institution to discuss issues including domestic violence law reform, the role of family ties in sentencing, and gender issues in prisoner reentry. The Author taught this course in a modified form of the …
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation,
2012
Texas A&M University School of Law
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan
Maryland Law Review
No abstract provided.
Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim,
2012
Washington University in St. Louis School of Law
Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin
Scholarship@WashULaw
This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …
Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel,
2012
Washington University in St. Louis School of Law
Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal
Scholarship@WashULaw
A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.
Wrongful Convictions Do Lower Deterrence,
2012
Texas A&M University School of Law
Wrongful Convictions Do Lower Deterrence, Nuno Garoupa, Matteo Rizzolli
Faculty Scholarship
The conventional result of the theory of the public enforcement of law is that wrongful convictions of innocents are detrimental to deterrence. This proposition has been challenged recently. In some cases, wrongful convictions do not jeopardize deterrence, because they influence equally the innocent and the guilty. Therefore deterrence does not change. We show that, in general, wrongful convictions do lower deterrence. We prove that wrongful convictions do not jeopardize deterrence only in very limited circumstances or under unlikely assumptions.
Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions,
2012
University of Kentucky
Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing
Kentucky Law Journal
No abstract provided.
"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations,
2012
University of Kentucky
"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey
Kentucky Law Journal
No abstract provided.
Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions,
2012
Department of Justice
Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook
Kentucky Law Journal
No abstract provided.
Why We Need A Progressive Account Of Violence,
2012
University of Colorado Law School
Why We Need A Progressive Account Of Violence, Aya Gruber
Publications
No abstract provided.
