Reconceiving The Fourth Amendment And The Exclusionary Rule,
2010
Indiana University Maurer School of Law
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism,
2010
Louisiana State University Law Center
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy
Georgia Law Review
For over a century now, American scholars(among others) have been debating the merits of "bad-Samaritan" laws-laws punishing people for failing to attempt "easy rescues." Unfortunately, the opponents of bad-Samaritan laws have mostly prevailed. In the United States, the "no-duty-to-rescue" rule dominates. Only four states even have bad-Samaritan laws, and these laws impose only the most minimal punishment-either sub-$500 fines or short-term imprisonment. This Article argues that this situation needs to be remedied. Every state should criminalize bad Samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against …
Melendez-Diaz And The Right To Confrontation,
2010
Indiana University Maurer School of Law
Melendez-Diaz And The Right To Confrontation, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Fine-Labor: The Symbiosis Between Monetary And Work Sanctions,
2010
University of Colorado Law School
Fine-Labor: The Symbiosis Between Monetary And Work Sanctions, Martin H. Pritikin
University of Colorado Law Review
Monetary sanctions (fines and restitution) and work sanctions are theoretically superior to incarceration: they can deliver deterrence more cheaply, benefit victims tangibly, and promote offender rehabilitation. Yet incarceration remains the dominant punishment in America, even where incapacitation concerns are secondary. This is due in large part to practical drawbacks to the alternatives: monetary sanctions are difficult to enforce and do not seem punitive enough, and unions have successfully lobbied against the competitive threat of convict labor. In a hybrid "fine-labor" system, in which offenders are made to work to pay fines and restitution, the work component could remedy the flaws …
