Decriminalizing Border Crossings,
2010
Penn State Law
Decriminalizing Border Crossings, Victor C. Romero
Faculty Scholarship
An international border crosser should only be deemed a criminal if the United States government can prove that, with requisite criminal intent, she engaged in an act aside from crossing the border that would constitute a crime. No longer should crossing the border be a strict liability criminal offense. Doing so will restore balance to the civil immigration system, conserve scarce enforcement resources to target truly criminal behavior, enhance our standing abroad, and help heal our racially-polarized discourse on immigration policy.
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions,
2010
Fordham Law School
Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins
Fordham Urban Law Journal
This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …
Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule,
2010
Fordham Law School
Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys
Fordham Urban Law Journal
In this symposium contribution, I contend that the application of the Fourth Amendment exclusionary rule in cases tried by juries raises troubling moral issues that are not present when a judge adjudicates a case on his or her own. Specifically, I argue that the exclusionary rule infringes upon jurors’ deliberative autonomy by depriving them of available evidence that rationally bears upon their verdict and by instrumentalizing them in service to the Court’s deterrence objectives. After considering ways in which those moral problems could be at least partially mitigated, I contend that the best approach might be to abandon the exclusionary …
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing,
2010
UC Hastings College of the Law
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo
Fordham Urban Law Journal
The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politic and an acknowledgment that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …
Databases, Doctrine, And Constitutional Criminal Procedure,
2010
New York University School of Law
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Fordham Urban Law Journal
Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …
Commentary On "Prosecutions, Politics And The Public Interest: Some Recent Developments In The United Kingdom, Canada And Elsewhere",
2010
Osgoode Hall Law School of York University
Commentary On "Prosecutions, Politics And The Public Interest: Some Recent Developments In The United Kingdom, Canada And Elsewhere", Mary Condon
Articles & Book Chapters
Professor Stenning is to be congratulated for providing a fresh and timely perspective on some crucial dilemmas of prosecutorial decision-making, and for grounding his incisive analysis in a close discussion of a particularly provocative case emerging from the U.K. House of Lords in 2008. The core conundrum he addresses in his paper is the long-standing one of what should be the contours of the role played by a jurisdiction's Attorney General in prosecutorial decision-making. The context here is one in which attorneys general have multiple and significant responsibilities in governmental arenas. Specifically, he poses two questions about the Attorney General's …
Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses,
2010
University of Richmond
Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum
Richmond Journal of Law & Technology
Sexual exploitation of children is a real and disturbing problem. However, when it comes to the sentencing of child pornography possessors, the U.S. federal system has a problem, as well. This Article adds to the current, heated discussion on what is happening in the sentencing of federal child pornography possession offenses, why nobody is satisfied, and how much the Federal Sentencing Guidelines are to blame. At the heart of this Article are the forgotten players in the discussion—computers and the Internet—and their role in changing the realities of child pornography possession. This Article argues that computers and the Internet are …
Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations,
2010
University at Albany, State University of New York
Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski
Psychology Faculty Scholarship
The American jury system rests on the fundamental assumption that jurors will engage in a thorough analysis of facts and robust debate to ensure that verdicts are reliable. Research demonstrates, however, that this expectation is rarely met. All jurors do not participate equally in deliberations. This may be explained in part by social loafing, or the withdrawal of effort that may occur when an individual works in a group relative to when the individual works alone. Despite evidence that jurors do not participate equally during jury deliberations, an analysis of factors contributing to participation, or the lack thereof, has not …
Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders,
2010
The University of Illinois at Chicago
Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen
Psychology Faculty Scholarship
In this chapter, we provide a summary of current registration laws for juvenile sex offenders across the United States and discuss the assumptions that drive these laws. We consider whether these assumptions have been supported or refuted by the research produced on the topic thus far. Then, turning to new data from our own laboratory, we discuss public perceptions of registration laws. This is an important issue because expansion of registry laws to juveniles might be driven by strong public support—or politicians' and policy makers' perceptions that there is public support—for expansion of the registry. As we discuss, research does …
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing,
2010
UC Berkeley Law
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna Shepherd
Faculty Articles
The most significant development in criminal sentencing in recent decades has been the shift from indeterminate to determinate sentencing. Yet no study has systematically explored the factors leading to this shift. In this Article, we provide the first analysis to explain why state legislatures enact reforms that significantly reduce both judges’ and parole boards’ discretion over criminal sentencing. First, we develop a political economy model that explains why legislatures acting in their own self-interest may be motivated to enact these laws. Our model predicts that legislatures are more likely to enact determinate sentencing reforms when there is tension among the …
International Movement To Deter Corruption: Should China Join?,
2010
Duke Law School
International Movement To Deter Corruption: Should China Join?, Paul D. Carrington
Faculty Scholarship
Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of …
A Century Of Criminal Law And Criminology,
2010
Northwestern Pritzker School of Law
A Century Of Criminal Law And Criminology, Amy Deline
Journal of Criminal Law and Criminology
No abstract provided.
Centennial Symposium: A Century Of Criminal Justice - Foreword,
2010
Northwestern Pritzker School of Law
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right,
2010
Northwestern Pritzker School of Law
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
Journal of Criminal Law and Criminology
No abstract provided.
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration,
2010
Northwestern Pritzker School of Law
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Journal of Criminal Law and Criminology
No abstract provided.
Reforming The Law On Show-Up Identifications,
2010
Northwestern Pritzker School of Law
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Journal of Criminal Law and Criminology
No abstract provided.
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them,
2010
Northwestern Pritzker School of Law
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Journal of Criminal Law and Criminology
No abstract provided.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading,
2010
Northwestern Pritzker School of Law
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
Journal of Criminal Law and Criminology
No abstract provided.
Offending Women: A Double Entendre,
2010
Northwestern Pritzker School of Law
Offending Women: A Double Entendre, Joanne Belknap
Journal of Criminal Law and Criminology
No abstract provided.
Bill Clinton's Parting Pardon Party,
2010
Northwestern University School of Law
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Journal of Criminal Law and Criminology
No abstract provided.
