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Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley 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, Ken Levy 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, Craig M. Bradley 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, Martin H. Pritikin 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 …


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