Retributivism Refined - Or Run Amok?,
2010
Boston Univeristy School of Law
Retributivism Refined - Or Run Amok?, Kenneth Simons
Faculty Scholarship
What would the criminal law look like if we took retributivist principles very seriously? In their book, Crime and Culpability: A Theory of Criminal Law, the authors - Larry Alexander and Kimberly Kessler Ferzan, with contributions by Stephen J. Morse - provide a controversial set of answers. Whether a criminal act does ordoes not result in harm should not affect the actor’s punishment. Only the last act of risk creation should suffice for liability. Conscious awareness of risk should always be necessary. And all of criminal law, each and every category of mens rea and actus reus, should be reduced …
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law,
2010
Allard School of Law at the University of British Columbia
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
All Faculty Publications
In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …
Corporate War Crimes: Prosecuting Pillage Of Natural Resources,
2010
Allard School of Law at the University of British Columbia
Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart
All Faculty Publications
Pillage means theft during war. Although the prohibition against pillage dates to antiquity, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for the pillage of natural resources. And yet modern commercial actors are seldom held accountable for their role in the illegal exploitation of natural resources from modern conflict zones, even though pillage is prosecuted as a matter of course in other contexts. This book offers a doctrinal road-map of the law governing pillage as applied to the illegal exploitation of natural resources by …
Inter-Judge Sentencing Disparity After Booker: A First Look,
2010
Indiana University Maurer School of Law
Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott
Articles by Maurer Faculty
A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal …
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.
Supreme Court Criminal Law Jurisprudence - October 2008 Term,
2010
Touro Law Center
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Scholarly Works
No abstract provided.
The Death Of Suspicion,
2010
Touro Law Center
The Death Of Suspicion, Fabio Arcila Jr.
Scholarly Works
This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in …
