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Now showing items 1-10 of 14
Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
(Duke Law Journal, 2008)
This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
Rethinking Legally Relevant Mental Disorder
(Ohio Northern University Law Review, 2003)
The law insists on maintaining mental disorder as a predicate for a wide array of legal provisions, in both the criminal justice system and the civil law. Among adults, only a person with a "mental disease or defect" can ...
Citizens United & Corporate & Human Crime
(Green Bag 2d, 2010)
Citizens United v. Election Commission held that, like human citizens, corporations can exercise their right to free speech by spending as much money as they like trying to influence elections. This article does not attack ...
Felony Jury Sentencing in Practice: A Three-State Study
(Vanderbilt Law Review, 2004)
Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how ...
A Jurisprudence of Dangerousness
(Northwestern University Law Review, 2003)
This article addresses the state's police power authority to deprive people of liberty based on predictions of antisocial behavior. Most conspicuously exercised against so-called "sexual predators," this authority purportedly ...
The American Criminal Jury
(Law and Contemporary Problems, 1999)
As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to ...
Using Criminal Punishment to Serve Both Victim and Social Needs
(Law and Contemporary Problems, 2009)
In this article we propose changing the manner in which control rights over criminal sanctions are distributed. This modest change has the potential to increase victim well-being without interfering with social needs. ...
Victims and Prison Release: A Modest Proposal
(Federal Sentencing Reporter, 2006)
The political right pushes for the strengthening of our criminal justice system by expanding victims' rights at the expense of defendant protections. The political left advocates the gradual replacement of the criminal ...
Victim Participation in the Criminal Process
(Journal of Law and Policy, 2005)
This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming ...
Experts, Mental States, and Acts
(Seton Hall Law Review, 2008)
In my book Proving the Unprovable, I discussed at length the considerations that might govern the admissibility of expert psychiatric and psychological testimony in criminal and quasi-criminal cases.' This evidence law ...