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The Idea of the Criminal Justice System
(American Journal of Criminal Law, 2018)
The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...
Surprise vs. Probability as a Metric for Proof
(Seton Hall Law Review, 2018)
In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More
specifically, ...
The Idea of "The Criminal Justice System"
(American Journal of Criminal Law, 2018)
The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
Decoding Guilty Minds: How Jurors Attribute Knowledge and Guilt
(Vanderbilt Law Review, 2018)
A central tenet of Anglo-American penal law is that in order for an actor to be found criminally liable, a proscribed act must be accompanied by a guilty mind. While it is easy to understand the importance of this principle ...