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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 ...
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. ...
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 ...
Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi
(Marquette Law Review, 2014)
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
The Civilization of the Criminal Law
(Vanderbilt Law Review, 2005)
This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ...
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 ...
The Structure of Expertise in Criminal Cases
(Seton Hall Law Review, 2003)
This essay, part of a two-issue symposium on the implications of Daubert v. Merrell Dow Pharmaceuticals and its progeny, is built around three propositions about expert testimony and criminal cases. First, the "Daubert ...
Treating Juveniles Like Juveniles: Getting Rid of Transfer and Expanded Adult Court Jurisdiction
(Texas Tech Law Review, 2013)
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and ...
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 ...