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Journal Articles
New Criminal Law Review. 2002; 61483–524 doi: https://doi.org/10.1525/nclr.2002.6.1.483
Published: 01 April 2002
...Samuel H. Pillsbury ©© 2002 by the Buffalo Criminal Law Review 2002 PILLSBURYMACRO 5/5/2003 5:09 PM A Problem in Emotive Due Process: California s Three Strikes Law Samuel H. Pillsbury The minimum of punishment is more clearly marked than its maximum. What is too little is more clearly...
Journal Articles
New Criminal Law Review. 2017; 203465–505 doi: https://doi.org/10.1525/nclr.2017.20.3.465
Published: 01 August 2017
...Stephen R. Galoob Retributivist theories of punishment are in tension with due process. Some retributivists adopt a simple view that punishment of the deserving is normatively justified. However, this Simple Retributivism licenses unjust and illegitimate rules of criminal procedure. A more refined...
Journal Articles
New Criminal Law Review. 2019; 224391–433 doi: https://doi.org/10.1525/nclr.2019.22.4.391
Published: 01 November 2019
.... Conventions such as the rule of law and the separation of powers that might previously have limited such interventions are brushed aside as outmoded examples of elitist thinking. Instead, security is prioritized over residual concerns about due process, while also prioritizing public protection over...
Journal Articles
New Criminal Law Review. 2019; 223318–345 doi: https://doi.org/10.1525/nclr.2019.22.3.318
Published: 01 August 2019
... of the most draconian of these laws target the border and those who cross it. Closer attention to the territorial border reveals a liminal zone in which police and immigration officials enjoy exceptional powers and adherence to due process is attenuated. Apparent public acceptance of the imperatives...
Journal Articles
New Criminal Law Review. 2016; 193382–411 doi: https://doi.org/10.1525/nclr.2016.19.3.382
Published: 01 August 2016
... the ideal of adversarialism, even in an adversarial system like England’s. This natural convergence is accompanied by a due-process-evading justice, in which criminal fair trial rights could be disproportionately limited by ideas of triviality and the so-called noncriminal character. The article also...
Journal Articles
New Criminal Law Review. 2018; 213345–378 doi: https://doi.org/10.1525/nclr.2018.21.3.345
Published: 01 August 2018
... rights and the amorphous limits of “substantive due process,” the Court has posited a narrowly limited “civil commitment” power. The search for the forbidden purpose maps directly onto the inquiry into the limits of this discrete and special state power. Finally, the article argues that the forbidden...
Journal Articles
New Criminal Law Review. 2018; 213426–457 doi: https://doi.org/10.1525/nclr.2018.21.3.426
Published: 01 August 2018
... of SORN laws. The implications of the latter development in particular could well lay the groundwork for a broader challenge against the laws, including one sounding in substantive due process, which unlike ex post facto–based litigation would affect the viability of SORN vis-à-vis current and future...
Journal Articles
New Criminal Law Review. 2018; 211141–169 doi: https://doi.org/10.1525/nclr.2018.21.1.141
Published: 01 February 2018
... together developments in Sweden and international human rights law, and draws out conceptual and practical lessons in the quest for due process rights and substantive equality for people with disabilities in criminal law. © 2018 by The Regents of the University of California 2018 insanity defense...
Journal Articles
New Criminal Law Review. 2017; 204569–615 doi: https://doi.org/10.1525/nclr.2017.20.4.569
Published: 01 November 2017
... provisions. While the right of the legislature to enact laws thought to further public safety is acknowledged, the presumption of innocence is a long-standing, fundamental due process right. This Article specifically considers the extent to which reverse onus provisions are constitutionally valid in a range...
Journal Articles
New Criminal Law Review. 2016; 194544–576 doi: https://doi.org/10.1525/nclr.2016.19.4.544
Published: 01 November 2016
... limitations on due process are a panicked response to the terror attacks of 2001. To the contrary, terrorism cases appear to have shed light on the direction in which the United States was heading for decades. © 2016 by The Regents of the University of California 2016 terrorism surveillance...
Journal Articles
New Criminal Law Review. 2015; 182273–329 doi: https://doi.org/10.1525/nclr.2015.18.2.273
Published: 01 May 2015
... legal system’s adherence to considerations associated with the “crime control model,” and that a narrowly construed discretionary regime, based exclusively on due process considerations, is preferable to a rigid one, as it enables the courts to avoid the adverse consequences of exclusion. © 2015 by...
Journal Articles
New Criminal Law Review. 2015; 181129–165 doi: https://doi.org/10.1525/nclr.2015.18.1.129
Published: 01 February 2015
...Anthony Gray Recent years have seen a departure from traditional criminal due process requirements in the wake of 9/11, one feature of which has been the increased use of closed court hearings in relation to the introduction of evidence considered particularly sensitive to national security...
Journal Articles
New Criminal Law Review. 2013; 164527–567 doi: https://doi.org/10.1525/nclr.2013.16.4.527
Published: 01 October 2013
... some circumstances where legislatures have attempted to limit it, and these will be considered in the Australian context, acknowledging appropriate contextual differences. Many countries are faced with the difficulty of reconciling fundamental due process principles with the need for effective...
Journal Articles
New Criminal Law Review. 2010; 132379–403 doi: https://doi.org/10.1525/nclr.2010.13.2.379
Published: 01 April 2010
... compromised in the name of protecting the public; and who must requalify to enjoy full citizenship. One means of resisting these trends is adherence to a liberal model of the criminal law and assertion of due process protections as security rights for all individuals against the state. ©© 2010 by the...
Journal Articles
New Criminal Law Review. 2012; 15132–67 doi: https://doi.org/10.1525/nclr.2012.15.1.32
Published: 01 January 2012
... civil, and whether some “middle ground” should be acknowledged. If forfeiture provisions are in substance criminal, perhaps due process obligations apply, including the presumption of innocence. This argument is more difficult in Australia, given the lack of an express bill of rights. However, it can be...
Journal Articles
New Criminal Law Review. 2007; 104554–581 doi: https://doi.org/10.1525/nclr.2007.10.4.554
Published: 01 November 2007
... is criminal conduct. In addition, many, perhaps most, definitions of terrorism, even in criminal statutes and treaties, do not comport with basic principles of criminal law, such as principles of legality, due process, and other human rights and constitutional norms. I will also compare terrorism to...
Journal Articles
New Criminal Law Review. 2007; 102153–209 doi: https://doi.org/10.1525/nclr.2007.10.2.153
Published: 01 April 2007
... manner in which defendants are alleged to have committed offenses. With respect to where, Justices variously look for answers in Sixth and Fourteenth Amendment rights to jury trial; Fifth and Fourteenth Amendment presumptions of innocence; and Fifth and Fourteenth Amendment due process limits on the...
Journal Articles
New Criminal Law Review. 2020; 232196–235 doi: https://doi.org/10.1525/nclr.2020.23.2.196
Published: 15 April 2020
... and regulations designed to protect basic due process rights and increase transparency within the court system, and in a renewed effort to promote rule of law practices right down to the local court level.5 In an attempt to ensure consistency and quality in implementing these newly protected rights...
Journal Articles
New Criminal Law Review. 2020; 232300–311 doi: https://doi.org/10.1525/nclr.2020.23.2.300
Published: 15 April 2020
... court will find the conviction to be unsafe. 1 The book is the first empirical study of the CCRC s decision-making process. Based on an unusual open-access review of the CCRC s internal guidance documents, case files, and personnel, the authors base their study largely on Keith Hawkins typology of...
Journal Articles
New Criminal Law Review. 2020; 232236–270 doi: https://doi.org/10.1525/nclr.2020.23.2.236
Published: 15 April 2020
.... I would like to thank the Russian-speaking friends and colleagues who have provided assistance, advice, and critique in the process of researching this article. Any errors or omissions remain, of course, mine. 236 | New Criminal Law Review, Vol. 23, Number 2, pps 236 270. ISSN 1933-4192, electronic...