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evolution

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Journal Articles
New Criminal Law Review (2019) 22 (4): 542–584.
Published: 01 November 2019
... the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data ( N = 45) from our studies of three emerging and...
Journal Articles
New Criminal Law Review (2018) 21 (2): 267–290.
Published: 01 May 2018
... purposes over the course of human evolution. Many scholars offended by the retributive instinct insist that we must put emotions aside when discussing the death penalty, even as jurors in death penalty cases, and rely on our rationality. To ask this is to ask what almost all normal people find impossible...
Journal Articles
New Criminal Law Review (2020) 23 (3): 315–365.
Published: 27 July 2020
.... Community notifi- cation is a comparatively newer policy strategy, generally dating to the early 1990s, and is used outside of the US on only a limited basis (SMART Office, 2016a). STATES SORNA IMPLEMENTAT ION JOURNEYS | 319 A. Evolution of SORN Policies in the United States (Pre-2006) Registration of...
Journal Articles
New Criminal Law Review (2020) 23 (3): 388–433.
Published: 27 July 2020
... Rewrites, accessible at httpsbob-dylan.org.uk/archives/7 (updated April 2018). 22. G.A. Res. 61/106, at 27, U.N. Doc. A/Res/61/106 (Dec. 13, 2006) [hereinafter CRPD]. See generallyMichael L. Perlin & Eva Szeli,Mental Health Law and Human Rights: Evolution and Contemporary Challenges, in MENTAL HEALTH AND...
Journal Articles
New Criminal Law Review (2019) 22 (4): 585–617.
Published: 01 November 2019
.... In the first part of the article, we will present an overview of this evolution, following the Recommendation of the Committee of Ministers of the Council of Europe in 1987. France has gradually introduced legislation changes while respecting the roots of its inquisitorial tradition. Various reforms...
Journal Articles
New Criminal Law Review (2019) 22 (3): 236–300.
Published: 01 August 2019
... describes the evolution of the new Israeli crimmigration regime and attempts to iden- tify the views and perceptions that have affected its development. In so doing, the article illuminates the forces that contribute to the integration of criminal and immigration law in the Israeli case. Second, based on...
Journal Articles
New Criminal Law Review (2019) 22 (2): 164–199.
Published: 01 May 2019
... Circumstances in Death Penalty Cases, 14 AFR. HUM. RTS. L.J. 24 42 (2014). The gradual strengthening of the human rights movement has led to the evolution of a global campaign toward the abolition of the death penalty; Aniceth Gaitan & Bernhard Kuschnick, Tanzania s Death Penalty Debate: An Epilogue on Republic...
Journal Articles
New Criminal Law Review (2019) 22 (1): 3–33.
Published: 01 February 2019
... symbolic conflicts) inherited from nineteenth century liberalism and the Hart-Devlin debate (or the reform of sexual crime laws in most of the West), the real problems connected with the evolution of criminalization are simply ignored by most contributions to the theory of criminalization (Husak, 2008, p...
Journal Articles
New Criminal Law Review (2019) 22 (1): 73–98.
Published: 01 February 2019
Journal Articles
New Criminal Law Review (2018) 21 (4): 492–513.
Published: 01 November 2018
... fortunes of eugen- ics, Spencer s social evolutionism, and Lombroso-like criminal anthropol- ogy (e.g., atavists as evolutionary throwbacks), criminal habits were framed through Eurocentric, and imperial, visions of social advancement (Horn, 2003; Jayewardene, 1963; Wolfgang, 1961). For instance, Pike, a...
Journal Articles
New Criminal Law Review (2018) 21 (4): 592–614.
Published: 01 November 2018
... and therefore, civilization as such emerged at the point in evolution when the (imaginary) band of brothers decided to slay the all-powerful father who up until that moment had dominated the savage horde. The event of killing, however, led to a process of mourning out of which, ultimately, the roots...
Journal Articles
New Criminal Law Review (2018) 21 (4): 567–591.
Published: 01 November 2018
... influence of volitional de- cisions on behalf of the person as they buck against the constraints of life circumstances. The self is never freely revisable, it is always conditioned by life events, relationships and social circumstances. Thus the evolution or personal growth of the self is better captured by...
Journal Articles
New Criminal Law Review (2018) 21 (3): 426–457.
Published: 01 August 2018
.... For a helpful overview of the increasing gamut of information required in recent years, see Catherine L. Carpenter & Amy E. Beverlin, The Evolution of Unconstitutionality in Sex Offender Registration Laws, 63 HASTINGS L.J. 1071, 1088 90 (2012). 48. See LOGAN, KNOWLEDGE AS POWER, supra note 2, at 66 70...
Journal Articles
New Criminal Law Review (2018) 21 (3): 379–425.
Published: 01 August 2018
... an evolution (or perhaps revolution) that replaced the classic trespass doctrine and reoriented the Fourth 31. U.S. CONST. amend. IV. 32. Compare Olmstead v. United States, 277 U.S. 438, 457, 464 (1928) (holding that no Fourth Amendment search occurred where the government tapped telephone wires...
Journal Articles
New Criminal Law Review (2018) 21 (2): 209–211.
Published: 01 May 2018
... emotions behind the retributive urge in the imposition of the death penalty in the United States. They argue that the retributive urge is so strong because it engages the most primitive emotions, which served adaptive purposes over the course of human evolution. They conclude that admonitions to put...
Journal Articles
New Criminal Law Review (2018) 21 (2): 212–246.
Published: 01 May 2018
... economics was that each of us is relentlessly self-interested. Markets are an efficient integration of all those individual greedy unseen hands. Darwin s insights strength- ened the belief that we are self-interest machines, and biology s great synthesis of evolution and genetics simply moved the locus of...
Journal Articles
New Criminal Law Review (2018) 21 (1): 1–56.
Published: 01 February 2018
Journal Articles
New Criminal Law Review (2018) 21 (1): 57–140.
Published: 01 February 2018
Journal Articles
New Criminal Law Review (2017) 20 (2): 233–308.
Published: 01 May 2017
... appellate courts are using following Jones to decide the search question (i.e., the Jones 1. See generallyU.S. v. Jones, 132 S.Ct. 945 (2012). Jones is described in detail in Part I.B of this Article (Background). Part I also explores the evolution of the Fourth Amendment search test within U.S...
Journal Articles
New Criminal Law Review (2016) 19 (4): 577–591.
Published: 01 November 2016
... achieve justice or to repair historic injustice, and that many criminal acts are a result of the offender s efforts to overcome the sense of victimhood). 13. See SANDRA BLOOM, CREATING SANCTUARY: TOWARD THE EVOLUTION OF SANE SOCIETIES (1997). RESTORAT IVE JUST ICE AND STR ICT L IAB IL I TY | 581 criminal...