1-20 of 288 Search Results for

fairness

Follow your search
Access your saved searches in your account

Would you like to receive an alert when new items match your search?
Close Modal
Sort by
Journal Articles
New Criminal Law Review (2012) 15 (2): 277–332.
Published: 01 April 2012
.... The answer I propose is that under plausibly adverse conditions, we might not object to arbitrary penal outcomes, because under those conditions a fair distribution of punishment would be one that equalizes chances across a class of similarly situated criminals. In particular, fairness may require no...
Journal Articles
New Criminal Law Review (2006) 9 (2): 453–474.
Published: 01 January 2006
...Susanne C. Walther ©© 2006 by the Buffalo Criminal Law Review 2006 WALTHERMACRO.DOC 3/14/2006 4:49 PM Pipe-Dreams of Truth and Fairness: Is Crawford v. Washington a Breakthrough for Sixth Amendment Confrontation Rights? Susanne C. Walther INTRODUCTION In the process of constitutionalizing...
Journal Articles
New Criminal Law Review (2002) 5 (2): 451–495.
Published: 01 January 2002
...Melissa S. Williams ©© 2002 by the Buffalo Criminal Law Review 2002 WILLIAMSMACRO 6/12/2002 9:53 AM Criminal Justice, Democratic Fairness, and Cultural Pluralism: The Case of Aboriginal Peoples in Canada Melissa S. Williams I. INTRODUCTION The place of criminal justice in democracy has been...
Journal Articles
New Criminal Law Review (2015) 18 (1): 71–99.
Published: 01 February 2015
...Yahli Shereshevsky When international criminal courts face violations of the right to a fair trial, they encounter a dilemma: if they provide a significant remedy, such as a stay of proceedings, the remedy inevitably undermines the ability to punish the perpetrators of international crimes; on the...
Journal Articles
New Criminal Law Review (2017) 20 (4): 535–568.
Published: 01 November 2017
... perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study ( N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation...
Journal Articles
New Criminal Law Review (2014) 17 (1): 55–75.
Published: 01 January 2014
..., this article uses fighting sports as a case study to assess whether the criminal law generally can or should accommodate the notion of a fair fight, sporting or otherwise, predicated on the consent of the participants to the point that the individuals involved might be said, pithily, to have extended...
Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
... government, this effort to transform procurator culture is an essential, though still incomplete, step on China’s tortuous path toward a fair and just legal system. © 2020 by The Regents of the University of California 2020 China procurators guiding cases criminal law public prosecutors public...
Journal Articles
New Criminal Law Review (2019) 22 (4): 434–493.
Published: 01 November 2019
... side tends to have far more resources and power. Without increased transparency, many of the players in the criminal legal system are just bargaining in the dark. © 2019 by The Regents of the University of California 2019 plea bargaining negotiation transparency data fairness BARGAINING...
Journal Articles
New Criminal Law Review (2011) 14 (1): 55–77.
Published: 01 January 2011
... positive balance.26 It is neither fair nor efficient to punish an individual who, acting in good faith, chose a course of action that resulted in a mor- ally preferable outcome.27 Excuses have a different focus, yet the values they seek to protect are quite similar: it is neither fair nor efficient to...
Journal Articles
New Criminal Law Review (2009) 12 (1): 1–42.
Published: 01 January 2009
...Shawn J. Bayern This article considers the relevance of several kinds of post-offense events for the justice of punishment under a fair-play account of retributivism. If the justice of punishment depends on something like an offender-centered tally of benefits and burdens, it may be difficult to...
Journal Articles
New Criminal Law Review (2016) 19 (3): 382–411.
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 (2017) 20 (2): 181–232.
Published: 01 May 2017
...Sharad Goel; Maya Perelman; Ravi Shroff; David Alan Sklansky The exponential growth of available information about routine police activities offers new opportunities to improve the fairness and effectiveness of police practices. We illustrate the point by showing how a particular kind of...
Journal Articles
New Criminal Law Review (2017) 20 (1): 1–11.
Published: 01 February 2017
... specifically concerned with questions of fair and equal treatment, the changing configurations of state sovereignty, and the significance of migration on criminal justice policies and practices. Collectively, the articles show how, in grappling with mass mobility and diversity, states are devising novel forms...
Journal Articles
New Criminal Law Review (2020) 23 (3): 315–365.
Published: 27 July 2020
Journal Articles
New Criminal Law Review (2020) 23 (2): 300–311.
Published: 15 April 2020
... Court, the decision to quash almost always has been upheld. It is fair to say that the CCRC s concern about offending the court does appear to limit the independent role it was intended to exercise. Should it be less risk averse and push the court of appeal to review cases at the margins? Would doing so...
Journal Articles
New Criminal Law Review (2020) 23 (2): 271–299.
Published: 15 April 2020
... security. Autonomy in this sense is a fundamental norm, which is only respected by criminal punishment when people have had a fair chance to avoid punishment. It should not be confused with individual liberty, which can and should be restrained by the government for secu- rity reasons. Security is an...
Journal Articles
New Criminal Law Review (2015) 18 (4): 537–574.
Published: 01 November 2015
...Liat Levanon This article offers a conceptualization of crime and punishment that serves to explain current trends in criminal law doctrine and, at points, recommends their reconsideration. Drawing on Hegel's concept of mutual recognition and on insights developed in fair-play accounts of...
Journal Articles
New Criminal Law Review (2020) 23 (1): 60–73.
Published: 01 February 2020
.... Kahan, The Secret Ambition of Deterrence, 113 HARV. L. REV. 413, 415 (1999). 13. Vincent Chiao, Ex Ante Fairness in Criminal Law and Procedure, 15 NEW CRIM. L. REV. 277, 306, 331 (2012). 66 | NEW CRIMINAL LAW REVIEW | VOL . 23 | NO . 1 | W INTER 2020 systemic, rough and tumble vision of equality that...
Journal Articles
New Criminal Law Review (2020) 23 (1): 139–166.
Published: 01 February 2020
...-Solving Courts: From Innovation to Institutionalization, 40 AM. CRIM. L. REV. 1501, 1502 (2003). 14. M. SOMJEN FRAZER, THE IMPACT OF THE COMMUNITY COURT MODEL ON DEFENDANT PERCEPTIONS OF FAIRNESS: A CASE STUDY AT THE RED HOOK COMMUNITY JUSTICE CENTER (2006), available at httpswww.courtinnovation.org/sites...
Journal Articles
New Criminal Law Review (2020) 23 (1): 74–112.
Published: 01 February 2020