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immigration-law

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Journal Articles
New Criminal Law Review. 2019; 223318–345 doi: https://doi.org/10.1525/nclr.2019.22.3.318
Published: 01 August 2019
...Lucia Zedner The concept of crimmigration recognizes the growing convergence of criminal law and immigration law as states seek to police migration, punish immigration offenses, and defend the boundaries of the sovereign state. Nowhere have these aims been pursued more vigorously than with respect...
Journal Articles
New Criminal Law Review. 2019; 223236–300 doi: https://doi.org/10.1525/nclr.2019.22.3.236
Published: 01 August 2019
...Rottem Rosenberg Rubins Scholars have offered various accounts of the forces that have caused the contemporary convergence of immigration enforcement and criminal law enforcement, known as “crimmigration.” This article argues that such accounts are insufficient, either because they have difficulty...
Journal Articles
New Criminal Law Review. 2012; 152157–223 doi: https://doi.org/10.1525/nclr.2012.15.2.157
Published: 01 April 2012
...David Alan Sklansky Criminal law and immigration law, once separate fields of governance in the United States, are rapidly growing less distinct. Immigration crimes now account for a majority of all federal prosecutions; deportation is widely seen as a key tool of crime control; immigration...
Journal Articles
New Criminal Law Review. 2008; 113384–408 doi: https://doi.org/10.1525/nclr.2008.11.3.384
Published: 01 August 2008
...Leo Zaibert In spite of some protestations to the contrary, some of the practices that the United States immigration law permits are punitive. They are, moreover, terribly severe. If American citizens were to be treated in the ways in which some noncitizens are treated in the United States, they...
Journal Articles
New Criminal Law Review. 2019; 224391–433 doi: https://doi.org/10.1525/nclr.2019.22.4.391
Published: 01 November 2019
..., asylum seekers, immigrants of all kinds, legal or otherwise. 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...
Journal Articles
New Criminal Law Review. 2017; 20112–38 doi: https://doi.org/10.1525/nclr.2017.20.1.12
Published: 01 February 2017
... criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement...
Journal Articles
New Criminal Law Review. 2010; 132379–403 doi: https://doi.org/10.1525/nclr.2010.13.2.379
Published: 01 April 2010
... process of validation and conformity with prescribed norms. The notion of probationary citizenship (developed in respect of immigrants) is extended to all those whose standing as full citizens is in doubt. Citizenship comes to be used as a means of policing and a tool of the criminal law. Assertion of the...
Journal Articles
New Criminal Law Review. 2020; 232300–311 doi: https://doi.org/10.1525/nclr.2020.23.2.300
Published: 15 April 2020
... whether to refer it to the court of appeal. The resulting monograph is a detailed, thorough, and to U.S. lawyers and scholars a unique study of the decision-making process of an important criminal justice institution. 1. Criminal Appeal Act 1995, § 13(1)(a)(Eng 2. KEITH HAWKINS, LAW AS LAST RESORT...
Journal Articles
New Criminal Law Review. 2019; 224434–493 doi: https://doi.org/10.1525/nclr.2019.22.4.434
Published: 01 November 2019
... easily determine, for example, what percentage of immigration cases go to trial. 448 | NEW CRIMINAL LAW REVIEW | VOL . 22 | NO . 4 | FALL 2019 Current reporting about criminal cases is done by a few of the players, often for very different political reasons. There is existing reporting from district...
Journal Articles
New Criminal Law Review. 2019; 224618–644 doi: https://doi.org/10.1525/nclr.2019.22.4.618
Published: 01 November 2019
... criminology considers those who com- mit offenses as another kind of human, intrinsically different from law- abiding citizens. It focuses on particular risk groups, such as immigrants, drug users, or youths in deprived neighborhoods, whom it presents as threats to the existing social order. Criminology of...
Journal Articles
New Criminal Law Review. 2019; 223233–235 doi: https://doi.org/10.1525/nclr.2019.22.3.233
Published: 01 August 2019
... Act into law, a sentencing reform bill that reduced federal prison sentences for many types of nonviolent offenses by *Editor in Chief, New Criminal Law Review. Associate Professor, University of Auck- land School of Law. 1. See Simon Jenkins, From Sweden to Brexit, Immigration is the Issue Dividing...
Journal Articles
New Criminal Law Review. 2019; 223301–317 doi: https://doi.org/10.1525/nclr.2019.22.3.301
Published: 01 August 2019
... unemployment benefits, clandestine workers, entering the country illegally or staying longer than allowed, breaking the law without regard to the consequences of their actions. The image of the immigrant merges into that of the unem- ployed, the thief, the smuggler and the criminal an image used by parties of...
Journal Articles
New Criminal Law Review. 2019; 2213–33 doi: https://doi.org/10.1525/nclr.2019.22.1.3
Published: 01 February 2019
... criminalization to the study of the real trends of criminal law enforcement. The article offers a critique of both approaches in what refers to the traditional area of application of the theory of criminalization, namely symbolic criminalization. It argues that whereas traditional papers discuss the legitimacy of...
Journal Articles
New Criminal Law Review. 2019; 22199–135 doi: https://doi.org/10.1525/nclr.2019.22.1.99
Published: 01 February 2019
...Sara K. Rankin Homelessness is punishing to those who experience it, not just from the inherent and protracted trauma of living exposed on the street, but also due to widespread and pervasive laws that punish people for being homeless. People experiencing homelessness, particularly chronic...
Journal Articles
New Criminal Law Review. 2018; 214592–614 doi: https://doi.org/10.1525/nclr.2018.21.4.592
Published: 01 November 2018
... psychoanalytically inspired reading of terrorist violence were made at the Early Intervention for Sustainable and Cohesive Communities workshop for and with Prevent practitioners on February 24, 2017, also held at Keele University. 592 | New Criminal Law Review, Vol. 21, Number 4, pps 592 614. ISSN 1933-4192...
Journal Articles
New Criminal Law Review. 2018; 214514–544 doi: https://doi.org/10.1525/nclr.2018.21.4.514
Published: 01 November 2018
...Brian G. Sellers; Bruce A. Arrigo This article empirically investigates how the humanistic critique at the core of virtue jurisprudence can illuminate the laws of captivity at the level of judicial decision making. One point of reference is the set of cases that makes up the constitutional...
Journal Articles
New Criminal Law Review. 2017; 204569–615 doi: https://doi.org/10.1525/nclr.2017.20.4.569
Published: 01 November 2017
...Anthony Davidson Gray This Article documents the increasing range of instances in which the presumption of innocence has been abrogated by legislation. Legislatures are responding to fears around terrorism and general community anxiety about law and order issues by increasing resort to reverse onus...
Journal Articles
New Criminal Law Review. 2017; 203355–390 doi: https://doi.org/10.1525/nclr.2017.20.3.355
Published: 01 August 2017
...Christos Boukalas Since the turn of the century, across North Atlantic countries, counterterrorism law has been an area of relentless, highly prioritized, legal production that often challenges rule of law principles. This article provides a general overview of United Kingdom counterterrorism...
Journal Articles
New Criminal Law Review. 2017; 203391–432 doi: https://doi.org/10.1525/nclr.2017.20.3.391
Published: 01 August 2017
...Anthony Gray This article considers the increased use of mandatory sentencing provisions in a range of jurisdictions, including Canada, Australia, the United States, and United Kingdom/Europe. It finds that, whereas some courts have struck out mandatory sentencing laws, often mandatory minimum...
Journal Articles
New Criminal Law Review. 2017; 203506–533 doi: https://doi.org/10.1525/nclr.2017.20.3.506
Published: 01 August 2017
... mitigating factors, plea mitigation, sentencing, culture, courts *Kevin Kwok-yin Cheng is Associate Professor at the Faculty of Law, The Chinese University of Hong Kong. He received his doctorate in criminology from The University of Hong Kong. His research interests center on criminal justice and empirical...