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Journal Articles
New Criminal Law Review. 2019; 224434–493 doi: https://doi.org/10.1525/nclr.2019.22.4.434
Published: 01 November 2019
... used as a point of negotiation to encourage Norwalk prosecutors to offer deals more in line with what could be expected in Compton. 9. Six states allow jury sentencing. Nancy J. King & Rosevelt L. Noble, Felony Jury Sentencing in Practice: A Three State Study, 57 VAND. L. REV. 885, 886 (2004) However...
Journal Articles
New Criminal Law Review. 2018; 214492–513 doi: https://doi.org/10.1525/nclr.2018.21.4.492
Published: 01 November 2018
... (identifying) criminals, and correcting them. The following paper examines specifically how Patrick Colquhoun approached such regulation by emphasizing “immoral habits” as a cause of crime that could be regulated, in concert, by civil society and criminal law. He called for the development of effective...
Journal Articles
New Criminal Law Review. 2017; 204569–615 doi: https://doi.org/10.1525/nclr.2017.20.4.569
Published: 01 November 2017
... deal with those suspected of serious crime has also increased. This has caused some legislatures to consider recasting the balance between fundamental human rights like the presumption of innocence and the community desire to prosecute and punish those accused of wrongdoing. Usually, this recasting...
Journal Articles
New Criminal Law Review. 2017; 203465–505 doi: https://doi.org/10.1525/nclr.2017.20.3.465
Published: 01 August 2017
... version of retributivism, on which a person’s punishment is justified only if she deserves to be punished for the offense with which she is charged and her desert bases cause her to be liable to punishment, avoids the troubling implications of Simple Retributivism. Refined Retributivism also entails...
Journal Articles
New Criminal Law Review. 2017; 203433–464 doi: https://doi.org/10.1525/nclr.2017.20.3.433
Published: 01 August 2017
... foreign to his cause, considering that he does not reject the relevance of motives to assessing liability (he accepts that legis- lators may resort to motives in defining wrongdoing), nor does he maintain that courts are ill-equipped to decide questions of motive (he allows for such decisions in the...
Journal Articles
New Criminal Law Review. 2017; 201157–179 doi: https://doi.org/10.1525/nclr.2017.20.1.157
Published: 01 February 2017
.... © 2017 by The Regents of the University of California 2017 border control crimmigration Schengen stop and search noble cause détournement de pouvoir SEARCHING FOR I LLEGAL JUNK IN THE TRUNK: UNDERLYING INTENTIONS OF (CR) IMMIGRATION CONTROLS IN SCHENGEN S INTERNAL BORDER AREAS...
Journal Articles
New Criminal Law Review. 2017; 2011–11 doi: https://doi.org/10.1525/nclr.2017.20.1.1
Published: 01 February 2017
... and criminal law enforcement. As the authors note, enforcement officials exploit loopholes and vagueness in the law about the use of their power while often resorting to noble causes to justify this misuse of power. They also exercise dis- cretion on deciding whom to stop. Unsurprisingly, the vast...
Journal Articles
New Criminal Law Review. 2016; 194473–543 doi: https://doi.org/10.1525/nclr.2016.19.4.473
Published: 01 November 2016
...Johanna Göhler A defendant’s continuous attendance at a trial before the International Criminal Court has long been purported to be her absolute obligation and an irrevocable principle of international criminal justice. Yet, when the first prosecution of sitting heads of state caused the most...
Journal Articles
New Criminal Law Review. 2015; 184477–509 doi: https://doi.org/10.1525/nclr.2015.18.4.477
Published: 01 November 2015
...Mark R. Fondacaro; Megan J. O'Toole A recent National Academy of Sciences Report entitled, “The growth of incarceration in the United States: Exploring causes and consequences,” examined the drivers of the fourfold increase in incarceration rates in the United States and provided a firm...
Journal Articles
New Criminal Law Review. 2015; 183331–368 doi: https://doi.org/10.1525/nclr.2015.18.3.331
Published: 01 August 2015
... punishment after attacking the weak, and might makes right.54 The superstition principle causes any offense to be seen as an offense against God: C]riminal trials become religious ceremonies; imaginary crimes are punished such as witchcraft, divination, and spells; and there are no limits to the cruelty in...
Journal Articles
New Criminal Law Review. 2013; 163494–526 doi: https://doi.org/10.1525/nclr.2013.16.3.494
Published: 01 July 2013
... them in other ways, was permissible in light of this consideration. Focusing on the distinction between combatants and noncombatants has the merit of identifying as acts of terrorism the pursuit of noble causes using illegitimate means. For example, many people sympathize with the struggle of the...
Journal Articles
New Criminal Law Review. 2012; 154511–541 doi: https://doi.org/10.1525/nclr.2012.15.4.511
Published: 01 October 2012
... having done so.21 Yet jury nullification is a pretty insecure peg on which to hang the ban on double jeopardy. The power of juries to acquit against the evidence can be exercised on behalf of noble causes, but it can equally be exercised on behalf of ignominious ones.22 There seems little reason to...
Journal Articles
New Criminal Law Review. 2011; 143449–467 doi: https://doi.org/10.1525/nclr.2011.14.3.449
Published: 01 July 2011
... social injustice causes crime, so he must confront the old claim that you can t have just punishment in an unjust society. Poverty, he says, can inspire unjust deeds brought about by noble feelings (324), but what would make poverty- inspired deeds unjust ? The answer is that social injustice cannot...
Journal Articles
New Criminal Law Review. 2011; 1411–34 doi: https://doi.org/10.1525/nclr.2011.14.1.1
Published: 01 January 2011
..., to participate in bringing it under control. Husak is surely right about the growth and dangers of overcriminaliza- tion. Still, he misses one odd feature in his assessment, stranger still be- cause it lies in the heart of Husak s long-running academic project.3 Despite what otherwise seems like the...
Journal Articles
New Criminal Law Review. 2010; 133515–554 doi: https://doi.org/10.1525/nclr.2010.13.3.515
Published: 01 July 2010
... confines its attention mostly to out-of-court statements that contain admissions by accused persons to having caused the injury that is the subject of the prosecution, as well as excuses or justifications for having done so. These are statements that the criminal law associates with such defenses as...
Journal Articles
New Criminal Law Review. 2010; 132241–261 doi: https://doi.org/10.1525/nclr.2010.13.2.241
Published: 01 April 2010
... S H I P VS. MAR KETS: TH E MAR S HALLIAN PE R S PECTIVE Citizenship, like the ideal of community, is widely attractive just be- cause it disguises hard choices. Everyone would like to be a citizen; nobody wants to be isolated and alienated. But beyond the platitudes, agreement vanishes. . . . [I...
Journal Articles
New Criminal Law Review. 2009; 123339–340 doi: https://doi.org/10.1525/nclr.2009.12.3.339
Published: 01 July 2009
... banning WMDs are all noble causes. But they do not exhaust the field of possible amend- ments to the Rome Statute. The Rome Statute clearly constitutes a benchmark in the progressive development of international human rights ;5 nevertheless, it is far from perfect. On the contrary: having inter- acted...
Journal Articles
New Criminal Law Review. 2007; 104554–581 doi: https://doi.org/10.1525/nclr.2007.10.4.554
Published: 01 November 2007
... including torture, sexual violence, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, group persecution, enforced disappearances of persons, apartheid, and other inhumane acts of a similar character inten- tionally causing great suffering...
Journal Articles
New Criminal Law Review. 2007; 104658–689 doi: https://doi.org/10.1525/nclr.2007.10.4.658
Published: 01 November 2007
... one requires a reasonable excuse for possessing train timetables, maps, or computer manuals. There are various financial offenses and again some are very broad. For example, it is an offense to invite another to provide money or property where one has reasonable cause to suspect that it may be used...
Journal Articles
New Criminal Law Review. 2005; 911–138 doi: https://doi.org/10.1525/nclr.2005.9.1.1
Published: 01 April 2005
... of criminal justice, the morally justified infliction of punitive sanctions should reflect a proportional response to the gravity of the offense. On this view, the gravity of the offense is measured along two dimensions the harm caused or risked by the offender s conduct and the moral fault or...