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right-and-wrong

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Journal Articles
New Criminal Law Review (2007) 10 (2): 210–238.
Published: 01 April 2007
... reproduce article content through the University of California Press s Rights and Permissions website, httpwww.ucpressjournals. com/reprintInfo.asp. DOI: 10.1525/nclr.2007.10.2.210. 210 | KI LLI NG I N GOOD CON SCI E NCE: WHAT S WRONG WITH SU N STE I N AN D VE R M E U LE S LE SS E R EVI L ARG U M E NT FOR...
Journal Articles
New Criminal Law Review (2005) 8 (2): 567–597.
Published: 01 January 2005
...Vera Bergelson ©© 2005 by the Buffalo Criminal Law Review 2005 BERGELSONREPLYMACRO.DOC 4/20/2005 11:43 AM Conditional Rights and Comparative Wrongs: More on the Theory and Application of Comparative Criminal Liability Vera Bergelson Dean Hurd and Professors Harel, Husak, and Simons have...
Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
... from “striking hard” to substantive protection of criminal suspects’ rights and exclusion of tainted evidence. They reinforce criminal procedure reforms since 2010 by demonstrating how procurators should protect innocent people against wrongful convictions and police brutality. They also stress the...
Journal Articles
New Criminal Law Review (2010) 13 (2): 357–378.
Published: 01 April 2010
... justification and excuse. I argue against this view that these core criminal law concepts are fluid and irresolute. Mistaken self-defense can be analyzed in terms of an irreducible chiasmus (antithesis) in the law between "doing the right thing for a wrong reason" and "doing the wrong thing for a right reason...
Journal Articles
New Criminal Law Review (2016) 19 (3): 382–411.
Published: 01 August 2016
... disproportionately limited by ideas of triviality and the so-called noncriminal character. The article also suggests a convergence in the jurisprudential framework as minor offense justice reflects limitations on fair trial rights in dealing with less serious public wrongs. Keywords: summary justice, minor offenses...
Journal Articles
New Criminal Law Review (2009) 12 (1): 93–121.
Published: 01 January 2009
... that are grounded in an exercise of personal autonomy and waiving rights that violate a person's human dignity: rational autonomy. I conclude that regardless of consent, certain grave harms violate a person's dignity as a human being and therefore are wrongful and criminalizable. ©© 2009 by the...
Journal Articles
New Criminal Law Review (2010) 13 (2): 427–448.
Published: 01 April 2010
... providing a convincing answer to two questions: To whom are we criminally responsible? And who has the authority to try us for a criminal wrong? These questions are ultimately about the normative justification for the right to punish. They are questions about who holds this right and what is its appropriate...
Journal Articles
New Criminal Law Review (2011) 14 (1): 35–54.
Published: 01 January 2011
... various approaches makes the most sense, we need to ask exactly what receiving statutes are meant to censure and deter. From a backward-looking perspective, receivers can be said to perpetuate the wrongful deprivation of the victim owner s property rights, effected in the first instance by the thief. From...
Journal Articles
New Criminal Law Review (2007) 10 (2): 153–209.
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 (2007) 10 (1): 102–141.
Published: 01 January 2007
... facie judgment of wrongfulness implicit in an infraction of the paradigm of the offense because the existence of justificatory cir- cumstances makes the conduct, all things being considered, the right thing to do under the circumstances. Consequently, both the doctor and the officials may attempt to...
Journal Articles
New Criminal Law Review (2007) 10 (4): 582–612.
Published: 01 November 2007
... Innocents, 29 Am. J. Crim. L. 481, 506 07 (2002); Fritze, supra note 26, at 214; Eric Blumenson, Killing in Good Conscience: What s Wrong with Sunstein s and Vermeule s Lesser Evil Argument for Capital Punishment and Other Human Rights Violations?, 10 New Crim. L. Rev. 210, 214 15 (2007). Even John Harris...
Journal Articles
New Criminal Law Review (2020) 23 (3): 388–433.
Published: 27 July 2020
...Michael L. Perlin; Heather Ellis Cucolo Our sexually violent predator (SVP) laws are a miserable failure. We suggest a turn to international human rights law (IHR) as a source of rights for this population, and consider this matter from the perspective of comparative law . Many nations have enacted...
Journal Articles
New Criminal Law Review (2020) 23 (3): 366–387.
Published: 27 July 2020
... distinguish by crime, conviction, or assumption. Group inclusion intensifies the label of sex offender by suggesting the chimeric assemblage as the ultimate predator, and thereby creates the boundaries of law by representing all that is illegal, immoral, and interpreted as wrong, unjust, and vile (Spencer...
Journal Articles
New Criminal Law Review (2020) 23 (2): 167–169.
Published: 15 April 2020
... adjudication. Its contributors look at the role of defense lawyers, prosecutors, and other legal professionals in promoting client autonomy, prosecutorial independence, the correction of wrongful convictions, and the primacy of international criminal law, as well as the role that the law reform processes play...
Journal Articles
New Criminal Law Review (2020) 23 (2): 300–311.
Published: 15 April 2020
...Lissa Griffin BOOK REVIEW REASONS TO DOUBT: WRONGFUL CONVICTIONS AND THE CRIMINAL CASES REVIEW COMMISSION. By Carolyn Hoyle and Mai Sato. New York: Oxford University Press, 2019. Pp. xxx, 383. $99.00 (hardback). Reasons to Doubt is a comprehensive, socio-legal study of the workings of the U.K...
Journal Articles
New Criminal Law Review (2020) 23 (2): 236–270.
Published: 15 April 2020
... ISSN 1933-4206. © 2020 by The Regents of the University of California. All rights reserved. Please direct all requests for permission to photocopy or reproduce article content through the University of California Press s Reprints and Permissions web page, httpswww. ucpress.edu/journals/reprints...
Journal Articles
New Criminal Law Review (2020) 23 (1): 74–112.
Published: 01 February 2020
... merely the state s choice but a state duty and an offender s right. This article explores the obligations the state owes ex-felons in reinte- grating them into civic society across a range of political and civic rights. I . RE INTEGRAT ION AS R IGHT Certain wrongs undermine our ability as persons and...
Journal Articles
New Criminal Law Review (2020) 23 (1): 27–59.
Published: 01 February 2020
... punishment are prima facie such abhorrent *Distinguished Professor of Philosophy and Law, Rutgers University. | 27 New Criminal Law Review, Vol. 23, Number 1, pps 27 59. ISSN 1933-4192, electronic ISSN 1933-4206. © 2020 by The Regents of the University of California. All rights reserved. Please direct all...
Journal Articles
New Criminal Law Review (2020) 23 (1): 60–73.
Published: 01 February 2020
... on the thoughts expressed in this essay, and Emma Trivax for outstand- ing research assistance. This essay draws in part on the author s previous work discussing the idea of equality in American sentencing law. See Richard A. Bierschbach & Stephanos Bibas, What s Wrong with Sentencing Equality?, 102...
Journal Articles
New Criminal Law Review (2020) 23 (1): 139–166.
Published: 01 February 2020
... | VOL . 23 | NO . 1 | W INTER 2020 in Israel and in other Anglo-American countries reflect different ideologies, including those relating to alternative dispute resolution, victims rights, community justice, and therapeutic justice on one hand, and retributive, preventive, managerial, and actuarial...