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Journal Articles
New Criminal Law Review (2019) 22 (4): 391–433.
Published: 01 November 2019
...John Pratt; Michelle Miao Criminal law is being broadened from its normative and moral response to wrongdoing to include the capacity to act as a preventive force. As well as reacting to crime that has been committed, it also attempts to control the risk of future crime. In so doing, preventive...
Journal Articles
New Criminal Law Review (2014) 17 (3): 502–551.
Published: 01 August 2014
...-making task. Specifically, a new study demonstrates that brain scan results differed between juveniles at high risk for potentially harmful or criminal conduct and healthy children. These differences within juvenile populations support the notion that particular biological and environmental traits in...
Journal Articles
New Criminal Law Review (2014) 17 (1): 103–134.
Published: 01 January 2014
... objectifies, is inherently harmful. The paper offers an alternative approach by suggesting that laws defining capacity to consent should be justified on the basis of assessments of risk rather than moral assessments about sex. This stands to circumscribe law’s limits on sexual liberty in ways that are better...
Journal Articles
New Criminal Law Review (1998) 1 (2): 599–626.
Published: 01 January 1998
Journal Articles
New Criminal Law Review (2018) 21 (4): 545–566.
Published: 01 November 2018
... framework shaped by medical determinations of risk and harm. © 2018 by The Regents of the University of California 2018 HIV/Aids seropolitics biopolitics accusation criminalization SEROPOLIT ICS AND THE CRIMINAL ACCUSATION OF HIV NON-DISCLOSURE IN CANADA Amy Swiffen and Martin French* This...
Journal Articles
New Criminal Law Review (2020) 23 (3): 315–365.
Published: 27 July 2020
... all RSOs (e.g., universal lifetime registration) or may be calibrated based on classification systems utilizing conviction offense and/or recidivism risk criteria. The second set of elements encompasses the roles and responsibilities of SORN implementing agencies, including entities charged with...
Journal Articles
New Criminal Law Review (2020) 23 (3): 388–433.
Published: 27 July 2020
Journal Articles
New Criminal Law Review (2020) 23 (3): 366–387.
Published: 27 July 2020
... Act was passed in 1994.2 The leg- islation mandated that each State create a registry of convicted sex offen- ders, thus tracking their addresses (H.R.1683, 1997). Sex offenders across the US were deemed to be of such high risk to community wellbeing that their whereabouts required tracking to prevent...
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
...-Terrorist Blacklisting, Human Rights Law Review 3, no. 2 (2004): 225 56. Ronald Dworkin has argued that the risks of anti-terrorism measures to civil liberties impose particular harms onMuslims; Dworkin, The Threat to Patriotism, New York Review of Books, February 28, 2002, httpwww.nybooks.com/articles...
Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
... to a crime.43 At the same time, Wu noted a significant increase in the number of cases where procurators had voluntarily excluded key evidence since the 2010 regulatory rules were introduced.44 But they did this prior to any formal trial proceedings to avoid the risk of a mistrial or acquittal. In...
Journal Articles
New Criminal Law Review (2020) 23 (2): 170–195.
Published: 15 April 2020
Journal Articles
New Criminal Law Review (2020) 23 (2): 236–270.
Published: 15 April 2020
Journal Articles
New Criminal Law Review (2016) 19 (3): 412–436.
Published: 01 August 2016
..., however, the authors argue in favor of limiting the criminal liability of operators to situations where they neglect to undertake reasonable measures to control the risks emanating from robots. © 2016 by The Regents of the University of California 2016 robots self-driving cars criminal...
Journal Articles
New Criminal Law Review (2011) 14 (2): 173–212.
Published: 01 May 2011
...Stephen P. Garvey If the state can legitimately criminalize only wrongs that cause or risk harm, and if it respects the fact that an actor who sets out to commit a crime can always change his mind until he takes the last step, we are apt to end up with a law of attempts in which an attempt is a...
Journal Articles
New Criminal Law Review (2020) 23 (1): 113–138.
Published: 01 February 2020
... step toward greater regulatory oversight of the criminal justice process.31 I also direct them to recent work on risk assessment as effective policy, which in recent years has taken off in criminal justice, led in large by funding from the Arnold Foundation.32 All of these authorities, and still others...
Journal Articles
New Criminal Law Review (2020) 23 (1): 60–73.
Published: 01 February 2020
... equality in criminal law. A system strongly committed to equalizing outcomes might skew toward only a few doors that are (or are perceived to be) the most consistent with a commitment to equality perhaps those focused on prevention, actuarial justice, and risk management, or other similar top- down and ex...
Journal Articles
New Criminal Law Review (2020) 23 (1): 27–59.
Published: 01 February 2020
... defense of this compatibility, see Douglas Husak, Why Legal Philoso- phers (including Retributivists) Should be Less Resistant to Risk-Based Sentencing, in RISK- BASED SENTENCING 33 (Julian Roberts, J.W. de Keijser, & Jasper Ryberg eds., 2019). 28 | NEW CRIMINAL LAW REVIEW | VOL . 23 | NO . 1 | W INTER...
Journal Articles
New Criminal Law Review (2020) 23 (1): 1–26.
Published: 01 February 2020
... of this idea to all types of crimes of the powerful. Responsibilization and widening the net of duties to prevent risks of crime are conceived as keys to this accomplishment, contrary to much thinking 7. Martha Minnow, Do Alternative Justice Mechanisms Deserve Recognition in Interna- tional Criminal...
Journal Articles
New Criminal Law Review (2020) 23 (1): 139–166.
Published: 01 February 2020
... characterizes the current system.2 The increasing use of actuarial strategies has led scholars to argue that law-enforcement goals have shifted to managing future risk.3 Debate about the emotional needs of victims as well as offenders have prompted reforms that promote apology and dia- logue between them, with...