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stop-and-search

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Journal Articles
New Criminal Law Review. 2017; 202181–232 doi: https://doi.org/10.1525/nclr.2017.20.2.181
Published: 01 May 2017
... calculation made possible by modern, large-scale datasets—determining the likelihood that stopping and frisking a particular pedestrian will result in the discovery of contraband or other evidence of criminal activity—could be used to reduce the racially disparate impact of pedestrian searches and to increase...
Journal Articles
New Criminal Law Review. 2020; 232271–299 doi: https://doi.org/10.1525/nclr.2020.23.2.271
Published: 15 April 2020
... to conduct search operations in Moluccan houses and to close off part of The Hague for Moluccans during a state visit from Indonesian President Suharto.18 However, the government did not enact special criminal laws or adminis- trative measures to fight terrorism.19 A letter from the Prime Minister...
Journal Articles
New Criminal Law Review. 2020; 23160–73 doi: https://doi.org/10.1525/nclr.2020.23.1.60
Published: 01 February 2020
... dominate much of criminal justice. They drove the Warren Court s revolution in constitutional criminal procedure, gave birth to the sentencing-guidelines revolution, and pervade debates over everything from the right to counsel, to stop and frisk policies, to police use of deadly force, to capital...
Journal Articles
New Criminal Law Review. 2020; 23127–59 doi: https://doi.org/10.1525/nclr.2020.23.1.27
Published: 01 February 2020
... Sleeping Abusers: Some Reflections, 3 OHIO ST. J. CRIM. L. 1 (2006). 42. PAUL H. ROBINSON & SARAH M. ROBINSON, SHADOW VIGILANTES (2018). 42 | NEW CRIMINAL LAW REVIEW | VOL . 23 | NO . 1 | W INTER 2020 to have observed the legal requirements governing search and seizure, for example, even though they know...
Journal Articles
New Criminal Law Review. 2019; 224585–617 doi: https://doi.org/10.1525/nclr.2019.22.4.585
Published: 01 November 2019
... introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and...
Journal Articles
New Criminal Law Review. 2019; 224542–584 doi: https://doi.org/10.1525/nclr.2019.22.4.542
Published: 01 November 2019
... and non-violent offenders. To facilitate individualized justice, some problem-solving initiatives invite service providers to share space in the courthouse or at a centralized service center. Such one-stop shops make it easier for offenders to get the help they need. The Seattle Community Court, for...
Journal Articles
New Criminal Law Review. 2019; 224434–493 doi: https://doi.org/10.1525/nclr.2019.22.4.434
Published: 01 November 2019
... stops quite short of a full procedural review.31 For the purposes of our discussion, we are dividing this renewed interest into examining the plea bargaining outcomes and the plea bargaining process. A. Plea Bargaining Outcomes Due to the concerns about the overly coercive nature of plea bargaining, and...
Journal Articles
New Criminal Law Review. 2019; 224391–433 doi: https://doi.org/10.1525/nclr.2019.22.4.391
Published: 01 November 2019
...). 49. Id. at 6. 50. ANNA MINTON, GROUND CONTROL: FEAR AND HAPPINESS IN THE TWENTY- FIRST-CENTURY CITY (2012). 402 | NEW CRIMINAL LAW REVIEW | VOL . 22 | NO . 4 | FALL 2019 unsurprisingly, since most people then shared the same kind of life. A filtered search of The Times (United Kingdom) recorded only...
Journal Articles
New Criminal Law Review. 2019; 223318–345 doi: https://doi.org/10.1525/nclr.2019.22.3.318
Published: 01 August 2019
... out of sight. 72 Nonetheless, the territorial border remains a concrete physical entity in which heightened security arrangements are all too readily approved and applied. Whereas stop-and-search by police officers without reasonable suspicion is not ordinarily permissible in the U.K.,73 no such...
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. 2019; 22199–135 doi: https://doi.org/10.1525/nclr.2019.22.1.99
Published: 01 February 2019
... constituents to stop punishing homelessness and instead to start solving it. © 2019 by The Regents of the University of California 2019 homeless constitutional law human rights poverty ordinances begging camping First Amendment Fourth Amendment Eighth Amendment Fourteenth Amendment stigma...
Journal Articles
New Criminal Law Review. 2019; 22173–98 doi: https://doi.org/10.1525/nclr.2019.22.1.73
Published: 01 February 2019
..., searched him, and jailed him overnight.8 He was even- tually released with a 12-month suspended sentence and was ordered to pay 1. Jones v. City of Los Angeles, 444 F. 3d 1118, 1124 (9th Cir., 2006). 2. Id. 3. LOS ANGELES, CAL., MUN. CODE (2005), § 41.18(d). 4. Id. 5. Jones, supra note 1, at 1121 23 (9th...
Journal Articles
New Criminal Law Review. 2019; 2213–33 doi: https://doi.org/10.1525/nclr.2019.22.1.3
Published: 01 February 2019
... on criminal law doctrine and on the institu- tional and constitutional setting of criminal justice. Address: Diagonal Las Torres 2640, Office 217, Building B, Pen alole´n, Santiago, Chile. E-mail: javier.wilenmann@uai.cl. The research was funded by the Alexander von Humboldt Foundation through a...
Journal Articles
New Criminal Law Review. 2018; 214492–513 doi: https://doi.org/10.1525/nclr.2018.21.4.492
Published: 01 November 2018
... Colquhoun s thought. But the influence of his concept did not stop there. He also used it to declare a remedy: disciplinary patterns of governance that would nor- malize the actions of individuals (and groups) to secure particular images of a normal, ordered society. On this note, let us remind ourselves...
Journal Articles
New Criminal Law Review. 2018; 214592–614 doi: https://doi.org/10.1525/nclr.2018.21.4.592
Published: 01 November 2018
.... Luciferian life is to a considerable extent a life lived by selves that are desperate to be as unstructured, unstratified, as empty and therefore, indeed, as potentially responsive as possible. In their search paradoxical, impossible search for absolute independence from the world, they refuse to sacrifice...
Journal Articles
New Criminal Law Review. 2018; 214567–591 doi: https://doi.org/10.1525/nclr.2018.21.4.567
Published: 01 November 2018
... one is not. (Apter, 1983, p. 80) Knowing what one is against allows individuals to engage in a process of dis-identification (Scott, 2018). As he argues, in order to gain and maintain a sense of identity, the individual must search out or provoke forces to be negativistic against (Apter, 1983, p. 81...
Journal Articles
New Criminal Law Review. 2018; 213379–425 doi: https://doi.org/10.1525/nclr.2018.21.3.379
Published: 01 August 2018
... Amendment, 17 TEX. J. WOMEN & L. 153, 170 (2008) (identifying some twenty exceptions including searches incident to arrest, automobile searches, stop and frisk searches, plain view searches, consent searches, border searches, administrative searches of regulated businesses, exigent circumstances, welfare...
Journal Articles
New Criminal Law Review. 2018; 213458–482 doi: https://doi.org/10.1525/nclr.2018.21.3.458
Published: 01 August 2018
... from schools, playgrounds, and bus stops because they are classified as sex offenders7 Over 400,000 rape kits would not go untested, allowing serial rapists to find more victims while their DNA sits on warehouse shelves for years or decades.8 Prosecutors would no longer use sodomy laws to punish...
Journal Articles
New Criminal Law Review. 2018; 21157–140 doi: https://doi.org/10.1525/nclr.2018.21.1.57
Published: 01 February 2018
...Hamed Tofangsaz This article analyzes the criminalization provisions of the International Convention for the Suppression of the Financing of Terrorism, the backbone of the legal regime for the prevention of terrorist financing. It makes a detailed examination of the background of the Convention and...
Journal Articles
New Criminal Law Review. 2017; 203465–505 doi: https://doi.org/10.1525/nclr.2017.20.3.465
Published: 01 August 2017
..., unified critique of criminal justice practices (such as pretextual stops, pretextual prose- cutions, and plea bargaining) that are both common in the United States and widely condemned on other grounds. Yet Retributivist Criminal Procedure is also in tension with several procedural rules and norms that...