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Keywords: criminal law
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Journal Articles
New Criminal Law Review (2021) 24 (3): 326–366.
Published: 01 July 2021
..., criminal law, sentencing, prosecution *Bryant Smith Chair in Law and Co-Director, Capital Punishment Center, Uni- versity of Texas School of Law. For their input on various parts of this project, I am grateful to Jeff Bellin, Kiel Brennan-Marquez, Jake Bronsther, Bennett Capers, Vincent Chiao, Danielle...
Journal Articles
New Criminal Law Review (2021) 24 (1): 3–58.
Published: 01 January 2021
... criminal procedure law, but also to the way it is applied in practice. Indonesia criminal law criminal procedure fair trial presumption of innocence INDONESIA S CRIMINAL JUSTICE SYSTEM ON TRIAL : THE JESSICA WONGSO CASE Simon Butt* This article discusses flaws of Indonesia s criminal procedural...
Journal Articles
New Criminal Law Review (2021) 24 (1): 90–110.
Published: 01 January 2021
... in the drug trade, but will have future implications for drug prosecutions and enforcement. © 2021 by The Regents of the University of California 2021 criminal law drug offenses drug trafficking Singaporean law safekeeping drugs IS SAFEKEEPING DRUG TRAFFICKING? THE SINGAPORE COURT OF APPEAL S...
Journal Articles
Journal Articles
New Criminal Law Review (2020) 23 (4): 516–564.
Published: 27 November 2020
...Monika Simmler The main argument of this article is that only a clear conception of the purpose of punishment can orient the debate about the positioning of the fault requirement and strict liability doctrine in criminal law. A categorization of the varieties of strict liability offenses, as well...
Journal Articles
Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
... by the government, this effort to transform procurator culture is an essential, though still incomplete, step on China’s tortuous path toward a fair and just legal system. © 2020 by The Regents of the University of California 2020 China procurators guiding cases criminal law public prosecutors public...
Journal Articles
New Criminal Law Review (2020) 23 (1): 60–73.
Published: 01 February 2020
... proliferated in parallel in the criminal justice systems of many post-industrial societies in the last thirty years. Multi-door criminal justice does not fare well under the dominant conception of equality in American criminal law, which seeks to stamp out disparities in punishment and ensure roughly equal...
Journal Articles
New Criminal Law Review (2020) 23 (1): 113–138.
Published: 01 February 2020
... accounts in fundamental ways. Although practices akin to problem-solving courts and restorative justice have long operated outside or below the radar of the theory of criminal law and the adjudicative process, over the past few decades these practices have come to the fore and are now supported with full...
Journal Articles
New Criminal Law Review (2019) 22 (4): 494–541.
Published: 01 November 2019
... criminal preliminary hearings judicial conflict resolution (JCR) judge’s role criminal law plea bargain Alternative Dispute Resolution (ADR) MANAGERIAL JUDIC IAL CONFLICT RESOLUTION ( JCR) OF PLEA BARGAINING: SHADOWS OF LAW AND CONFLICT RESOLUTION Sari Luz Kanner,* Dana Rosen Yosef Zohar and Michal...
Journal Articles
New Criminal Law Review (2019) 22 (3): 318–345.
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) 22 (2): 164–199.
Published: 01 May 2019
... as well as a failure to properly utilize the discretion vested in the courts for purposes of sentencing. criminal law sentencing constitutional law human rights law capital offenders © 2019 by The Regents of the University of California 2019 EMERGING TRENDS FROM THE RESENTENCING OF CAPITAL...
Journal Articles
New Criminal Law Review (2018) 21 (3): 321–344.
Published: 01 August 2018
... by The Regents of the University of California 2018 child pornography criminal law First Amendment Texas New Jersey THE EXPANSION OF CHILD PORNOGRAPHY LAW Carissa Byrne Hessick This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images...
Journal Articles
New Criminal Law Review (2018) 21 (2): 247–266.
Published: 01 May 2018
... policy questions regarding what we, as a society, do with our mentally ill, and then looks at public perceptions and their impact on criminal justice decision making. © 2018 by The Regents of the University of California 2018 mental health evidence criminal law trial THE BLAME GAME: PUBLIC...
Journal Articles
New Criminal Law Review (2017) 20 (3): 355–390.
Published: 01 August 2017
... authoritarian legality criminal law counterterrorism law law-form (exceptional vs. normal) pre-emption security U.K . COUNTERTERRORISM LAW, PRE-EMPTION, AND POLIT ICS: TOWARD AUTHORITARIAN LEGALITY ? Christos Boukalas* Since the turn of the century, across North Atlantic countries...
Journal Articles
New Criminal Law Review (2017) 20 (1): 96–129.
Published: 01 February 2017
... of the systemic problems that arise when the criminal law is used as a tool to combat trafficking, including the manipulation of antitrafficking tools and rhetoric to perpetuate racial subordination and migrant criminalization. Ultimately, this research offers broader theoretical insights into the promises...
Journal Articles
New Criminal Law Review (2016) 19 (3): 437–472.
Published: 01 August 2016
.... The best that we can achieve as an epistemologically justifiable punishment is to follow the regulative principle of suitability by relying on a mixture of social norms and specific empirical observation. Keywords: criminal punishment, criminal law, sentencing, jurisprudence *Benjamin L. Apt...
Journal Articles
New Criminal Law Review (2016) 19 (2): 279–311.
Published: 01 May 2016
... incentive law enforcement has to maintain detection dogs that over-alert. constitutional law criminal law drug detection dogs © 2016 by The Regents of the University of California 2016 SUPREME COURT S TREATMENT OF DRUG DETECTION DOGS DOESN T PASS THE SNIFF TEST Matthew Slaughter* The current...
Journal Articles
Journal Articles
New Criminal Law Review (2015) 18 (2): 214–272.
Published: 01 May 2015
... should implement reforms that incorporate probability into punishment. Keywords: criminal law, criminal procedure, sentencing, drugs, quantity, probability I N TRODUCT ION Imagine two defendants, A and B, who have each been convicted of drug trafficking. Defendant A was caught with 1000 grams of crack...