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Keywords: criminal law
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Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
... 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): 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 (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 (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
... discrepancies as well as a failure to properly utilize the discretion vested in the courts for purposes of sentencing. © 2019 by The Regents of the University of California 2019 criminal law sentencing constitutional law human rights law capital offenders EMERGING TRENDS FROM THE RESENTENCING OF...
Journal Articles
New Criminal Law Review (2018) 21 (3): 321–344.
Published: 01 August 2018
... else. © 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...
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
... 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...
Journal Articles
New Criminal Law Review (2016) 19 (3): 437–472.
Published: 01 August 2016
... regulative principle of “suitability” by relying on a mixture of social norms and specific empirical observation. © 2016 by The Regents of the University of California 2016 criminal punishment criminal law sentencing jurisprudence DO WE KNOW HOW TO PUNISH? Benjamin L. Apt* All of the current...
Journal Articles
New Criminal Law Review (2016) 19 (2): 279–311.
Published: 01 May 2016
... financial incentive law enforcement has to maintain detection dogs that over-alert. © 2016 by The Regents of the University of California 2016 constitutional law criminal law drug detection dogs SUPREME COURT S TREATMENT OF DRUG DETECTION DOGS DOESN T PASS THE SNIFF TEST Matthew Slaughter* The...
Journal Articles
New Criminal Law Review (2015) 18 (3): 331–368.
Published: 01 August 2015
...Mike C. Materni Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This...
Journal Articles
New Criminal Law Review (2015) 18 (2): 214–272.
Published: 01 May 2015
... these problems, district courts should exercise their discretion, and policymakers should implement reforms that incorporate probability into punishment. © 2015 by The Regents of the University of California 2015 criminal law criminal procedure sentencing drugs quantity probability...
Journal Articles
New Criminal Law Review (2014) 17 (4): 587–630.
Published: 01 November 2014
... legal premise that in most states the U.S. courts have taken a similar position to that taken in the seminal English House of Lords decision in R. v. Brown. © 2014 by the Regents of the University of California. 2014 criminal law cosmetic surgery criminalization minors medicine SHOULD...
Journal Articles
New Criminal Law Review (2014) 17 (2): 252–311.
Published: 01 May 2014
.... © 2014 by the Regents of the University of California. 2014 religion First Amendment criminal law insanity defense THE SANITY OF FAITH: WHAT RELIGIOUS FUNDAMENTALISM TEACHES ABOUT THE INSANITY DEFENSE AND THE FIRST AMENDMENT Marvin Lim* This Article analyzes whether criminal religious...
Journal Articles
New Criminal Law Review (2014) 17 (2): 312–375.
Published: 01 May 2014
...Paul H. Robinson; Joshua Samuel Barton; Matthew Lister A number of articles and empirical studies over the past decade suggest a relationship between the criminal law’s reputation for being just—its “moral credibility”—and its ability to gain society’s deference and compliance through a variety of...
Journal Articles
New Criminal Law Review (2014) 17 (2): 376–403.
Published: 01 May 2014
...Christopher Slobogin This essay is a response to an article by Paul Robinson, Joshua Barton, and Matthew Lister in this issue of New Criminal Law Review that criticizes an article I authored with Lauren Brinkley-Rubinstein entitled Putting Desert in Its Place , which was itself an analysis of...
Journal Articles
New Criminal Law Review (2012) 15 (4): 542–571.
Published: 01 October 2012
...Andrew Ashworth; Lucia Zedner Prevention is an important facet of criminalization, but one that must be subject to principled constraint if it is not to result in overextension of the criminal law. This article surveys the scope and forms of prevention within criminal law, analyzes its...
Journal Articles
New Criminal Law Review (2012) 15 (1): 122–155.
Published: 01 January 2012
...Emmanuel Melissaris The aim of this paper is to outline a political theory of criminal law, that is, a theory that does not rely on any controversial moral view on fault and punishment. The argument is based largely on John Rawls's work but also addresses some inconsistencies regarding crime and...