The Excessive Fines Clause: Challenging the Modern Debtors' Prison

BA Colgan - UCLA L. Rev., 2018 - HeinOnline
In recent years, the use of economic sanctions-statutory fines, surcharges, administrative
fees, and restitution-has exploded in courts across the country. Economic sanctions are …

Immigration law's arbitrariness problem

SB Ray - Colum. L. Rev., 2021 - HeinOnline
Since the nineteenth century, judges have recognized deportation as a penalty" beyond all
reason in its severity." 1 In Fong Yue Ting v. United States, the Chinese immigrant plaintiffs …

[图书][B] Just algorithms: using science to reduce incarceration and inform a jurisprudence of risk

C Slobogin - 2021 - books.google.com
Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk
of reoffending posed by criminal defendants, have been lambasted as racist, de …

Mass Incarceration Paradigm Shift: Convergence in an Age of Divergence

M Jouet - J. Crim. L. & Criminology, 2019 - HeinOnline
Mass incarceration has been such an enduring and extraordinary phenomenon that it has
profoundly shaped the notion that justice in the United States is inherently harsher than in …

Proportionality, constraint, and culpability

MN Berman - Criminal Law and Philosophy, 2021 - Springer
Philosophers of criminal punishment widely agree that criminal punishment should be
“proportional” to the “seriousness” of the offense. But this apparent consensus is only …

The prisoner and the polity

AK Eisenberg - NYUL Rev., 2020 - HeinOnline
All punishment comes to an end. In the most extreme case, the end is brutal and
unambiguous, consisting of the death of the prisoner. In the more typical case, it involves …

Proportional mens rea and the future of criminal code reform

M Serota - Wake Forest L. Rev., 2017 - HeinOnline
The topic of mens rea has historically played a foundational role in both motivating and
guiding criminal code reform efforts. For example, the centerpiece of the most influential …

Harsh justice for international crimes

MM DeGuzman - Yale J. Int'l L., 2014 - HeinOnline
Article Harsh Justice for International Crimes? Page 1 Article Harsh Justice for International
Crimes? Margaret M. deGuzmant 1. IN TRO DU CTIO N …

" Cancel Culture" and Criminal Justice

SA Koh - Hastings LJ, 2022 - HeinOnline
The term" cancel culture" is ubiquitous in contemporary American life. It intersects with
critical national discourse regarding free speech and censorship,'race and gender issues, 2 …

[图书][B] Sentencing and Human Rights: The Limits on Punishment

S Summers - 2022 - library.oapen.org
Sentencing and Human Rights sets out to develop a systematic account of the importance of
human rights principles at sentencing. Sentencing theory is dominated by discussion of the …