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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …