Prosecutorial declination statements

JA Roth - The Journal of Criminal Law and Criminology (1973-), 2020 - JSTOR
This Article examines how prosecutors convey to various audiences their decisions not to
charge in discrete cases. Although prosecutors regularly issue public statements about their …

What's wrong with sentencing equality

RA Bierschbach, S Bibas - Va. L. Rev., 2016 - HeinOnline
O NE concern dominates much of modern criminal justice: equality. The Warren Court
created the field of constitutional criminal procedure with its efforts to rein in racist local law …

What if nothing works? On crime licenses, recidivism, and quality of life

J Bowers - Virginia Law Review, 2021 - JSTOR
We accept uncritically the" recidivist premium," which is the notion that habitual offenders are
particularly blameworthy and should be punished harshly. In this Article, I question that …

Retributivism and criminal procedure

SR Galoob - New Criminal Law Review, 2017 - online.ucpress.edu
Retributivist theories of punishment are in tension with due process. Some retributivists
adopt a simple view that punishment of the deserving is normatively justified. However, this …

Equality in multi-door criminal justice

RA Bierschbach - New Criminal Law Review, 2020 - online.ucpress.edu
As contemporary criminal justice practices have grown more varied, the equality concerns
they raise have grown more nuanced and complex. This essay explores the interplay …

Questions of value: an evaluative study of self-defense theory and practice in Germany, England, and the United States

TM Funk - 2019 - ora.ox.ac.uk
Self-defense is a topic about which scholars, legislators, judges, and laymen alike have
strongly held—and often strongly divergent—opinions. While some favor 'tough-on …