New Criminal Law Review最新文献_第2页

Mass Incarceration, Penal Moderation, and Black Prisoners Serving Very Long Sentences 大规模监禁，刑罚适度，黑人囚犯服刑时间过长

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/nclr.2021.24.4.655

Antje du Bois-Pedain

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引用次数: 0

Measuring Innocence 测量是无辜的

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/nclr.2021.24.4.601

M. Zalman, R. Norris

{"title":"Measuring Innocence","authors":"M. Zalman, R. Norris","doi":"10.1525/nclr.2021.24.4.601","DOIUrl":"https://doi.org/10.1525/nclr.2021.24.4.601","url":null,"abstract":"What is the rate of wrongful conviction? This question may be implicit in Blackstone’s ratio: “It is better that ten guilty persons escape than that one innocent suffer.” Scholarship designed to provide an empirical answer, however, emerged only with the rise of the “innocence movement” in the United States. This article does not provide another study estimating the rate of wrongful felony conviction either for a specified sample, such as death sentences within a specified time period, or for an entire jurisdiction. Instead, we evaluate the rate question itself and assess its importance to innocence scholarship and action. We first trace the question’s intellectual lineage, and its historical and ideological roots among innocence believers and innocence skeptics. We then describe and evaluate all or most of the published studies attempting to estimate the wrongful conviction rate. Next, we discuss a reoccurring limitation of this published work, namely, its failure to account for or its unsubstantiated assumptions about guilty pleas and misdemeanor convictions among innocent defendants. Finally, we question the continued importance of the rate question in light of the modern innocence movement and its growing accomplishments.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78549984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Navigating the Trunks and Spars 航行树干和桅杆

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/nclr.2021.24.4.518

Isa C. Qasim

引用次数: 0

Editor’s Introduction 编辑器的介绍

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/NCLR.2021.24.1.1

Carrie Leonetti

引用次数: 0

Behind Bartkus

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/nclr.2021.24.4.498

S. Henderson, Dean A. Strang

{"title":"Behind Bartkus","authors":"S. Henderson, Dean A. Strang","doi":"10.1525/nclr.2021.24.4.498","DOIUrl":"https://doi.org/10.1525/nclr.2021.24.4.498","url":null,"abstract":"A young defense attorney earns his client, charged in federal court with bank robbery, a jury acquittal. (It’s the attorney’s first.) One would expect the impartial judge to thank the jury for its service. Instead, this one harangues both jury and defense attorney (“entailing changes in his complexion from red to purple to dead white”), publicly rails against the verdict, attempts to bar the jurors from future service, refuses to release the defendant, and successfully prods prosecutors to bring a duplicative state prosecution that would end in conviction for the same crime. To anyone who respects the rule of law—or at the very least to anyone who respects the American jury—this should be deeply troubling. Yet when it took place in a Chicago federal courtroom in December 1953, state prosecutors leapt at the federal judge’s call. And when the appeal of the duplicative state prosecution reached the United States Supreme Court, the defendant lost 5-4. Criminal practitioners know that result as Bartkus v. Illinois, 359 U.S. 121 (1959), a rule of double-jeopardy “dual sovereignty” that the Court reaffirmed in 2019. But next to nobody appreciates how it began in that Chicago federal courtroom. That history comes to life in the unpublished notes of the remarkable defense lawyer. It is a story that underscores just how wrongheaded is the legal rule, and that makes vivid the abuse of judicial power.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87196893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Editor’s Introduction 编辑器的介绍

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/nclr.2021.24.4.467

Carrie Leonetti

引用次数: 0

Prosecutor Mercy 检察官的慈爱

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/nclr.2021.24.3.326

Lee B. Kovarsky

引用次数: 0

Is Safekeeping Drug Trafficking? The Singapore Court of Appeal’s Attempt to Delineate Role and Culpability in Drug Trafficking Offenses 安全保管是毒品走私吗?新加坡上诉法院试图界定贩毒罪行的角色和罪责

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/NCLR.2021.24.1.90

Kenny Yang

引用次数: 0

Between Victims of Crime and Victims of Terrorism 在犯罪受害者和恐怖主义受害者之间

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/nclr.2021.24.4.568

Shai Farber, Nethanel Benichou

{"title":"Between Victims of Crime and Victims of Terrorism","authors":"Shai Farber, Nethanel Benichou","doi":"10.1525/nclr.2021.24.4.568","DOIUrl":"https://doi.org/10.1525/nclr.2021.24.4.568","url":null,"abstract":"In June 2018, a new Reform came into effect in the Judea and Samaria Area (the West Bank; hereinafter “the Area”). For the first time, victims of terror activity that was adjudicated in military courts in the Area, acting under international law, were given statutory rights. These victims were awarded new procedural rights, including the right to receive information regarding the proceedings against the defendant, updates regarding plea bargains, release from prison, and pardon. The rights that crime victims are now entitled to, following the Reform, will allow them to state their opinion on and take part in the proceeding, though not entirely so. The article describes the new Reform regarding victims of terrorism in the Area. It explains the legal, international, and social factors that were at the basis of the Reform. It portrays how these changes are compliant with principles of international law and of foreign legal systems relating to enhancing the protection of crime victims. The article then explores the normative changes expected as a result of the Reform and performs a preliminary evaluation of future developments resulting from its application, de facto. Simultaneously, the article poses criticism to certain aspects of the Reform, such as regarding the enforcement of compensation awarded to victims of terrorism in the Area, and offers suggestions for improvement.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89431026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Indonesia’s Criminal Justice System on Trial 印度尼西亚刑事司法系统的审判

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New Criminal Law Review Pub Date : 2021-01-01 DOI: 10.1525/NCLR.2021.24.1.3

S. Butt

{"title":"Indonesia’s Criminal Justice System on Trial","authors":"S. Butt","doi":"10.1525/NCLR.2021.24.1.3","DOIUrl":"https://doi.org/10.1525/NCLR.2021.24.1.3","url":null,"abstract":"This article discusses flaws of Indonesia’s criminal procedural laws through an analysis of the Jessica Wongso case. After a televised trial in 2016, Wongso was convicted of murdering her friend Salihin, by putting cyanide in her coffee at a Jakarta café, and sentenced to 20 years’ imprisonment. The conviction was upheld on appeal in late 2018. The police obtained very limited evidence against Wongso, leaving prosecutors unable to determine the cause of Salihin’s death, much less to prove convincingly that Wongso was the perpetrator. By contrast, the defense mustered significant exculpatory evidence. But the judges, at first instance and on appeal, took an uncritical view of the prosecution evidence and ignored the defense case. Throughout the investigation and trial, Wongso was not accorded the presumption of innocence, partly because of Indonesia’s flawed or absent formal legal infrastructure for arrests, detentions, searches, and disclosure of prosecution evidence to the defense. It is also because highly prejudicial press coverage before and during trials is not prohibited and because judges lack professionalism. All this suggests a strong need for reform—not only to Indonesia’s criminal procedure law, but also to the way it is applied in practice.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89338146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4