How Criminal Law Dictates Rules of Criminal Procedure

Scholarship

PUBLISHER

Rutgers University Law Review

DATE

2018

Darryl K. Brown

Darryl K. Brown, How Criminal Law Dictates Rules of Criminal Procedure, 70 Rutgers University Law Review 1093-1115 (2018).

Bad Faith Prosecution
Ann Woolhandler

Michael G. Collins
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics
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Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how... MORE
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How dangerous must a person be to justify the state in locking her up for the greater good? The bail reform movement, which aspires to limit pretrial... MORE

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Algorithmic Fairness, Algorithmic Discrimination
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Asymmetric Subsidies and the Bail Crisis
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John F. Duffy
When individuals are arrested or indicted for a crime, governments have legitimate interests in assuring that those individuals show up for future... MORE
What If Nothing Works? On Crime Licenses, Recidivism, and Quality of Life
Josh Bowers
We accept uncritically the “recidivist premium,” which is the notion that habitual offenders are particularly blameworthy and should be punished... MORE
Arrests: What Are They Good For?
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Algorithmic Risk Assessment in the Hands of Humans
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We evaluate the impacts of adopting algorithmic risk assessments as an aid to judicial discretion in felony sentencing. We find that judges'... MORE
The Law of the Police
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The Law of the Police is the first book to explore the complex array of federal, state, and local legal rules that govern police encounters with the... MORE
The Trial Lottery
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Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in... MORE

Does Cash Bail Deter Misconduct?
Megan T. Stevenson
Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can... MORE
Changing the Law to Change Policing: First Steps
Rachel Harmon
Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity.... MORE
Civil Order, Criminal Justice, and ‘No Justice No Peace’
Darryl K. Brown
Two kinds of recurring events – police violence and political protests – highlight some of the tensions between criminal justice administration and... MORE

Does It Matter Who Objects? Rethinking the Burden to Prevent Errors in Criminal Process
Darryl K. Brown
Objection rules enforced by forfeiture penalties make the right to appeal contingent on whether the party injured by an opponent’s or judge’s error... MORE
Impact of Risk Assessment on Judges’ Fairness in Sentencing Relatively Poor Defendants
John T. Monahan
The increasing use of risk assessment algorithms in the criminal justice system has generated enormous controversy. Advocates emphasize that... MORE
Judging Risk
John T. Monahan
Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process—from policing to pretrial... MORE