Results 91 to 100 of about 630,673 (354)
“Encroachments and Oppressions”: The Corporatization of Procedure and the Decline of Rule of Law [PDF]
This Article begins by providing a brief account of the corporatization of procedure through judicial decision-making and noting some of the detrimental effects it has had on the preservation of rule of law and access to justice.
Glover, J. Maria
core +2 more sources
ABSTRACT Rape shield laws restrict the admission of prior sexual history evidence (PSHE) in sexual assault trials in various countries, including Canada and the U.S. Despite such laws, admission of PSHE is often at the discretion of a trial judge. The current study examined the effect of PSHE (present, absent), victim and defendant gender (male, female)
Bailey M. Fraser +2 more
wiley +1 more source
Discretion, Due Process, and the Prison Discipline Committee [PDF]
A revised version of this paper was published as: Schafer, N.E. (1986). "Discretion, Due Process and the Prison Discipline Committee." Criminal Justice Review 11(2): 37–46 (Fall 1986).
Schafer, N. E.
core
ABSTRACT Rape myths, including the belief that victims frequently lie, contribute to barriers in justice, such as the disproportionate use of the “unfounded” classification—where, following an investigation, it is determined no crime occurred. This study analyzes rape report narratives tied to previously untested sexual assault kits (N = 5638) from a ...
Rachel E. Lovell +2 more
wiley +1 more source
Qualification of Acts in the Context of Insignificance: Theoretical and Practical Issues
The article deals with the qualification of insignificance of act problematic issues, the impact of judicial discretion in the formation of judicial practice on the assessment of insignificance is reflected.
Irina G. Ragozina +1 more
doaj +1 more source
Judicial Discretion and Sentencing Behavior [PDF]
This research studies the impact of changes to federal judicial discretion on criminal sentencing outcomes. The Feeney Amendment to the 2003 PROTECT Act restricted federal judges’ ability to impose sentences outside of the U.S.
Freeborn, Beth, Hartmann, Monica
core +1 more source
Why Judicial Review Fails: Organizations, Politics, and the Problem of Auditing Executive Discretion [PDF]
Every day executive branch officials make thousands of decisions affecting our security and welfare. Homeland security officials screen tens of thousands of people at the border. They decide whose name gets on government “no fly lists.” Agencies freeze
Cuellar, Mariano-Florentino
core +1 more source
ABSTRACT Consumers' increasing environmental concerns are prompting a shift in fashion consumption, fueling the remarkable growth of the second‐hand market. Over the last decade, this trend has spurred the emergence of a plethora of online platforms dedicated to the resale of pre‐loved fashion items.
Gabriele Murtas, Giuseppe Pedeliento
wiley +1 more source
The Anatomy of Discretion: An Analysis of Prosecutorial Decision Making [PDF]
Prosecuting attorneys enjoy exceptionally broad discretion in making decisions that influence criminal case outcomes. They make pivotal decisions throughout the life of a case with little public or judicial scrutiny.
Bruce Frederick, Don Stemen
core
Theories of vagueness and theories of law [PDF]
It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice ...
Silk, Alex
core +3 more sources

