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This article conducts an empirical research of guiding cases in China. It purposively tracks guiding cases no. four and twelve regarding intentional murders and compares with the functions of relevant judicial interpretations. It has used several tools to capture the reactions of courts through...
Persistent link: https://www.econbiz.de/10014152178
This article was the Kirby lecture presented in March 2009 at the Southern Cross University in Sydney, Australia. Adrien Wing's keynote speech was in support of Australian retired Justice Michael Kirby's legacy that national courts can and should gain strength from international law. The author...
Persistent link: https://www.econbiz.de/10013131073
This paper examines the impact of jury racial composition on trial outcomes using a unique dataset of all felony trials in Sarasota County, Florida between 2004 and 2009. We utilize a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random...
Persistent link: https://www.econbiz.de/10008665132
Persistent link: https://www.econbiz.de/10013134308
Evidence has repeatedly shown that disparities in crime sentences can be attributed to certain variables considered outside the legal dimensions of the case. The majority of research that investigates factors that contribute to such disparities has primarily focused on crimes of varying...
Persistent link: https://www.econbiz.de/10013156099
even after controlling for circumstances such as the severity of the offense and past criminal history …
Persistent link: https://www.econbiz.de/10012776558
This Article argues that the existing regime for sentencing violations of the Computer Fraud and Abuse Act (“CFAA”) is based on a conceptual error that consistently leads to improper sentencing recommendations. The Federal Sentencing Guidelines treat CFAA violations as economic crimes. Most...
Persistent link: https://www.econbiz.de/10012936137
white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will …
Persistent link: https://www.econbiz.de/10012764862
too many "offense levels" and critiques of the core definition of "loss." The article summarizes previous suggestions made …
Persistent link: https://www.econbiz.de/10012969032
Whether punishment promotes or deters future criminal activity by the convicted offender is a key public policy concern … networks in prison. On the other hand, greater initial punishment may have a deterrence effect on the individual being punished …
Persistent link: https://www.econbiz.de/10013002729