Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a common law of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the...

With data from over 80,000 New York City arraignments, we used ordinary least squares, coarsened exact matching, and instrumental variable analysis to estimate the impact of pretrial detention on multiple case outcomes: guilty plea, conviction, carceral sentence, and sentence length. The study...

This paper examines the debate between the justices over the universality of rights within the context of the U.S. Supreme Court's jurisprudence on the constitutionality of the death penalty. While constitutional rights cases most immediately address concrete political and legal questions with...

While historical research has noted the importance of the family in criminal justice, recent empirical work has tended to neglect the emphasis placed on the family in the criminal process. Drawing on Daly s work on familial justice, this paper investigates the role of the family in the...

Common law systems, in criminal cases, distinguish between the guilt/innocence proceedings and the sentencing stage. This is not the case in civil law systems where criminal trial consists of a single phase, combining the inquiry into guilt with sentencing. Under common law practice many facts...