Criminal restitution is a standard part of sentencing. As criminal restitution obligations have become more common, the contours of what constitutes “restitution” have expanded. A consequence of the rise in the number of restitution orders, ...

In recent years, scholars and advocates have drawn attention to the problematic use of fines and fees to keep those convicted of crimes enmeshed in the criminal legal system. A visible thread connects the imposition ...

Equitable remedies have begun to play a critical role in addressing some of the systemic issues in criminal cases. Invoked when other solutions are inadequate to the fair and just resolution of the case, equitable ...

Recent scholarship has begun to take note of a resurgence of equity in civil cases. Due to a long-accepted premise that equity does not apply in criminal cases, no one has examined whether this quiet ...

States prosecute and incarcerate thousands of fathers every year for failing to pay their child support obligations. Ostensibly, these prosecutions aim to foster the health and well-being of children, without requiring the child’s mother to ...

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee’s 2014 assault statute ...

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution’s traditional aim of disgorging a defendant’s ill-gotten gains. Instead, courts use this monetary award not only to compensate ...

A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have ...

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for ...

Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article ...

This coursebook employs a state-of-the-art approach to the problem method of teaching Evidence. The beginning of the text sets out two case files, one civil and one criminal. All of the problems in the text ...

This vintage rape case concerns an Alabama court’s determination that the jury may consider “social conditions and customs founded upon racial differences, such that the prosecutrix was a white woman and the defendant was a ...