Race and gender pose empirical and policy problems that are both similar and different for the U.S. criminal justice system. They are similar in that blacks and women occupy subordinate social and economic positions in American life, and their interests are less likely to be represented in the justice system than are those of white men. They are different in that blacks are overrepresented in a...

When making these "rarest of rare" decisions, judges often substitute their own personal preferences for established legal standards. That's why it's important to establish uniform rules determining whether a situation qualifies as very unusual. The decision carry out the death punishment must be made with all necessary diligence and sober reflection; it should not hastily. Therefore, accused h...

The sentencing of young people convicted of sexual violence presents a dilemma: how to reconcile the seriousness of the offence and the youthfulness of the offender? And how to censure these offences and stress their seriousness without imposing penalties that are too harsh? The literature suggests that adult sex offenders, especially those who abuse children, are dealt with in an increasingly ...