Preview of 2011-2012 Symposium on Overcriminalization***Live event this January 27th, 2012 from 10:00am – 5:00pm in Lincoln Hall. See below for more details*** In 1967, Sanford Kadish first coined the phrase “overcriminalization,” which he broadly defined as the use of the criminal law to pursue public policy objectives for which it is poorly suited. In the decades since, countless criminal law scholars have criticized laws that criminalize conduct that poses no serious threat to society. Regardless, the tendency to overcriminalize has only grown stronger. Overcriminalization is one of those rare topics where both the political right and political left come together. The primary goal of this symposium is to renew attention to the persistent overcriminalization phenomenon and show support for major changes among both conservative and liberal legal scholars. 10:30 a.m. Opening RemarksJide Okechuku Nzelibe, Professor of Law, Associate Dean for Faculty Affairs, Northwestern University School of Law Ellen S. Podgor, Gary R. Trombley Family White-Collar Crime Research Professor and Professor of Law, Stetson University College of Law 11:00 a.m. Overcriminalization: How did we get here?Moderator: Ellen S. Podgor, Gary R. Trombley Family White-Collar Crime Research Professor and Professor of Law, Stetson University College of Law 2.3 million Americas are currently incarcerated. Another 5 million are on probation or parole. How did this happen? This panel will analyze the overcriminalization phenomenon through a historical lens to determine the factors and events that turned us into one of the world’s top producers of prisoners. Additionally, it will highlight current trends in the law and provide guidance on how to avoid repeating the same mistakes. Overcoming Overcriminalization Reflections on the Atrophying Pardon Power Noon Criminal Law: Out of Its ElementModerator: Ronald J. Allen, John Henry Wigmore Professor of Law, Northwestern University School of Law One explanation for the overcriminalization phenomenon is the improper extension of the criminal law to punish behavior without moral culpability. This panel will highlight specific problem areas where the criminal law has overextended its reach and exacerbated overcriminalization. Punishment Without Culpability Reconsidering the Mistake of Law Defense One Hand Washes the Other: Stretching the Federal Law of Bribery and Honest Services Fraud Overcriminalizing Immigration 2 p.m. Restraining Criminal Law: What Can be Done?Moderator: Joseph Margulies, Assistant Director, MacArthur Justice Center and Clinical Professor of Law, Northwestern Law The overcriminalization problem is not new. Solutions have been researched and attempted on both local and national platforms, yet the problem persists. This panel will analyze our past successes and failures and proposes executive, legislative, and judicial solutions to rein in the criminal law. Prosecutorial Decriminalization State Use of Incarceration and Community Corrections Reversing Decades of Disproportionate Punishment: A New Path to a Safe, Fair, and Rational Criminal Justice System 4 p.m. Key Note Address:Speaker: Edwin Meese, former Attorney General under President Ronald Reagan, Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies, the Heritage Foundation The Journal of Criminal Law and Criminology would like to thank our following sponsors for their generosity: The Heritage Foundation
& The American Civil Liberties Union We extend our special gratitude to Professor Paul Rosenzweig, who provided the idea and spark that made this symposium a reality. Additionally, we would like to thank the following individuals and organizations who provided support for this event and helped make it a success: Ronald J. Allen, Faculty Advisor, Journal of Criminal Law and Criminology Event held at Northwestern University School of Law 375 East Chicago Avenue, Chicago, Illinois 60611. Please contact Zach Dillon, z-dillon2012@nlaw.northwestern.edu for further information |
2009-2010 SYMPOSIUM: VOLUME 100/ISSUE 3/SUMMER 2010 Centennial Symposium: A Century of Criminal Justice Foreword Opening Remarks I. Crimes and Punishments Capital Punishment: A Century of Discontinuous Debate A Short History of American Sentencing: Too Little Law, Too Much Law, or Just Right The Modern Irrationalities of American Criminal Codes: An Empirical Study of Offense Grading How Much Do We Really Know About Criminal Deterrence? II. "Justice" in Action One Hundred Years Later: Wrongful Convictions After a Century of Research Efficiency and Cost: The Impact of Videoconferenced Hearings on Bail Decisions Racial and Ethnic Disparity and Criminal Justice: How Much is Too Much? The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment "Search and Seizure" Doctrine III. The People One Hundred Years of Race and Crime "Offending Women": A Double Entendre Damaged Daughters: The History of Girls' Sexuality and the Juvenile Justice System IV. Freedom in Decline Bill Clinton's Parting Pardon Party The Twilight of the Pardon Power Reflections and Perspectives on Reentry and Collateral Consequences The Scale of Imprisonment in the United States: Twentieth Century Patterns and Twenty-First Century Prospects Dinner Remarks Remarks at the Dinner Celebrating the Centennial of the Journal of Criminal Law and Criminology, January 29, 2010 Preview of the 2010-2011 Symposium
Our symposium this year will focus on preventive confinement, and will include articles addressing the treatment of terror suspects, sex offenders, and mentally ill individuals, as well as addressing the broader constitutional and moral implications of preventive detention. We hope that an examination of preventive confinement across a wide range of legal situations will provide the opportunity for compelling synthesis and stimulating comparison of societal costs and benefits. |
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