Douglas A. Berman

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A growing literature suggests that a criminal justice system derives practical value by generating societal perceptions of fair enforcement and adjudication. 1 Specifically, perceptions of procedural fairness-resulting in perceptions of the system's "legitimacy," as the term is used-may promote systemic compliance with substantive law, cooperation with(More)
The Supreme Court’s decision in Blakely v. Washington has generated impassioned judicial and academic criticisms, perhaps because the “earthquake” ruling seems to announce a destructive rule in search of a sound principle. Read broadly, the jury trial rule articulated in Blakely might be thought to cast constitutional doubt on any and all judicial(More)
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