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Articles 1 - 10 of 10
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Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams
Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams
Indiana Law Journal
In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards
Indiana Law Journal
This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive …
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Indiana Law Journal
There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …
Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan
Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan
Indiana Law Journal
No abstract provided.
On Law And Justice, By Alf Ross, Samuel I. Shuman
On Law And Justice, By Alf Ross, Samuel I. Shuman
Indiana Law Journal
No abstract provided.
Origins Of Crime: A New Evaluation Of The Cambridge Somerville Youth Study, By William Mccord, Joan Mccord, And Irving Kenneth Zola, Alfred R. Lindesmith
Origins Of Crime: A New Evaluation Of The Cambridge Somerville Youth Study, By William Mccord, Joan Mccord, And Irving Kenneth Zola, Alfred R. Lindesmith
Indiana Law Journal
No abstract provided.
Police And Law In A Democratic Society, Jerome Hall
Police And Law In A Democratic Society, Jerome Hall
Indiana Law Journal
This paper consists of three public lectures delivered at the University of Chicago Law School on July 15, 22, and 23, 1952, as part of a conference on Police and Racial Tensions.
Case Work With The Adult Offender, By David Dressier
Case Work With The Adult Offender, By David Dressier
Indiana Law Journal
No abstract provided.
Criminal Justice In America, Roscoe Pound, James J. Robinson
Criminal Justice In America, Roscoe Pound, James J. Robinson
Indiana Law Journal
No abstract provided.
Enactments Of The 1927 General Assembly For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson
Enactments Of The 1927 General Assembly For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson
Indiana Law Journal
No abstract provided.