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Articles 31 - 60 of 6417
Full-Text Articles in Entire DC Network
Sentencing And Interbranch Dialogue, Eric S. Fish
Sentencing And Interbranch Dialogue, Eric S. Fish
Journal of Criminal Law and Criminology
American legislatures generally delegate primary control over sentencing policy to one of two actors: trial judges or a sentencing commission. In choosing between these actors, a legislature decides between two values: individualization or uniformity. If it empowers trial judges, sentences will be individually tailored to each defendant, but there will be unjust disparities because different judges have different sentencing practices. If it empowers a sentencing commission, sentences will be uniform across cases, but they will not be tailored to each defendant. This Article proposes a different architecture for American sentencing systems, one that relies on interbranch dialogue to transcend this …
Investigating The Programmatic Attack: A National Survey Of Veterans Treatment Courts, Julie Marie Baldwin
Investigating The Programmatic Attack: A National Survey Of Veterans Treatment Courts, Julie Marie Baldwin
Journal of Criminal Law and Criminology
Veterans treatment courts (VTCs), a recent emergence from the specialized court movement, target the population of veterans in contact with the criminal justice system. Due to the contemporary nature of their dissemination, published empirical research on VTCs is only beginning to materialize. Additionally, national surveys of specialized courts are rare and typically occur decades after the courts emerge. This Article presents descriptive results regarding the establishment, policy, structure, and procedures of VTCs using data from the first national survey of these courts, conducted in the early stages of their emergence. A national compendium of VTCs (N = 114) was created. …
Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel
Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel
Journal of Criminal Law and Criminology
No abstract provided.
An Ideological Odyssey: Evolution Of A Reformer, Rob Warden
An Ideological Odyssey: Evolution Of A Reformer, Rob Warden
Journal of Criminal Law and Criminology
No abstract provided.
Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus
Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus
Journal of Criminal Law and Criminology
This paper reviews sources of distortion in memory for sexual encounters, particularly those between intoxicated participants. We review factors leading to initial misinterpretations of sexual consent including the indirect nature of sexual consent communications, misleading cultural sexual scripts, misinterpretation of passivity, and others. In this context, we consider the way in which alcohol can both contribute to initial misunderstanding and promote specific distortions in memory over time. Finally, we discuss additional influences on memory, including motivations related to self-esteem, self-concept maintenance, or litigation, and the effects of social influence from sources such as friends, forensic interviewers or therapists.
The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie
The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie
Journal of Criminal Law and Criminology
This article addresses a prosecutor’s development of new and bizarre theories, particularly in cases involving confession evidence, to explain away exculpatory DNA results. In Juan Rivera’s case, the prosecutor’s theory for why sperm found inside the 11-year-old victim on the day she was murdered did not belong to Rivera was that she had sex with someone before Rivera came along and raped (but did not ejaculate) and murdered her. The unnamed-lover theory is used so often by prosecutors that it has a moniker: “the unindicted co-ejaculator.” In the case of the Dixmoor Five, teenagers convicted of the rape and murder …
Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal
Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal
Journal of Criminal Law and Criminology
Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …
Examining The Sources Of Correctional Officer Legitimacy, Benjamin Steiner, John Wooldredge
Examining The Sources Of Correctional Officer Legitimacy, Benjamin Steiner, John Wooldredge
Journal of Criminal Law and Criminology
Correctional officer legitimacy has been linked to prison safety and order, and it may also be relevant for inmate well-being and facilitating behavioral change. Yet few studies have examined the sources of correctional officer legitimacy. Findings from analyses of survey data collected from over 5,500 inmates housed throughout forty-six facilities in Ohio and Kentucky revealed that inmates’ perceptions of the treatment they received during their most recent encounters with correctional officers (procedural justice) impacted the strength of their beliefs regarding the legitimacy of those officers. The analyses also revealed that background factors such as inmates’ age and race were relevant …
Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver
Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver
Journal of Criminal Law and Criminology
Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …
An Empirical Assessment Of Corporate Environmental Crime-Control Strategies, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen, Michael Vandenbergh
An Empirical Assessment Of Corporate Environmental Crime-Control Strategies, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen, Michael Vandenbergh
Journal of Criminal Law and Criminology
Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and-control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in a …
A Century Of Criminal Law And Criminology, Amy Deline
A Century Of Criminal Law And Criminology, Amy Deline
Journal of Criminal Law and Criminology
No abstract provided.
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Journal of Criminal Law and Criminology
No abstract provided.
Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig
Journal of Criminal Law and Criminology
No abstract provided.
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
Offending Women: A Double Entendre, Joanne Belknap
Offending Women: A Double Entendre, Joanne Belknap
Journal of Criminal Law and Criminology
No abstract provided.
Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey
Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey
Journal of Criminal Law and Criminology
No abstract provided.
Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez
Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez
Journal of Criminal Law and Criminology
No abstract provided.
The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone
Journal of Criminal Law and Criminology
No abstract provided.
Learning From Error In American Criminal Justice, James M. Doyle
Learning From Error In American Criminal Justice, James M. Doyle
Journal of Criminal Law and Criminology
No abstract provided.
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Journal of Criminal Law and Criminology
No abstract provided.
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
Journal of Criminal Law and Criminology
No abstract provided.
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Journal of Criminal Law and Criminology
No abstract provided.
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Journal of Criminal Law and Criminology
No abstract provided.
Opening Remarks, Ronald J. Allen
Opening Remarks, Ronald J. Allen
Journal of Criminal Law and Criminology
No abstract provided.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
Journal of Criminal Law and Criminology
No abstract provided.
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo
Journal of Criminal Law and Criminology
No abstract provided.
One Hundred Years Of Race And Crime, Paul Butler
One Hundred Years Of Race And Crime, Paul Butler
Journal of Criminal Law and Criminology
No abstract provided.
The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies
The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies
Journal of Criminal Law and Criminology
No abstract provided.
Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko
Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko
Journal of Criminal Law and Criminology
No abstract provided.
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Journal of Criminal Law and Criminology
No abstract provided.