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Articles 31 - 60 of 94

Full-Text Articles in Law

Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson Jan 1993

Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow Jan 1991

Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.


Book Review. Law's Patriarchy, Lynne N. Henderson Jan 1991

Book Review. Law's Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan Jan 1989

Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan

Articles by Maurer Faculty

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a ...


Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy Jan 1989

Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy

Articles by Maurer Faculty

No abstract provided.


Metaphor And Imagination In James Wilson's Theory Of Federal Union, Stephen A. Conrad Jan 1988

Metaphor And Imagination In James Wilson's Theory Of Federal Union, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


Legality And Empathy, Lynne N. Henderson Jan 1987

Legality And Empathy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude Jan 1986

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan Jan 1983

Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan

Articles by Maurer Faculty

Combining elements of “response as outcome” studies and “response as process” studies overcomes deficiencies resulting from methodological bifurcation, improves our understanding of court outcomes, and leads to theoretical transformation. Using observational and in-depth interview data to inform hypotheses and to create contextual variables, we develop and test models of the pretrial release decision for federal defendants. These models suggest that the emphasis in outcome research on defendants' ascribed status characteristics has been exaggerated. It is asserted that too little attention has been devoted to processual factors, including labeling, and to jurisdictional and organizational factors determining court outcomes.


The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel Jan 1983

The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel

Articles by Maurer Faculty

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their ...


White-Collar Crime, White-Collar Time: The Sentencing Of White-Collar Offenders In The Southern District Of New York, Ilene H. Nagel, John L. Hagan Jan 1982

White-Collar Crime, White-Collar Time: The Sentencing Of White-Collar Offenders In The Southern District Of New York, Ilene H. Nagel, John L. Hagan

Articles by Maurer Faculty

In this Article, Professors Hagan and Nagel report upon their study of sentencing patterns in white-collar cases tried in the Southern District of New York between 1963 and 1976. Using multiple regression analysis, the authors first demonstrate a strong correlation between lenient sentencing practices and white-collar offenses. The authors then focus their study upon various white-collar crimes, using multiple regression analysis to reveal that considerable variation exists between sentencing patterns for the different white-collar offenses and for the different types of defendants sentenced in the Southern District during the period under study.


The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan Jan 1982

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Articles by Maurer Faculty

No abstract provided.


The Differential Sentencing Of White-Collar Offenders In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan, Celesta Albonetti Jan 1980

The Differential Sentencing Of White-Collar Offenders In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan, Celesta Albonetti

Articles by Maurer Faculty

While sociologist have long debated the relationship between the status characteristics of criminal offenders and the sentences they receive, they have done so with data sets drawn from state courts whose prosecutorial resources are focused almost entirely on low status defendants. Qualitative and quantitative data analyzed in this paper are drawn from ten federal district courts whose statutes and resources provide greater potential for the prosecution of the white-collar crimes of higher status offenders. Three questions are addressed: (1) Are there substantial jurisdictional differences in the prosecution of white-collar cases? if so, (2) Are there corresponding jurisdictional differences in the ...


The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan Jan 1979

The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

This paper explores the use of different types of sentence bargaining tactics in ten federal district courts. We distinguish between proactive and reactive prosecutorial orientation, and hypothesize that proactive prosecution of upperworld crime is associated with more explicit sentence bargaining than is the reactive prosecution of underworld crime. We present evidence for and explanations of this relationship.


Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude Jan 1978

Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz Jan 1977

Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz

Articles by Maurer Faculty

The interactionist perspective emphasizes the imperfect correspondence between alleged deviance and societal reactions. Moreover, it is asserted that values of reactors, statuses of the alleged deviant, and bureaucratic constraints of deviance processing organizations help explain some of that imperfection. Focusing on one intermediary deviance processing stage, i.e., plea bargaining, we explore the degree to which our data are consonant with interactionist assumptions. For a sample of 1,435 male and female criminal defendants, we find the favorability of the charge reduction outcome is partly explained by values of reactors, statuses of the defendant, and bureaucratic constraints of the court ...


The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher Jan 1975

The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher

Articles by Maurer Faculty

No abstract provided.


Women Executives, Managers And Professionals In The Indiana Criminal Justice System, Julia C. Lamber, Victor L. Streib Jan 1974

Women Executives, Managers And Professionals In The Indiana Criminal Justice System, Julia C. Lamber, Victor L. Streib

Articles by Maurer Faculty

No abstract provided.


Perennial Problems Of Criminal Law, Jerome Hall Jan 1973

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst Jan 1972

Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe Jan 1972

Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe

Articles by Maurer Faculty

No abstract provided.


Justice In The 20th Century, Jerome Hall Jan 1971

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Prisoner's Dilemma And Mutual Trust: Comment, Robert L. Birmingam Jan 1969

The Prisoner's Dilemma And Mutual Trust: Comment, Robert L. Birmingam

Articles by Maurer Faculty

No abstract provided.


Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin Jan 1965

Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall Jan 1963

Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The M'Naghten Rules And Proposed Alternatives, Jerome Hall Jan 1963

The M'Naghten Rules And Proposed Alternatives, Jerome Hall

Articles by Maurer Faculty

Responding to overt and implied criticism of the M'Naghten Rules for determining legal insanity to excuse criminal responsibility, Mr. Hall proposes a national seminar or study by judges of the diverse and perplexing problems they must face in deciding issues in this field. He thinks that M'Naghten needs repair rather than replacement and that a rough consensus might be attainable.


Prematurity And Obiter Dictum In Indian Judicial Thought, William D. Popkin Jan 1962

Prematurity And Obiter Dictum In Indian Judicial Thought, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


The Scientific And Humane Study Of Criminal Law, Jerome Hall Jan 1962

The Scientific And Humane Study Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Star Wormwood By Curtis Bok, Paul D. Carrington Jan 1960

Book Review. Star Wormwood By Curtis Bok, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.


The Moral Quality Of The Criminal Law, Paul D. Carrington Jan 1959

The Moral Quality Of The Criminal Law, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.