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Full-Text Articles in Law

Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards Apr 2017

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 Apr 2016

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 ...


The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover Jan 2016

The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Indiana Law Journal

The Supreme Court’s inquiry into the constitutionality of the death penalty has over-looked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and dis-torts its Eighth Amendment analysis.

This Article presents ...


Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan Jul 2002

Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan

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 Apr 1960

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.


On Law And Justice, By Alf Ross, Samuel I. Shuman Apr 1960

On Law And Justice, By Alf Ross, Samuel I. Shuman

Indiana Law Journal

No abstract provided.


Police And Law In A Democratic Society, Jerome Hall Jan 1953

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 Jul 1943

Case Work With The Adult Offender, By David Dressier

Indiana Law Journal

No abstract provided.


Criminal Justice In America, Roscoe Pound, James J. Robinson May 1931

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 Apr 1927

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.