Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal law (25)
- Criminal justice (19)
- Criminology (15)
- Book reviews (10)
- Legal publishing (10)
-
- Legal theory (7)
- Sentencing guidelines (7)
- Punishment (5)
- Sentencing reform (5)
- Capital punishment (4)
- Criminal sentencing (4)
- Incarceration (4)
- Juvenile delinquency (4)
- Criminal defendants (3)
- Criminal procedure (3)
- Imprisonment (3)
- Jurisprudence (3)
- Juvenile justice (3)
- Legal philosophy (3)
- Mental health (3)
- Morality and law (3)
- Natural law (3)
- Prison reform (3)
- Sentencing (3)
- White-collar crime (3)
- Access to justice (2)
- Constitutional rights (2)
- Crime (2)
- Criminal classification studies (2)
- Criminal justice system (2)
Articles 31 - 60 of 98
Full-Text Articles in Law
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
The Executioners Sing, Joseph L. Hoffmann
The Executioners Sing, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown
The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson
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
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
Book Review. Law's Patriarchy, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy
Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy
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
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 …
Metaphor And Imagination In James Wilson's Theory Of Federal Union, Stephen A. Conrad
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
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
Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall
Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel
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 impact, …
Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan
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 Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
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.
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
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 Differential Sentencing Of White-Collar Offenders In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan, Celesta Albonetti
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
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
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
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. Thus, our …
The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher
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
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
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
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
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
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
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
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
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
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.