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Articles 1 - 13 of 13
Full-Text Articles in Law
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Kenneth W. Simons
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Kenneth W. Simons
Owen Jones
A central tenet of Anglo-American penal law is that in order for an actor to be found criminally liable, a proscribed act must be accompanied by a guilty mind. While it is easy to understand the importance of this principle in theory, in practice it requires jurors and judges to decide what a person was thinking months or years earlier at the time of the alleged offense, either about the results of his conduct or about some elemental fact (such as whether the briefcase he is carrying contains drugs). Despite the central importance of this task in the administration of …
Economics, Behavioral Biology, And Law, Owen D. Jones, Erin O'Hara O'Connor, Jeffrey Evans Stake
Economics, Behavioral Biology, And Law, Owen D. Jones, Erin O'Hara O'Connor, Jeffrey Evans Stake
Owen Jones
The article first compares economics and behavioral biology, examining the assumptions, core concepts, methodological tenets, and emphases of the two fields. Building on this, the article then compares the applied interdisciplinary fields of law and economics, on one hand, with law and behavioral biology, on the other - highlighting not only the most important similarities, but also the most important differences.
The article subsequently explores ways that biological perspectives on human behavior may prove useful, by improving economic models and the behavioral insights they generate. The article concludes that although there are important differences between the two fields, the overlaps …
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Teresa A. Miller
Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …
Kids, Groups And Crime: Some Implications Of A Well-Known Secret, Franklin E. Zimring
Kids, Groups And Crime: Some Implications Of A Well-Known Secret, Franklin E. Zimring
Franklin E. Zimring
No abstract provided.
Declining Homicide In New York City: A Tale Of Two Trends, Jeffrey Fagan, Franklin E. Zimring, June Kim
Declining Homicide In New York City: A Tale Of Two Trends, Jeffrey Fagan, Franklin E. Zimring, June Kim
Franklin E. Zimring
Part of a special issue on why crime is decreasing. The writers discuss the extent and causes of the decline in life threatening violence in New York City over a five-year period. In its relative and absolute magnitude, the falls in homicide in New York after 1992 were by far the biggest in the city's postwar history. The patterns for homicide during the decline differ in terms of location, weapon, and demography. The patterns show that there are two separate trends in nongun and gun homicides. The decline in gun homicides could probably be attributed to police intervention, but the …
Lgbt Identity And Crime, Jordan Woods
Lgbt Identity And Crime, Jordan Woods
Jordan Blair Woods
New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.
New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.
Donna M. Hughes
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Katharine K. Baker
On The Comparative Study Of Corruption, Franklin E. Zimring, David T. Johnson
On The Comparative Study Of Corruption, Franklin E. Zimring, David T. Johnson
Franklin E. Zimring
No abstract provided.
Response To Commentators, Michelle Dempsey
Response To Commentators, Michelle Dempsey
Michelle Madden Dempsey
This short essay responds to commentators who generously contributed to Criminal Law & Philosophy’s symposium on my book, PROSECUTING DOMESTIC VIOLENCE (Oxford University Press 2009)
Decriminalizing Victims Of Sex Trafficking, Michelle Madden Dempsey
Decriminalizing Victims Of Sex Trafficking, Michelle Madden Dempsey
Michelle Madden Dempsey
Despite the United States’ commitment to decriminalizing victims of sex trafficking and the obvious injustice of subjecting these victims to criminal penalties, the majority of jurisdictions throughout the U.S. continue to treat sex trafficking victims as criminals. This paper argues that the criminal law must abandon this practice. Part one presents a brief account of definitional and conceptual debates regarding what counts as sex trafficking. Part two explains why we must decriminalize victims of sex trafficking. Part three outlines four methods of decriminalizing sex trafficking victims, and defends what has come to be known as the “Nordic model” as the …
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Lawrence Rosenthal
Perhaps no decision of the United States Supreme Court concerning the Fourth Amendment’s prohibition on “unreasonable search and seizure” has come in for more criticism than Terry v. Ohio, in which the Supreme Court concluded that even absent probable cause to arrest, a brief detention and protective search of an individual comports with the Fourth Amendment “where a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous . . .” Terry is frequently denounced as granting the …
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
Deborah M. Weissman
The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …