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Series

SSRN

Columbia Law School

2007

Criminal Law

Articles 1 - 5 of 5

Full-Text Articles in Law

Decisions About Coercion: The Corporate Attorney-Client Privilege Waiver Problem, Daniel C. Richman Jan 2007

Decisions About Coercion: The Corporate Attorney-Client Privilege Waiver Problem, Daniel C. Richman

Faculty Scholarship

This symposium essay explores the contestable empirical and normative assumptions that underlie criticisms of the Justice Department's policies with respect to the waiver of corporate attorney-client and work-product privileges. And it considers how authority with respect to prosecutorial decisionmaking in this area ought to be allocated.


Adolescence And The Regulation Of Youth Crime, Elizabeth S. Scott Jan 2007

Adolescence And The Regulation Of Youth Crime, Elizabeth S. Scott

Faculty Scholarship

Recently, American juvenile justice policy has undergone dramatic changes. In less than a generation, a justice system that viewed most lawbreakers as youngsters whose crimes were the product of immaturity has been transformed into one that often holds young offenders to the same standard of criminal accountability it imposes on adults – and generally pays little attention to differences between adolescents and adults. This essay, based on a forthcoming book by the author and developmental psychologist Laurence Steinberg, argues that scientific knowledge about adolescence and about the role of criminal activity during this developmental period is critically important as a foundation ...


An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt Jan 2007

An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt

Faculty Scholarship

Previous research overwhelmingly shows that incarceration led to lower rates of violent crime during the 1990s, but finds no evidence of an effect prior to 1991. This raises what Steven Levitt calls “a real puzzle.” This study offers the solution to that puzzle: the fatal error with prior research is that it used exclusively rates of imprisonment, rather than a measure that combines institutionalization in both prisons and mental hospitals. Using state-level panel data regressions over the period 1934-2001, and controlling for demographic, economic, and criminal justice variables, this study finds a large, robust, and statistically significant relationship between aggregated ...


Building Criminal Capital Behind Bars: Peer Effects In Juvenile Corrections, Patrick J. Bayer, Randi Hjalmarsson, David Pozen Jan 2007

Building Criminal Capital Behind Bars: Peer Effects In Juvenile Corrections, Patrick J. Bayer, Randi Hjalmarsson, David Pozen

Faculty Scholarship

This paper analyzes the influence that juvenile offenders serving time in the same correctional facility have on each other's subsequent criminal behavior. The analysis is based on data on over 8,000 individuals serving time in 169 juvenile correctional facilities during a two-year period in Florida. These data provide a complete record of past crimes, facility assignments, and arrests and adjudications in the year following release for each individual. To control for the non-random assignment to facilities, we include facility and facility-by-prior offense fixed effects, thereby estimating peer effects using only within-facility variation over time. We find strong evidence ...


A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt Jan 2007

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details ...