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Articles 1 - 12 of 12
Full-Text Articles in Law
Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps
Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps
Vanderbilt Law Review
At least since the M'Naghten case of the 1840s,' Anglo- American criminal law has concerned itself closely, famously, and contentiously with the psychology of the accused. Another significant body of scholarship addresses the psychology of juries, and other valuable research has approached some of the rules of criminal evidence from the perspective of social and cognitive psychology. There has, however, yet to be a general investigation of what social cognition research might teach us about the criminal law's pervasive concern with blameworthiness.
This Article undertakes that investigation. It brings research on the psychology of social cognition to bear on the …
To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley
To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley
Scholarly Publications
No abstract provided.
Foreword: The Political Geography Of Race Data In The Criminal Justice System, Andrew E. Taslitz
Foreword: The Political Geography Of Race Data In The Criminal Justice System, Andrew E. Taslitz
Law and Contemporary Problems
Several months ago, there was a heated discussion on CrimProf, the listserv for criminal law professors, about the disproportionate representation of minorities in the criminal justice system. Few participants in this online discussion contested the reality that racial and ethnic minorities, especially African Americans, make up a far larger percentage of those arrested and incarcerated than should be expected from their percentage of the country's total population.
The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris
The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris
Law and Contemporary Problems
Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing behavior of judges. What is new is the use of statistics designed to persuade the public, and not just other academics and researchers, that grave racial disparities exist in the system, and that these disparities necessitate significant policy changes.
Drug Wars In Black And White, Joseph E. Kennedy
Drug Wars In Black And White, Joseph E. Kennedy
Law and Contemporary Problems
The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.
Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies
Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies
Law and Contemporary Problems
Oregon, Washington and Utah have recently taken empirical steps to assess the extent to which minorities are overrepresented in their respective criminal justice systems and to seek out the root causes of any overrepresentation observed. Davies contrasts and critiques the disparate analytical approaches utilized by these states and offers some thoughts about how people might improve the chances of success of future similar efforts.
First Nations And States: Contesting Polities, David E. Wilkins
First Nations And States: Contesting Polities, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The U.S. Supreme Court in an historic case in 1886, U.S. v. Kagama, which devastated tribal sovereignty by affirming the legality of the 1885 Major Crimes Act that problematically extended federal criminal jurisdiction over "all" Indians for seven major crimes—murder, manslaughter, rape, etc., (today that number has increased to 14 crimes)—more accurately declared in that same case that state governments could be characterized as the "deadliest enemies" of indigenous nations.
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Retribution: The Central Aim Of Punishment, Gerard V. Bradley
Retribution: The Central Aim Of Punishment, Gerard V. Bradley
Journal Articles
When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …
Barriers To Reliable Credibility Assessments: Domestic Violence Victim-Witnesses, Laurie S. Kohn
Barriers To Reliable Credibility Assessments: Domestic Violence Victim-Witnesses, Laurie S. Kohn
GW Law Faculty Publications & Other Works
This Article examines the challenges for victims of domestic violence appearing in court when the victim presents differently than the paradigmatic domestic violence victim. In particular, this Article analyzes the strategic dilemma of presenting a victim who refuses to admit (or cannot access or does not experience) fear of the batterer, and the victim who feels anger towards her assailant.
This Article addresses possible policy and tactical responses to this challenge. Suggesting legislative changes that eliminate requirements that victims prove subjective fear of a battering partner, the Article further analyzes the use of expert witnesses to assist jurors and judges …
Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward
Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward
Fordham Urban Law Journal
This Essay attempts to pull together the various threads of thought regarding the relationships between gender, race, and class within the justice system, and suggests possible patterns that could be used to create holistic images of female offenders. Part I provides a brief overview of the various explanations used over time to account for criminal behavior by women. Part II details the ways in which gender can affect the processes of the criminal justice system. Part III discusses the impact that race can have on the female offender's experience in the system. Part IV briefly overviews the types of influences …