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Articles 1 - 30 of 176
Full-Text Articles in Criminal Law
Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi
Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi
Christopher Salvatore
Siting of drug and alcohol treatment facilities is often met with negative reactions because of the assumption that these facilities increase crime by attracting drug users (and possibly dealers) to an area. This assumption, however, rests on weak empirical footings that have not been subjected to strong empirical analyses. Using census block groups from Philadelphia, PA, it was found that the criminogenic impact of treatment facilities in and near a neighborhood on its violent and property crime rates may be contingent on the socioeconomic status (SES) of the neighborhood. Paying attention to both the density and proximity of facilities in …
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh
Christopher Salvatore
The study of offender trajectories has been a prolific area of criminological research. However, few studies have incorporated the influence of emerging adulthood, a recently identified stage of the life course, on offending trajectories. The present study addressed this shortcoming by introducing the "prolonged adolescent" offender, a low-level offender between the ages of 18 and 25 that has failed to successfully transition into adult social roles. A theoretical background based on prior research in life-course criminology and emerging adulthood is presented. Using data from the National Longitudinal Study of Adolescent Health analyses examined the relationship between indicators of traditional turning …
The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
Adam M. Gershowitz
In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?
This essay, in honor of Professor Bennett Gershman, points to …
72. Identifying Liars Through Automatic Decoding Of Children’S Facial Expressions., Kaila C. Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee
72. Identifying Liars Through Automatic Decoding Of Children’S Facial Expressions., Kaila C. Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee
Thomas D. Lyon
The Progress Of Passion, Kathryn Abrams
The Progress Of Passion, Kathryn Abrams
Kathryn Abrams
Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …
70. Children’S Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning., Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon
70. Children’S Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning., Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
69. The Role Of Kinship And Siblings In Young Children’S Placement Preferences., Kelli Dickerson, Thomas D. Lyon, Jodi A. Quas
69. The Role Of Kinship And Siblings In Young Children’S Placement Preferences., Kelli Dickerson, Thomas D. Lyon, Jodi A. Quas
Thomas D. Lyon
68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon
68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon
Thomas D. Lyon
68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon
68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon
Thomas D. Lyon
Sorting Guilty Minds, Owen D. Jones, Francis X. Shen, Morris B. Hoffman, Joshua D. Greene, Rene Marois
Sorting Guilty Minds, Owen D. Jones, Francis X. Shen, Morris B. Hoffman, Joshua D. Greene, Rene Marois
Owen Jones
Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort that mental state into one of four specific categories - purposeful, knowing, reckless, or negligent - which in turn defines the nature of the crime and the extent of the punishment. The MPC therefore assumes that ordinary people naturally sort mental states into these four categories with a high degree of accuracy, or at least can reliably do so when properly instructed. It also assumes that ordinary …
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 …
The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman
The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman
Cary Federman
The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …
Organizations As Evil Structures, Cary Federman, Dave Holmes
Organizations As Evil Structures, Cary Federman, Dave Holmes
Cary Federman
Nursing practice in forensic psychiatry opens new horizons in nursing. This complex, professional, nursing practice involves the coupling of two contradictory socioprofessional mandates: to punish and to provide care. The purpose of this chapter is to present nursing practice in a disciplinary setting as a problem of governance. A Foucauldian perspective allows us to understand the way forensic psychiatric nursing is involved in the governance of mentally ill criminals through a vast array of power techniques (sovereign, disciplinary, and pastoral), which posit nurses as “subjects of power.” These nurses are also “objects of power” in that nursing practice is constrained …
Habeas Corpus In The Age Of Guantánamo, Cary Federman
Habeas Corpus In The Age Of Guantánamo, Cary Federman
Cary Federman
The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …
The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin
The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin
Gabriel Rubin
Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives …
67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon
67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon
Thomas D. Lyon
66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans
66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans
Thomas D. Lyon
64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon
64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon
Thomas D. Lyon
63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
James W. Ellis
No abstract provided.
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
John H. Blume
This Article examines the implications of emerging neuroscientific findings regarding empathy for capital trials. We have approached this task with caution because neuroscientists’ understanding of the human brain is still evolving. As with any new field, if neuroscience is completely trusted before it is thoroughly tested, there is a risk of embracing the new phrenology. Given the state of the research, our advice to defense lawyers is quite modest, but we believe that there are some important lessons for lawyers, judges, legislators, and other stakeholders in the capital punishment system.
19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams
19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams
Thomas D. Lyon
61. The Relation Between Young Children’S False Statements And Response Latency, Executive Functioning, And Truth–Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon
61. The Relation Between Young Children’S False Statements And Response Latency, Executive Functioning, And Truth–Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon
Thomas D. Lyon
60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon
60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Donna M. Hughes
58. The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Non-Maltreated Children’S Reports Of A Minor Transgression., Elizabeth C. Ahern, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
58. The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Non-Maltreated Children’S Reports Of A Minor Transgression., Elizabeth C. Ahern, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
18. When Interviewing Children: A Review And Update., Karen J. Saywitz, Thomas D. Lyon, Gail S. Goodman