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Criminal Law Commons

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Full-Text Articles in Criminal Law

4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon Aug 2001

4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon

Thomas D. Lyon

I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued that the …


Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor Jul 2001

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.


Terrorism And Remorse: Psychology And The Death Penalty, Ibpp Editor Jul 2001

Terrorism And Remorse: Psychology And The Death Penalty, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on the forensic psychological task to develop information bearing on penalties for convicted terrorists.


The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith Jun 2001

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith

All Faculty Scholarship

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states …


Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor Jun 2001

Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor

International Bulletin of Political Psychology

The IBPP editor discusses the logic/rationale behind the idea that convicted terrorists facing the death penalty should neither convicted nor face said penalty given that the soldiers are (or consider themselves to be) soldiers in a war.


Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor Mar 2001

Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the nuances surrounding the use of the death penalty in terrorism cases.


Punishing Dangerousness: Cloaking Preventive Detention As Criminal Justice, Paul H. Robinson Mar 2001

Punishing Dangerousness: Cloaking Preventive Detention As Criminal Justice, Paul H. Robinson

All Faculty Scholarship

Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator" statutes provide …


Opaque Recklessness, Kimberly Kessler Ferzan Jan 2001

Opaque Recklessness, Kimberly Kessler Ferzan

Journal of Criminal Law and Criminology

No abstract provided.


Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran Jan 2001

Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran

Journal of Criminal Law and Criminology

No abstract provided.


The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson Jan 2001

The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.


Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber Jan 2001

Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.


Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller Jan 2001

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Journal Articles

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …


Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz Jan 2001

Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz

Journal of Criminal Law and Criminology

No abstract provided.


The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan Jan 2001

The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan

Journal of Criminal Law and Criminology

No abstract provided.


It's An Ex Post Fact: Supreme Court Misapplies The Ex Post Facto Clause To Criminal Procedure Statutes, Danielle Kitson Jan 2001

It's An Ex Post Fact: Supreme Court Misapplies The Ex Post Facto Clause To Criminal Procedure Statutes, Danielle Kitson

Journal of Criminal Law and Criminology

No abstract provided.


Does Immunity Granted Really Equal Immunity Received, Ryan Mclennan Jan 2001

Does Immunity Granted Really Equal Immunity Received, Ryan Mclennan

Journal of Criminal Law and Criminology

No abstract provided.


Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness Jan 2001

Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2001

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld Jan 2001

The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.


Drug Court Model As A Response To Broken Windows Criminal Justice For The Homeless Mentally Ill, Jennifer Hodulik Jan 2001

Drug Court Model As A Response To Broken Windows Criminal Justice For The Homeless Mentally Ill, Jennifer Hodulik

Journal of Criminal Law and Criminology

No abstract provided.


Anti-Prostitution Zones: Justifications For Abolition, Sandra L. Moser Jan 2001

Anti-Prostitution Zones: Justifications For Abolition, Sandra L. Moser

Journal of Criminal Law and Criminology

No abstract provided.


Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff Jan 2001

Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2001

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment Privacy Interests, William C. Heffernan Jan 2001

Fourth Amendment Privacy Interests, William C. Heffernan

Journal of Criminal Law and Criminology

No abstract provided.


Reconstructing Consent, Marcy Strauss Jan 2001

Reconstructing Consent, Marcy Strauss

Journal of Criminal Law and Criminology

No abstract provided.


A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver Jan 2001

A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver

Journal of Criminal Law and Criminology

No abstract provided.


Commonsense Theory Of Deterrence And The Ideology Of Science: The New York State Death Penalty Debate, James M. Galliher, John F. Galliher Jan 2001

Commonsense Theory Of Deterrence And The Ideology Of Science: The New York State Death Penalty Debate, James M. Galliher, John F. Galliher

Journal of Criminal Law and Criminology

No abstract provided.


Fisher Goes On The Quintessential Fishing Expedition And Hubbell Is Off The Hook, H. Richard Uviller Jan 2001

Fisher Goes On The Quintessential Fishing Expedition And Hubbell Is Off The Hook, H. Richard Uviller

Journal of Criminal Law and Criminology

No abstract provided.


One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas Jan 2001

One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2001

Book Review

Journal of Criminal Law and Criminology

No abstract provided.