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- Journal of Criminal Law and Criminology (34)
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Articles 1 - 30 of 60
Full-Text Articles in Criminal Law
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman
Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman
Law & Economics Working Papers Archive: 2003-2009
This Article focuses on the question, how should policymakers aiming to minimize the cost of sanctioning utilize legal and nonlegal sanctions when designing a system of criminal sanctions. After presenting the general economic case for the use of nonlegal sanctions the article turns to present a model of shaming, which unlike existing models, incorporates the endogenous effects of legal and nonlegal sanctions. This model demonstrates that tailoring an efficient regime that combines legal and nonlegal sanctions might be more difficult than previously perceived by law and economics scholars. A specific case study presented in this article is of the current …
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
Thomas D. Lyon
Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson
Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson
All Faculty Scholarship
Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal …
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
All Faculty Scholarship
Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …
Pleas' Progress, Stephanos Bibas
Toward A New Theory Of Notice And Deterrence, Dru Stevenson
Toward A New Theory Of Notice And Deterrence, Dru Stevenson
ExpressO
This article sets forth a new model of “notice” and deterrence that helps explain some long-standing contradictions in the literature on deterrence. Nearly all the work in the area of criminal law and deterrence has included an assumption that would-be offenders know the laws and the threatened sanctions, and therefore adjust their behavior in light of these disincentives. The fact that most people seem to be ignorant of the exact boundaries of the rules, and ignorant of the sanctions, presents an enormous conceptual problem for the classic model of deterrence. This new model presents an alternative mechanism for deterrence based …
Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower
Brigham Young University Journal of Public Law
No abstract provided.
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Brigham Young University Journal of Public Law
No abstract provided.
Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson
Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson
ExpressO
Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Scholarly Works
Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …
Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes
Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes
Journal of Criminal Law and Criminology
No abstract provided.
The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu
Journal of Criminal Law and Criminology
No abstract provided.
The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan
The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra
Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra
Journal of Criminal Law and Criminology
No abstract provided.
No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon
No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon
Journal of Criminal Law and Criminology
No abstract provided.
Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield
Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner
The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner
Scholarship@WashULaw
This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of “criminality” within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element, spoken of in many circles as “oppositional culture” constitutes a bold and calculated rejection of destructive mainstream values that have perpetuated social inequalities and power imbalances. African American resistance culture is captured by novelist John Edgar Wideman in his account of his brother ’s criminal lifestyle and the …
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson
Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt
Journal of Criminal Law and Criminology
No abstract provided.
Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff
Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff
Journal of Criminal Law and Criminology
No abstract provided.
Lockyer V. Andrade: California Three Strikes Law Survives Challenge Based On Federal Law That Is Anything But Clearly Established, Doyle Horn
Journal of Criminal Law and Criminology
No abstract provided.
Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen
Journal of Criminal Law and Criminology
No abstract provided.
Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson
Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson
Journal of Criminal Law and Criminology
No abstract provided.