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Criminal Law Commons™

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Social and Behavioral Sciences

2005

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Articles 1 - 30 of 68

Full-Text Articles in Criminal Law

9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek Nov 2005

9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

THE POLICY FORUM “THE SCIENCE OF CHILD sexual abuse” by J. J. Freyd et al. (22 Apr., p. 501) provides an extremely important call to action to the scientific community.  In 1999, James Mercy, Senior Scientist at the U.S. Centers for Disease Control and Prevention, noted the importance of viewing child sexual abuse with “new eyes” (1).  The implementation of Freyd et al.’s policy recommendations would help us to do this.  For too long, the fact that the topic makes us uneasy has caused too many of us to avert our eyes. But what if child sexual abuse were a …

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10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon Nov 2005

10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon

Thomas D. Lyon

In a study of the ability to reconstruct the times of past events, 86 children from 4 to 13 years recalled the times of 2 in-class demonstrations that had occurred 3 months earlier and judged the times of hypothetical events. Many of the abilities needed to reconstruct the times of events were present by 6 years, including the capacity to interpret many temporally relevant cues, but there were substantial changes well into middle childhood in the availability of temporally useful episodic information. Children were poor at remembering the events’ proximity or order with respect to a major holiday, but the …

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Detection Avoidance, Chris William Sanchirico Nov 2005

Detection Avoidance, Chris William Sanchirico

ExpressO

In practice, the problem of law enforcement is half a matter of what the government does to catch violators and half a matter of what violators do to avoid getting caught. In the theory of law enforcement, however, although the state’s efforts at "detection" play a decisive role, offenders’ efforts at "detection avoidance" are largely ignored. Always problematic, this imbalance has become critical in recent years as episodes of corporate misconduct spur new interest in punishing process crimes like obstruction of justice and perjury. This article adds detection avoidance to the existing theoretical frame with an eye toward informing the …

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Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay Nov 2005

Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay

Research Collection Yong Pung How School Of Law

This parer introduces notions of contemporary globalisation and the manner in which crime and glotalisation interrelate. In particular, the importance of analysing crime and control at both local and global levels is emphasised. Issues of crime and space are addressed in the context of urbanisation. The tendencies of the city to marginalise, and the consequential criminal outcomes from this environment of modernisation (and the modem city) are discussed. Urban planning has had a crucial part to play in humanising and at the same time distinguishing the global push towards urbanisation, and crime prevention is now a recognised feature of globalised …

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Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

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8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek Oct 2005

8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

Child sexual abuse (CSA) involving sexual contact between an adult (usually male) and a child has been reported by 20% of women and 5 to 10% of men worldwide (1–3). Surveys likely underestimate prevalence because of underreporting and memory failure (4–6). Although official reports have declined somewhat in the United States over the past decade (7), close to 90% of sexual abuse cases are never reported to the authorities (8).

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Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro Aug 2005

7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro

Thomas D. Lyon

Approximately8%of children in the US have disabilities (US Census Bureau, 2002), and these children are more likely to be abused or neglected than their non-disabled peers. The studies that have identified this vulnerability have varied in methodology and sample, and yet the findings have been remarkably consistent. But much work still needs to be done to know the magnitude of the problem, and what professionals can do to help. We are writing to encourage researchers in the child maltreatment field to include children’s disability status in their studies of abuse and neglect. Below is a summary of what …

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Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya Aug 2005

Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya

ExpressO

In Roper v. Simmons, the United States Supreme Court declared the death penalty for juveniles unconstitutional. It relied on three reasons, one of which concerns this article, namely the theory that juveniles are less culpable and deterrable than adults. The Court relied on the American Medical Association’s amicus brief which purported to show scientifically that juveniles had less developed brains than adults. The Court characterized juveniles as being risk-lovers who highly preferred the present over the future, who loved gains no matter how risky but did not care for losses, and who could not engage in proper cost-benefit analysis, because …

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Making Sense Of The Sense Of Justice, Markus Dirk Dubber Jul 2005

Making Sense Of The Sense Of Justice, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.

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The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill Mar 2005

The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill

All Faculty Scholarship

This Article addresses the ongoing-and, indeed, accelerating process of sporadic, piecemeal, and unnecessary legislation leading to increasing inconsistencies and irrationalities in American criminal law. After a wave of modernization in the I960s and 1970s, the past generation has not witnessed further advances, but rather a serious and growing degradation of most criminal codes. This Article offers several insights regarding criminal code degradation. First, it provides specific and concrete examples of degradation and its harmful effects. Second, drawing on their experiences as participants in the recent reform efforts of Illinois and Kentucky, the authors offer an insider's view of how the …

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White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas Feb 2005

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

All Faculty Scholarship

This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.

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Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden Jan 2005

Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

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The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West Jan 2005

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West

Journal of Criminal Law and Criminology

No abstract provided.

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The Myth Of Innocence, Joshua Marquis Jan 2005

The Myth Of Innocence, Joshua Marquis

Journal of Criminal Law and Criminology

No abstract provided.

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Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery Jan 2005

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery

Journal of Criminal Law and Criminology

No abstract provided.

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Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson Jan 2005

Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

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Yarborough V. Alvarado: At The Crossroads Of The Unreasonable Application Provision Of The Antiterrorism And Effective Death Penalty Act Of 1996 And The Consideration Of Juvenile Status In Custodial Determinations, Jennifer Park Jan 2005

Yarborough V. Alvarado: At The Crossroads Of The Unreasonable Application Provision Of The Antiterrorism And Effective Death Penalty Act Of 1996 And The Consideration Of Juvenile Status In Custodial Determinations, Jennifer Park

Journal of Criminal Law and Criminology

No abstract provided.

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Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg Jan 2005

Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg

Journal of Criminal Law and Criminology

No abstract provided.

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All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood Jan 2005

All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood

Journal of Criminal Law and Criminology

No abstract provided.

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Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

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A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell Jan 2005

A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell

Journal of Criminal Law and Criminology

No abstract provided.

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A Tribute To Bard R. Ferrall Jan 2005

A Tribute To Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

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The Cruikshank Redemption: The Enduring Rationale For Excluding The Second Amendment From The Court's Modern Incorporation Doctrine, David A. Lieber Jan 2005

The Cruikshank Redemption: The Enduring Rationale For Excluding The Second Amendment From The Court's Modern Incorporation Doctrine, David A. Lieber

Journal of Criminal Law and Criminology

No abstract provided.

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Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter Jan 2005

Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.

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Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd Jan 2005

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd

Faculty Articles

Recent empirical studies by economists have shown, without exception, that capital punishment deters crime. Using large data sets that combine information from all fifty states over many years, the studies show that, on average, an additional execution deters many murders. The studies have received much publicity, and death penalty advocates often cite them to show that capital punishment is sound policy.

Indeed, deterrence is the central basis that many policymakers and courts cite for capital punishment. For example, President Bush believes that capital punishment deters crime and that deterrence is the only valid reason for capital punishment. Likewise, the Supreme …

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Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian Jan 2005

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian

Lara Karaian

This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little Sisters. The …

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Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell Jan 2005

Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell

Liz Campbell

Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. This article seeks to establish whether the purported benefits of the pre-trial police diversion programme in Ireland outweigh any infringements on the rights of the child. Firstly, the salient legislative provisions are briefly elucidated, and then the application of the Programme to date is examined. Next, the issue of whether traditional due process rights are relevant or necessary in the context of the Garda diversion programme …

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The New Prosecution, Kay L. Levine Jan 2005

The New Prosecution, Kay L. Levine

Faculty Articles

This Article proceeds as follows. Part I introduces the Statutory Rape Vertical Prosecution Program that took shape in California in the mid-1990s. In addition to explaining how this program emerged and its central features, I highlight the aspects of the SRVPP that distinguish California statutory rape prosecutors from the traditional image of the local prosecutor in the United States. Part II offers some background on the new prosecution and the problem-oriented approach to criminal justice, explaining how this model differs from the traditional crime-based or case-based method of criminal justice work. In Part III, I use empirical data derived from …

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Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg Jan 2005

Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg

Journal of Criminal Law and Criminology

No abstract provided.

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