Criminal Law Commons^™

48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg

Barry A Krisberg

No abstract provided.

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky

David A Sklansky

No abstract provided.

The Criminal Law And The Luck Of The Draw, Sanford Kadish

Sanford Kadish

No abstract provided.

Reckless Complicity, Sanford Kadish

Sanford Kadish

No abstract provided.

Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan

Norman Poythress

No abstract provided.

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.

Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a significant decision last week, Singapore’s highest court ruled that alleged global football match-fixer Dan Tan Seet Eng’s preventive detention was unlawful. His detention went beyond the scope of discretionary power vested in the Minister for Home Affairs under the Criminal Law (Temporary Provisions) Act (CLTPA). The court’s ruling drew criticisms from a former Interpol chief and, ironically, FIFA, football’s graft-ridden governing body.

Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver

Wesley M Oliver

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher

BYU Law Review

No abstract provided.

We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf

Department of Justice Studies Faculty Scholarship and Creative Works

In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Russell D. Covey

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …

46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams

Thomas D. Lyon

The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.

45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew

BYU Law Review

No abstract provided.

Criminalizing The State, François Tanguay-Renaud

François Tanguay-Renaud

François Tanguay-Renaud, Associate Professor, Osgood Hall Law School speaks about political theory and criminal law, asking the underexplored question of whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a specific focus on the possibility of its domestic criminalization. He identifies the core objections to the criminalization of states, for example, objections to the condemnation and punishment of the state, as a result of a suitably ‘criminal’ process of public accountability, for the culpable perpetration of legal wrongs. He then investigate ways in which these objections can be challenged.

Crime And The Distribution Of Security, Victor Tadros, Susan Dimock, François Tanguay-Renaud

François Tanguay-Renaud

Victor Tadros, University of Warwick, speaks about a theory of criminalization and constraints on conduct. He considers the application of the harm principle and suggests that in addition to this harm constraint a wrongfulness constraint and a punishment constraint could also be considered. He also investigates the principles that govern decisions around the criminalization of conduct.

Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos

François Tanguay-Renaud

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …

Human Rights And Prison Rape, Lenny Gallo

21st Century Social Justice

Prison Rape is a common occurrence in America’s penal institutions. Sexual assault occurs most frequently on juveniles, the LGBT community, and people who are weak in stature. To combat this problem, The Prison Rape Elimination Act (PREA), passed in 2003 with bipartisan support and the backing of special interest groups, was envisioned as a human rights milestone. Prison rape is assumed by an apathetic public to be an expected part of the incarceration experience. PREA, in addition to encountering major time setbacks in implementation, has not become a human rights milestone and, even where it has been implemented, is often …

The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop

Akron Law Review

American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …

44. The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon

Thomas D. Lyon

Revealing The Rapist Next Door: Property Impacts Of A Sex Offender Registry, Susan Yeh

Susan Yeh

How do homebuyers respond to perceived crime risks about sex offenders in the neighborhood? I evaluate local property and crime responses to Internet sex offender registry listings. Among more permanent listings, a nearby offender depresses house prices by up to 4 percentage points. I document that the majority of registered sex offenders are transient, with durations of less than 6 months at an address. While a growing literature suggests that housing stability is important in reducing criminal behavior, the market perceives heightened crime risks to be attached to the listings of registered offenders with more stable housing, but not to …

43. The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology, Elizabeth B. Rush, Stacia N. Stolzenberg, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon

Thomas D. Lyon

Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol

Neil L Sobol

No abstract provided.

Lost In A Legal Thicket, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.

42. Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

It Must Have Been Him: Coherence Effects Within The Legal System, Jonathan N. Carbone

FIU Electronic Theses and Dissertations

The present series of studies examine how jurors and public defenders evaluate different pieces of evidence and integrate them into a coherent conclusion within the context of a criminal case. Previous research has shown that in situations where both sides of the case are compelling, decision-makers nevertheless come to highly confident and polarized decisions, called coherence shifts (Simon, 2004). The present research sought to expand on coherence effects, improve upon the methodology of previous studies, and explore potential moderators of coherence. In Study 1, mock jurors (n = 306) read about a criminal case and evaluated multiple pieces of …