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- Journal of Criminal Law and Criminology (19)
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Articles 1 - 30 of 52
Full-Text Articles in Criminal Law
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
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
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
The Criminal Law And The Luck Of The Draw, Sanford Kadish
Sanford Kadish
No abstract provided.
Reckless Complicity, Sanford Kadish
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
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.
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
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
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 …
How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew
How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew
BYU Law Review
No abstract provided.
Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe
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 …
The Homosexual Federal Offender: A Study Of 100 Cases, Charles E. Smith
The Homosexual Federal Offender: A Study Of 100 Cases, Charles E. Smith
Charles Kay Smith
No abstract provided.
Institutionalized Racism And The Death Penalty, Ashleigh Ellis
Institutionalized Racism And The Death Penalty, Ashleigh Ellis
Student Scholar Symposium Abstracts and Posters
Overtime, support for capital punishment has evolved. Compared to previous decades, support has changed amongst different variables such as: age, race, gender, and political perspective; therefore, today, these variables have changed the amount of support for it. For example, as of today, 6 states have repealed the death penalty with New Jersey being the first in 2007 to do so in 40 years. As memories of Jim Crow and the Civil Rights era have faded due to generational replacement, American society today still has this racial gap, however it is due to this racial resentment or symbolic resentment that the …
Kids, Groups And Crime: Some Implications Of A Well-Known Secret, Franklin E. Zimring
Kids, Groups And Crime: Some Implications Of A Well-Known Secret, Franklin E. Zimring
Franklin E. Zimring
No abstract provided.
Declining Homicide In New York City: A Tale Of Two Trends, Jeffrey Fagan, Franklin E. Zimring, June Kim
Declining Homicide In New York City: A Tale Of Two Trends, Jeffrey Fagan, Franklin E. Zimring, June Kim
Franklin E. Zimring
No abstract provided.
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Ontario College Of Teachers Cases Of Teacher Sexual Misconduct, Taryn Mototsune
Ontario College Of Teachers Cases Of Teacher Sexual Misconduct, Taryn Mototsune
Electronic Thesis and Dissertation Repository
Teacher sexual misconduct in Ontario was examined by using cases reviewed by the Ontario College of Teachers between 2000 and 2013. Despite the impetus by key stakeholders to develop appropriate policies to circumvent teacher-student sexual relationships, this phenomenon is still not well understood. The current study found that around 92 percent of perpetrators are men. The results indicate that male perpetrators who abuse elementary school-aged males are more likely to have multiple victims and longer offending careers. This study found less intrusive sexual behaviour, fewer multiple victim perpetrators, and shorter offending careers in more recent cases. This suggests that the …
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly
BYU Law Review
According to the U.S. Department of Justice, deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”
However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, this Article sets forth the argument that …
Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges
Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges
Criminal Justice Faculty Publications
This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …
Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges
Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges
Philip M Stinson
This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …
What Is Wrong With Sex In Authority Relations? A Study In Law And Social Theory, Galia Schneebaum
What Is Wrong With Sex In Authority Relations? A Study In Law And Social Theory, Galia Schneebaum
Journal of Criminal Law and Criminology
Criminalization of Sex within Authority Relations (SAR)—such as sex in the relationship between a therapist and a patient or an employer and an employee—is a growing phenomenon. Current theories conceptualize and consequently justify SAR offenses either under a liberal conception of sexual autonomy or under a feminist conception of gender inequality. Yet both conceptualizations are inadequate and fail to capture the distinctiveness of this new legal category. Specifically, they fail to explain the main puzzle underlying SAR offenses, which proscribe sexual contact in the absence of coercion by the offender. Rejecting both liberal and feminist analytical frameworks, this Article draws …
Trevino V. Thaler: Falling Short Of Meaningful Federal Habeas Corpus Reform, Cristina Law
Trevino V. Thaler: Falling Short Of Meaningful Federal Habeas Corpus Reform, Cristina Law
Journal of Criminal Law and Criminology
Prisoners face many barriers when petitioning for federal habeas corpus relief, especially when asserting ineffective assistance of trial counsel claims. The Supreme Court’s decision in Trevino v. Thaler attempted to lower these barriers by carving out a narrow exception to the procedural default rule. Although a step in the right direction, this narrow exception fell short of meaningful habeas corpus reform. This Comment argues that although the Supreme Court’s decision in Trevino appears to guarantee habeas corpus petitioners the ability to raise ineffective assistance of trial counsel claims in federal court, it is unlikely to provide prisoners meaningful opportunities to …
Framing A Narrative Of Discrimination Under The Eighth Amendment In The Context Of Transgender Prisoner Health Care, Sarah Halbach
Framing A Narrative Of Discrimination Under The Eighth Amendment In The Context Of Transgender Prisoner Health Care, Sarah Halbach
Journal of Criminal Law and Criminology
This Comment looks closely at the reasoning behind two recent federal court opinions granting transgender prisoners access to hormone therapy and sex-reassignment surgery. Although both opinions were decided under the Eighth Amendment’s ban on cruel and unusual punishment, which does not expressly prohibit discrimination based on gender identity, a careful look at the courts’ reasoning suggests that they were influenced by the apparent discrimination against the transgender plaintiffs. This Comment argues that future transgender prisoners may be able to develop an antidiscrimination doctrine within the Eighth Amendment by framing their Eighth Amendment medical claims in terms of discrimination based on …
Maternal And Paternal Imprisonment And Children's Social Exclusion In Young Adulthood, Holly Foster, John Hagan
Maternal And Paternal Imprisonment And Children's Social Exclusion In Young Adulthood, Holly Foster, John Hagan
Journal of Criminal Law and Criminology
The United States has entered its fourth decade of high imprisonment levels. It is now possible to assess the impact of parental imprisonment on children who have completed the transition to adulthood. We elaborate the role of parental incarceration from a life course perspective on intergenerational social exclusion in young adulthood. The National Longitudinal Study of Adolescent Health [Add Health] representatively sampled the historically unique national cohort born in the 1980s, during the onset of mass incarceration. Four waves of the Add Health survey provide a valuable moving window on incarcerated parents and the transitions of their children from adolescence, …
The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp
The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp
Journal of Criminal Law and Criminology
The 2013 book Deviant and Criminal Behavior in the Workplace addresses the psychological constructs, situations, and environments underlying active counterproductive workplace behaviors. Building on a diverse range of psychological findings, this book highlights that the field of criminology needs to expand outside of the realm of violence and instead look at how deviant workplace behaviors can tie into—and motivate—other types of crime.
Estimating The Prevalence Of Entrapment In Post-9/11 Terrorism Cases, Jesse J. Norris, Hanna Grol-Prokopczyk
Estimating The Prevalence Of Entrapment In Post-9/11 Terrorism Cases, Jesse J. Norris, Hanna Grol-Prokopczyk
Journal of Criminal Law and Criminology
How many of the terrorism convictions since September 11, 2001 have been the product of entrapment? Some scholars and journalists have suggested that the number is quite high. One report went so far as to claim that only 1% of terrorism prosecutions involve “real” terrorism. The government’s defenders, at the opposite extreme, come close to saying that entrapment in a terrorism case is a contradiction in terms.
Little empirical basis exists for evaluating these competing claims. Existing literature on terrorism and entrapment is typically based on detailed discussions of a few egregious cases, rather than systematic analysis of the phenomenon. …
Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler
Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler
Journal of Criminal Law and Criminology
Often, discussions of wrongful convictions focus almost entirely on the wrongfully convicted and ignore two important constituencies: prosecutors and crime victims. Both constituencies have unique connections to wrongful convictions and should be recognized as potentially powerful allies for change. Prosecutors are deeply committed to justice and to the outcomes of their cases; they can help identify and correct wrongful convictions and introduce policies to avoid wrongful convictions in the first place. Wrongful convictions matter to crime victims because convicting the wrong person leaves the real perpetrator free to commit more crimes, creates a new, innocent victim, and drains resources that …
The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley
The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley
Journal of Criminal Law and Criminology
While most prosecutors adhere to the maxim that their primary task is to obtain just results, there are some who violate their ethical responsibilities in order to rack up convictions. This article describes the distressing, decades-long absence of discipline imposed on prosecutors whose knowing misconduct has resulted in terrible injustices being visited upon defendants throughout the country. Many honorable lawyers have failed to speak out about errant prosecutors, thus enabling their ethical breaches. The silent accessories include practicing lawyers and judges of trial and reviewing courts who, having observed prosecutorial misconduct, failed to take corrective action. Fault also lies with …
Reducing The Harm Of Criminal Victimization: The Role Of Restitution, Alison C. Cares, Stacy Hoskins Haynes, R. Barry Ruback
Reducing The Harm Of Criminal Victimization: The Role Of Restitution, Alison C. Cares, Stacy Hoskins Haynes, R. Barry Ruback
Sociology and Criminology Department Faculty Works
Restitution is a court-ordered payment by offenders to their victims to cover the victims' economic losses resulting from the crime. These losses can be substantial and can harm victims and victims' families both directly and indirectly. But most victims do not receive reparation for their injuries, both because judges do not always impose restitution and because of problems with collecting restitution payments, even if there is a court order to do so. In this article, we review the literature on restitution and suggest that this compensatory mechanism is necessary to restore victims to where they were before the crime occurred. …
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Psychology Faculty Scholarship
We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Cleveland State Law Review
Most members of the public lack first-hand experience with the criminal justice system; nevertheless, they believe that they possess phenomenological knowledge about it. In large part, the public’s understandings of crime and punishment are derived from television and film, which provide modern audiences with a vision of institutions that are normally occluded from view. While public rituals of punishment used to take place on the scaffold, equivalent moral narratives about crime and punishment now occur on film because modern punishment is imposed outside of the public gaze. Yet because crime films distort what they depict, the public’s view of crime …