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Full-Text Articles in Social and Behavioral Sciences

The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie Jan 2015

The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie

Journal of Criminal Law and Criminology

This article addresses a prosecutor’s development of new and bizarre theories, particularly in cases involving confession evidence, to explain away exculpatory DNA results. In Juan Rivera’s case, the prosecutor’s theory for why sperm found inside the 11-year-old victim on the day she was murdered did not belong to Rivera was that she had sex with someone before Rivera came along and raped (but did not ejaculate) and murdered her. The unnamed-lover theory is used so often by prosecutors that it has a moniker: “the unindicted co-ejaculator.” In the case of the Dixmoor Five, teenagers convicted of the rape and murder …


Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal Jan 2015

Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal

Journal of Criminal Law and Criminology

Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …


Examining The Sources Of Correctional Officer Legitimacy, Benjamin Steiner, John Wooldredge Jan 2015

Examining The Sources Of Correctional Officer Legitimacy, Benjamin Steiner, John Wooldredge

Journal of Criminal Law and Criminology

Correctional officer legitimacy has been linked to prison safety and order, and it may also be relevant for inmate well-being and facilitating behavioral change. Yet few studies have examined the sources of correctional officer legitimacy. Findings from analyses of survey data collected from over 5,500 inmates housed throughout forty-six facilities in Ohio and Kentucky revealed that inmates’ perceptions of the treatment they received during their most recent encounters with correctional officers (procedural justice) impacted the strength of their beliefs regarding the legitimacy of those officers. The analyses also revealed that background factors such as inmates’ age and race were relevant …


Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver Jan 2015

Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver

Journal of Criminal Law and Criminology

Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …


A Century Of Criminal Law And Criminology, Amy Deline Jan 2010

A Century Of Criminal Law And Criminology, Amy Deline

Journal of Criminal Law and Criminology

No abstract provided.


Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover Jan 2010

Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover

Journal of Criminal Law and Criminology

No abstract provided.


Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig Jan 2010

Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig

Journal of Criminal Law and Criminology

No abstract provided.


Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert Jan 2010

Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.


Offending Women: A Double Entendre, Joanne Belknap Jan 2010

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.


Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey Jan 2010

Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey

Journal of Criminal Law and Criminology

No abstract provided.


Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez Jan 2010

Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez

Journal of Criminal Law and Criminology

No abstract provided.


The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone Jan 2010

The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone

Journal of Criminal Law and Criminology

No abstract provided.


Learning From Error In American Criminal Justice, James M. Doyle Jan 2010

Learning From Error In American Criminal Justice, James M. Doyle

Journal of Criminal Law and Criminology

No abstract provided.


Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe Jan 2010

Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe

Journal of Criminal Law and Criminology

No abstract provided.


The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye Jan 2010

The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye

Journal of Criminal Law and Criminology

No abstract provided.


Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey Jan 2010

Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey

Journal of Criminal Law and Criminology

No abstract provided.


Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman Jan 2010

Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman

Journal of Criminal Law and Criminology

No abstract provided.


Opening Remarks, Ronald J. Allen Jan 2010

Opening Remarks, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.


The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz Jan 2010

The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz

Journal of Criminal Law and Criminology

No abstract provided.


One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo Jan 2010

One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo

Journal of Criminal Law and Criminology

No abstract provided.


One Hundred Years Of Race And Crime, Paul Butler Jan 2010

One Hundred Years Of Race And Crime, Paul Butler

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies Jan 2010

The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies

Journal of Criminal Law and Criminology

No abstract provided.


Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko Jan 2010

Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko

Journal of Criminal Law and Criminology

No abstract provided.


Bill Clinton's Parting Pardon Party, Albert W. Alschuler Jan 2010

Bill Clinton's Parting Pardon Party, Albert W. Alschuler

Journal of Criminal Law and Criminology

No abstract provided.


Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard Jan 2010

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Journal of Criminal Law and Criminology

No abstract provided.


Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee Jan 2010

Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee

Journal of Criminal Law and Criminology

No abstract provided.


Swinging For The Fences: How Comprehensive Drug Testing, Inc. Missed The Ball On Digital Searches, Vincent Angermeier Jan 2010

Swinging For The Fences: How Comprehensive Drug Testing, Inc. Missed The Ball On Digital Searches, Vincent Angermeier

Journal of Criminal Law and Criminology

No abstract provided.


(Trans)Forming The Provocation Defense, Morgan Tilleman Jan 2010

(Trans)Forming The Provocation Defense, Morgan Tilleman

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews, Juliet S. Sorensen Jan 2010

Book Reviews, Juliet S. Sorensen

Journal of Criminal Law and Criminology

No abstract provided.


A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley Jan 2010

A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley

Journal of Criminal Law and Criminology

No abstract provided.