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Full-Text Articles in Social and Behavioral Sciences

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 …


An Empirical Assessment Of Corporate Environmental Crime-Control Strategies, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen, Michael Vandenbergh Jan 2013

An Empirical Assessment Of Corporate Environmental Crime-Control Strategies, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen, Michael Vandenbergh

Journal of Criminal Law and Criminology

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and-control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in a …


Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi Apr 2012

Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi

Northwestern Journal of Law & Social Policy

The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …


Exposing The Traditional Marriage Agenda, Jessica Feinberg Apr 2012

Exposing The Traditional Marriage Agenda, Jessica Feinberg

Northwestern Journal of Law & Social Policy

The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …


Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach Apr 2012

Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach

Northwestern Journal of Law & Social Policy

As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely avoid the political opposition that tax policies focused on diet have encountered. In addition, they would also provide a more palatable solution for the taxpayer beneficiaries with a relatively low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, …


High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz Apr 2012

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …


Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow Jan 2012

Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow

Northwestern Journal of Law & Social Policy

This Article reviews both domestic and international efforts to legislate a more family-friendly workplace, with an eye toward measuring the impact of these various initiatives and predicting both their future success and the likelihood of more widespread adoption. In particular, the Article reviews federal, state, and international legislative efforts to mandate: paid parental leaves; paid sick days; and flexible work arrangements. The Article then attempts to measure the effectiveness of such legislatively required, family-friendly policies by suggesting ways to measure and to predict the impact of U.S. legislative efforts to reconcile the conflicting responsibilities of work and parenthood. The Article …


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.