Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Academic legal scholarship (1)
- California (1)
- Case analysis method (1)
- Criminal case outcomes (1)
- Cultural defense (1)
-
- Cynthia Lee (1)
- Data (1)
- Empirical research (1)
- Exploitation (1)
- Instrumental filing (1)
- Interest convergence (1)
- Intimacy (1)
- Peer (1)
- Predator (1)
- Prosecutorial discretion (1)
- Relationship status (1)
- Social science techniques (1)
- Statutory Rape Vertical Prosecution Program (1)
- Statutory rape (1)
- Structural factors (1)
Articles 1 - 2 of 2
Full-Text Articles in Models and Methods
The Intimacy Discount: Prosecutorial Discretion, Privacy, And Equality In The Statutory Rape Caseload, Kay L. Levine
The Intimacy Discount: Prosecutorial Discretion, Privacy, And Equality In The Statutory Rape Caseload, Kay L. Levine
Faculty Articles
This Article proceeds as follows. It begins in Part I by presenting the structural and case-based factors that scholars have identified as relevant to prosecutorial decision-making in the United States. Part II considers the existing social science research documenting the relationship between intimacy and criminal Justice treatment. Part III explains the empirical study of California prosecutors on which this Article's data and conclusions are based. After introducing California's statutory rape prosecution program in Part IV, the Article describes in Part V how the program's underlying rationale led to the development and deployment of prosecutorial assessments of intimacy and exploitation in …
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
Faculty Articles
While I consider case analysis in the context of cultural defense jurisprudence, this Essay should be regarded as a case study of a more endemic problem in legal scholarship. In tackling such an area, my goal is not to overthrow centuries of legal analysis, but rather to explore how we, as legal scholars, might use social science techniques to more systematically investigate, document, analyze, and predict the state of a particular comer of the legal universe.
The argument proceeds in two parts. Part II considers empirical approaches to the question raised by Lee: how might we ascertain the relationship between …