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Articles 1891 - 1920 of 8760
Full-Text Articles in Entire DC Network
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky
Journal of Criminal Law and Criminology
No abstract provided.
Anglo-American Privacy And Surveillance, Laura K. Donohue
Anglo-American Privacy And Surveillance, Laura K. Donohue
Journal of Criminal Law and Criminology
No abstract provided.
A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard
A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard
Journal of Criminal Law and Criminology
No abstract provided.
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Journal of Criminal Law and Criminology
No abstract provided.
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Journal of Criminal Law and Criminology
No abstract provided.
Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson
Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson
Journal of Criminal Law and Criminology
No abstract provided.
Assessing The Relative Effects Of State Direct File Waiver Laws On Violent Juvenile Crime: Deterrence Or Irrelevance, Benjamin Steiner, Emily Wright
Assessing The Relative Effects Of State Direct File Waiver Laws On Violent Juvenile Crime: Deterrence Or Irrelevance, Benjamin Steiner, Emily Wright
Journal of Criminal Law and Criminology
No abstract provided.
The Crime Of Associating With Criminals - An Argument For Extending The Reves Operation Or Management Test To Rico Conspiracy, Sarah Baumgartel
The Crime Of Associating With Criminals - An Argument For Extending The Reves Operation Or Management Test To Rico Conspiracy, Sarah Baumgartel
Journal of Criminal Law and Criminology
No abstract provided.
Law And The Parameters Of Acceptable Deviance, Mark A. Edwards
Law And The Parameters Of Acceptable Deviance, Mark A. Edwards
Journal of Criminal Law and Criminology
No abstract provided.
Improving Criminal Jury Verdicts: Learning From The Court-Martial , Robert F. Holland
Improving Criminal Jury Verdicts: Learning From The Court-Martial , Robert F. Holland
Journal of Criminal Law and Criminology
No abstract provided.
After Crawford Double-Speak: Testimony Does Not Mean Testimony And Witness Does Not Mean Witness , Josephine Ross
After Crawford Double-Speak: Testimony Does Not Mean Testimony And Witness Does Not Mean Witness , Josephine Ross
Journal of Criminal Law and Criminology
No abstract provided.
Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling
Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling
Journal of Criminal Law and Criminology
No abstract provided.
Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld
Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld
Journal of Criminal Law and Criminology
No abstract provided.
The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers
The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers
Faculty Scholarship
No abstract provided.
Culture In Our Midst, Elaine M. Chiu
Culture In Our Midst, Elaine M. Chiu
Faculty Publications
Culture, like race, class, gender, sexual orientation and wealth is one of many ways in which the law is not neutral. Indeed, culture is a source of law. Yet, as traditional legal positivists have taught us, the law or legal doctrine can prove to be more powerful than culture, often outlasting it. The “mirror image” theory states that the laws of a particular locale reflect the culture of that locale. The law merely serves as enforcement of the common decency, propriety and morality of that culture. Not only is this understanding appealingly simple, it is often invoked by judges and …
Culture As Justification, Not Excuse, Elaine M. Chiu
Culture As Justification, Not Excuse, Elaine M. Chiu
Faculty Publications
The wide discussion of cultural defenses over the last twenty years has produced very little actual change in the criminal law. This Article urges a reorientation of our approach thus far to cultural defenses and aspires to move the languishing discussion to a more productive place. The new perspective it proposes is justification. The Article asks the criminal law to make doctrinal room for defendants to argue that their allegedly criminal acts are justified acts, and not excused acts, based on the values and norms of their minority cultures. Currently, the criminal law deals with such acts of minority defendants …
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
Faculty Publications
The rise of the religious, or "faith-based," prison at the turn of the twenty-first century bears witness to the remarkable resilience of religion in shaping the philosophy of punishment. In the last decade, prisons that incorporate religion in various ways have sprouted around the country and there are some indications, though preliminary, inconclusive, and hotly contested, that inmates who participate in religious instruction and “programming” recidivate at lower rates than those who do not. The early success of these programs (and, some say, the preferential treatment accorded to participants in them) has resulted in high demand and long waiting lists. …
Public Attitudes About The Culpability And Punishment Of Young Offenders, Elizabeth S. Scott, N. Dickon Reppucci, Jill Antonishak, Jennifer T. Degennaro
Public Attitudes About The Culpability And Punishment Of Young Offenders, Elizabeth S. Scott, N. Dickon Reppucci, Jill Antonishak, Jennifer T. Degennaro
Faculty Scholarship
Conventional wisdom holds that the public supports harsh punishment of juvenile offenders, and politicians often argue that the public demands tough policies. But public opinion is usually gauged through simplistic polls, often conducted in the wake of highly publicized violent crimes by juveniles. This study seeks to probe public opinion about the culpability of young offenders as compared to adult counterparts through more nuanced and comprehensive measures in a neutral setting (i.e. not in response to a high profile crime or during a political campaign when the media focuses on the issue). The opinions of 788 community adults were individually …
Rational Choice And Developmental Influences On Recidivism Among Adolescent Felony Offenders, Jeffrey Fagan, Alex R. Piquero
Rational Choice And Developmental Influences On Recidivism Among Adolescent Felony Offenders, Jeffrey Fagan, Alex R. Piquero
Faculty Scholarship
Recent law and scholarship has claimed that the developmental limitations of adolescents affect their capacity for control and decision making with respect to crime, diminishing their culpability and reducing their exposure to punishment. Social science has focused on two concurrent adolescent developmental influence: the internalization of legal rules and norms that regulate social and antisocial behaviors, and the development of rational thought to frame behavioral choices and decisions. The interaction of these two developmental processes, and the identification of one domain of socialization and development as the primary source of motivation or restraint in adolescence, is the focus of this …
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno
The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno
Faculty Scholarship
This Article contends that some of the case law and social science research that form the basis for the United States Supreme Court's decision in Roper v. Simmons are insufficient and outdated. The Court also relies heavily upon briefs submitted by the respondent and his amici, in lieu of providing more pertinent citations and analysis that could have enhanced and modernized the Court's arguments. The sparse and sometimes archaic sources for Roper potentially limit the opinion's precedential value. For example, the Court cites Erik Erikson's 1968 book, Identity: Youth and Crisis, to support the view that, relative to adults, juveniles …
Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel
Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel
Walden Dissertations and Doctoral Studies
This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. …
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
Scholarly Articles
This essay explores the criminological commitments of religious prisons. Though religious prisons serve rehabilitative aims, this essay emphasizes the importance of their retributive goals-what Professor R.A. Duff has termed the censure-communicating purpose of punishment and the "Three 'R's of Punishment" (repentance, reform, and reconciliation)9-in justifying the use of religious programming in prisons. The focus of this article is narrow: it offers an argument in response to skeptics who claim that religious programming serves no criminological purpose absent an unequivocal showing of rehabilitative effectiveness. It claims that even if the evidence of reduced recidivism has been inflated or manipulated, as many …
What Counts As Domestic Violence? A Conceptual Analysis, Michelle Madden Dempsey
What Counts As Domestic Violence? A Conceptual Analysis, Michelle Madden Dempsey
Faculty Publications
This essay analyses the conceptual structure of domestic violence and critiques various influential accounts of domestic violence operating in the criminal justice system, legal and sociological academia, and the domestic violence advocacy community. Section A presents a preliminary philosophical analysis of domestic violence, with the goal of furthering our understanding of the correct use of this concept. This analysis centers around three key elements of domestic violence: violence, domesticity, and structural inequality. Section B develops an explanatory model of domestic violence based upon these key elements. Section C examines and critiques four principal accounts of domestic violence, each of which …
Toward A Balanced Equation: Advocating Consistency In The Sentencing Of Serial Killers, Talitha Ebrite
Toward A Balanced Equation: Advocating Consistency In The Sentencing Of Serial Killers, Talitha Ebrite
Oklahoma Law Review
No abstract provided.
Detection Avoidance, Chris William Sanchirico
Detection Avoidance, Chris William Sanchirico
ExpressO
In practice, the problem of law enforcement is half a matter of what the government does to catch violators and half a matter of what violators do to avoid getting caught. In the theory of law enforcement, however, although the state’s efforts at "detection" play a decisive role, offenders’ efforts at "detection avoidance" are largely ignored. Always problematic, this imbalance has become critical in recent years as episodes of corporate misconduct spur new interest in punishing process crimes like obstruction of justice and perjury. This article adds detection avoidance to the existing theoretical frame with an eye toward informing the …
Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah
Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah
ExpressO
This is a discussion of the legal and economic ramifications of password theft.
Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay
Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay
Research Collection Yong Pung How School Of Law
This parer introduces notions of contemporary globalisation and the manner in which crime and glotalisation interrelate. In particular, the importance of analysing crime and control at both local and global levels is emphasised. Issues of crime and space are addressed in the context of urbanisation. The tendencies of the city to marginalise, and the consequential criminal outcomes from this environment of modernisation (and the modem city) are discussed. Urban planning has had a crucial part to play in humanising and at the same time distinguishing the global push towards urbanisation, and crime prevention is now a recognised feature of globalised …