Digital Commons Network^™

Against Prediction: Sentencing, Policing, And Punishing In An Actuarial Age, Bernard E. Harcourt

Faculty Scholarship

Actuarial methods – i.e., the use of statistical rather than clinical methods on large datasets of criminal offending rates to determine different levels of offending associated with one or more group traits, in order to (1) predict past, present or future criminal behavior and (2) administer a criminal justice outcome – now permeates the criminal law and its enforcement. With the single exception of racial profiling against African-Americans and Hispanics, most people view the turn to the actuarial as efficient, rational, and wealth-maximizing. The fact is, law enforcement agencies can detect more crime with the same resources if they investigate …

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

UF Law Faculty Publications

This Article has identified and outlined the parameters of Black protectionism, a practice used by African-Americans to protect prominent community members who have been charged with criminal or unethical activity. This practice took root during slavery-during a time when a false or minor charge against one African-American could result in death or great bodily harm to him and scores of other African-Americans. History has cultivated a culture of Black mistrust of Whites in particular and mainstream society in general. This suspicion is reinforced with the continued disparate treatment of African-Americans within the criminal justice system. History and contemporary conditions explain …

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares

Faculty Scholarship

There is a rich intellectual history to the sociological study of crime and punishment that encompasses multiple and interrelated traditions. Some of these traditions trace their roots to the European social theorists of the nineteenth century, particularly Emile Durkheim, Max Weber, and Karl Marx. Although only Durkheim and Weber systematically studied law (and only Durkheim actually studied punishment), all three social theorists facilitated the development of sociological research and theory on crime and punishment. Durkheim's Suicide: A Study in Sociology for example, investigated the relationship between social integration and suicide rates, which, in turn, provided a model of inquiry for …

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd

Faculty Articles

Recent empirical studies by economists have shown, without exception, that capital punishment deters crime. Using large data sets that combine information from all fifty states over many years, the studies show that, on average, an additional execution deters many murders. The studies have received much publicity, and death penalty advocates often cite them to show that capital punishment is sound policy.

Indeed, deterrence is the central basis that many policymakers and courts cite for capital punishment. For example, President Bush believes that capital punishment deters crime and that deterrence is the only valid reason for capital punishment. Likewise, the Supreme …

The New Prosecution, Kay L. Levine

Faculty Articles

This Article proceeds as follows. Part I introduces the Statutory Rape Vertical Prosecution Program that took shape in California in the mid-1990s. In addition to explaining how this program emerged and its central features, I highlight the aspects of the SRVPP that distinguish California statutory rape prosecutors from the traditional image of the local prosecutor in the United States. Part II offers some background on the new prosecution and the problem-oriented approach to criminal justice, explaining how this model differs from the traditional crime-based or case-based method of criminal justice work. In Part III, I use empirical data derived from …

Yarborough V. Alvarado: At The Crossroads Of The Unreasonable Application Provision Of The Antiterrorism And Effective Death Penalty Act Of 1996 And The Consideration Of Juvenile Status In Custodial Determinations, Jennifer Park

Journal of Criminal Law and Criminology

No abstract provided.

Erratum

Journal of Criminal Law and Criminology

No abstract provided.

The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

Journal of Criminal Law and Criminology

No abstract provided.

The Political Economy Of Entrapment, Richard H. Mcadams

Journal of Criminal Law and Criminology

No abstract provided.

Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery

Journal of Criminal Law and Criminology

No abstract provided.

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Erratum

Journal of Criminal Law and Criminology

No abstract provided.

Counted Out Twice - Power, Representation & (And) The Usual Residence Rule In The Enumeration Of Prisoners: A State-Based Approach To Correcting Flawed Census Data, David Hamsher

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer

Journal of Criminal Law and Criminology

No abstract provided.

From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall

Journal of Criminal Law and Criminology

No abstract provided.

Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West

Journal of Criminal Law and Criminology

No abstract provided.

The Myth Of Innocence, Joshua Marquis

Journal of Criminal Law and Criminology

No abstract provided.

The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Blakely And Booker: Pondering Modern Sentencing Process, Douglas A. Berman

Journal of Criminal Law and Criminology

No abstract provided.

Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson

Journal of Criminal Law and Criminology

No abstract provided.

A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell

Journal of Criminal Law and Criminology

No abstract provided.

Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood

Journal of Criminal Law and Criminology

No abstract provided.

Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg

Journal of Criminal Law and Criminology

No abstract provided.