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Over-Reaction--The Mischief Of Miranda V. Arizona, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Journal of Criminal Law and Criminology

No abstract provided.

The Collapse Of The Harm Principle, Bernard E. Harcourt

Journal of Criminal Law and Criminology

No abstract provided.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins

Journal of Criminal Law and Criminology

No abstract provided.

Effect Of The Federal Sentencing Guidelines On Interjudge Sentencing Disparity, Paul J. Hofer, Kevin R. Blackwell, R. Barry Ruback

Journal of Criminal Law and Criminology

No abstract provided.

Reforming Hud's One-Strike Public Housing Evictions Through Tenant Participation, Adam P. Hellegers

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Regulating The Market For Snitches, Ian Weinstein

Buffalo Law Review

No abstract provided.

Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon

LLM Theses

This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …

Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan

Faculty Scholarship

Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

The Courage Of Our Convictions, Sherman J. Clark

Michigan Law Review

This article argues that criminal trial juries perform an important but inadequately appreciated social function. I suggest that jury trials serve as a means through which we as a community take responsibility for - own up to - inherently problematic judgments regarding the blameworthiness or culpability of our fellow citizens. This is distinct from saying that jury trials are a method of making judgments about culpability. They are that; but they are also a means through which we confront our own agency in those judgments. The jury is an institution through which we as individuals take a turn acknowledging and …

When Bad Things Happen To Good Intentions: The Development And Demise Of A Task Force Examining The Drugs-Violence Interrelationship Symposium On Drug Crimes, Deborah W. Denno

Faculty Scholarship

Between 1994-1996, I was one of twenty-eight members of a Drugs-Violence Task Force, created to report to the United States Sentencing Commission specific findings, conclusions, and recommendations concerning the interrelationship (if any) between drugs and violence. Much of the controversy concerning how to approach the drugs-violence problem reflects two conflicting and long-held views of drugs and crime: the criminal justice view, which emphasizes detecting and punishing drug offenders, and the public health view, which advocates treating the drug addiction that leads some individuals to commit crime. Traditionally, the criminal justice view is associated with a “tough on crime” attitude that …

Regulating The Market For Snitches , Ian Weinstein

Faculty Scholarship

These are boom times for the sellers and buyers of cooperation in the federal criminal justice system. While prosecutors have always welcomed the assistance of snitches, tougher federal sentencing laws have led to a significant increase in cooperation as more defendants try to provide "substantial assistance in the investigation or prosecution of another person," to have some chance of receiving a significant sentence reduction. In 1996 one of every five defendants sentenced in the federal courts won mitigation by providing substantial assistance. Many more defendants tried but failed to close the deal. The overheated cooperation market is creating serious problems …

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …

Kumho Tire Company, Ltd. V. Carmichael: Brief Amici Curiae Of Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer And Irwin Horowitz In Support Of Respondents, Phoebe C. Ellsworth, Richard C. Lempert

Appellate Briefs

Amici are university professors or hold positions in independent research institutions. Each has conducted empirical research on juries. The interest of these amici in this case is to provide the Court with an accurate picture of what a substantial body of research says about jury competence and behavior as it pertains to the evaluation of expert testimony. Short biographies of each amicus are provided in Appendix A.

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summarizes a substantial body of research evidence about jury behavior that has been produced over the …

Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer

Buffalo Public Interest Law Journal

No abstract provided.

Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith

Buffalo Public Interest Law Journal

No abstract provided.

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …

Qualified Immunity: Ignorance Excused, Barbara E. Armacost

Vanderbilt Law Review

Public officials receive qualified immunity from damages liability for constitutional violations if they reasonably could have believed their actions were constitutional under clearly established law. In this regard qualified immunity is quite unusual. In most other legal contexts, failure to know the law is virtually never excused. The only other context where notice or knowledge of illegality plays any role is in criminal law, but even mistakes of penal law are rarely excused.

In this Article, Professor Armacost uses fair notice in criminal law as a paradigm for analyzing the role of notice in constitutional damages actions. She argues that …

Romantic And Electronic Stalking In A College Context, Rebecca K. Lee

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Racial Differences In Rape Myth Acceptance Among College Women, Lekeshia M. Washington

Sociology & Criminal Justice Theses & Dissertations

This study investigates the racial differences in rape myth acceptance among college women. There has been little research on the topic of rape which examines solely the opinions of women. Black and white college women {N=623) completed a survey which measured the degree of acceptance or rejection of false beliefs about rape, rape victims, or rapists. These false beliefs were termed rape myths. The myths demean the victim and support stereotypes about rape. Past research suggests that blacks accept rape myths more than whites, and that victims accept rape myths more than nonvictims. This study's analyses suggest that women as …

Mandatory Hiv Testing For Convicted Or Accused Sex Offenders: Toward A Model Scheme, Kimberly Smith

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

A Resource Theory Of The Criminal Law: Exploring When It Matters, Richard O. Lempert

Book Chapters

This paper might look very different had I been asked a sensible question. Instead, I was told that the focus of the program for which this paper was originally prepared was "Does law matter?" and that my particular assignment was to discuss the question of whether the criminal law mattered. Of course criminal law matters. One hardly need be a committed functionalist to conclude from the dense net of criminal laws that envelop modern societies that criminal law must matter or else we would not have so much of it or, conversely, because we have so much of it, it …

Don't I Know You From Somewhere: Why Due Process Should Bar Judges From Presiding Over Cases When They Have Previously Prosectued The Defendant, Peter M. Friedman

Journal of Criminal Law and Criminology

No abstract provided.

Submission Is Not The Answer: Lethal Violence, Microcultures Of Criminal Violence And The Right To Self-Defense, Robert J. Cottrol

University of Colorado Law Review

No abstract provided.