Digital Commons Network^™

Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski

Journal of Criminal Law and Criminology

No abstract provided.

Rejecting The Clear And Convincing Evidence Standard For Proof Of Incompetence, Alaya B. Meyers

Journal of Criminal Law and Criminology

No abstract provided.

When Rules Are More Important Than Justice, Dawn M. Phillips

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

When Is Strict Criminal Liability Just, Kenneth W. Simons

Journal of Criminal Law and Criminology

No abstract provided.

Mens Rea And Inchoate Crimes, Larry Alexander, Kimberly D. Kessler

Journal of Criminal Law and Criminology

No abstract provided.

The Whole Truth: Restoring Reality To Children's Narrative In Long-Term Incest Cases, Leslie Feiner

Journal of Criminal Law and Criminology

No abstract provided.

Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway

Journal of Criminal Law and Criminology

No abstract provided.

A Call For A Truce In The Dgu War, Tom W. Smith

Journal of Criminal Law and Criminology

No abstract provided.

Rape In The Criminal Justice System, David P. Bryden, Sonja Lengnick

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Copyrights, Criminal Sanctions And Economic Rents: Applying The Rent Seeking Model To The Criminal Law Formulation Process, Lanier Saperstein

Journal of Criminal Law and Criminology

No abstract provided.

The Debate Over The Future Of Juvenile Courts: Can We Reach Consensus, Thomas F. Geraghty, Steven A. Drizin

Journal of Criminal Law and Criminology

No abstract provided.

Immaturity And Irresponsibility, Stephen J. Morse

Journal of Criminal Law and Criminology

No abstract provided.

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Journal of Criminal Law and Criminology

No abstract provided.

Justice For Children: How Do We Get There, Thomas F. Geraghty

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Behavior And Age: A Test Of Three Provocative Hypotheses, Charles R. Tittle, Harold G. Grasmick

Journal of Criminal Law and Criminology

No abstract provided.

Populism, Free Speech, And The Rule Of Law: The Fully Informed Jury Movement And Its Implications, Erick J. Haynie

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.

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Faculty Scholarship

In the early 1990s, I spent a couple of years as Chief of the Criminal Division in the Office of the U.S. Attorney for the Southern District of New York. One of my principal responsibilities was to hear "appeals" from defense lawyers, usually, although not exclusively, in white collar crime cases. These lawyers felt that their clients should not be indicted, or that the plea offer they had received from the prosecutor in charge of the case was unduly severe. Sometimes their arguments were essentially factual contentions that the government had the wrong take on the evidence – that the …

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Deterrence’S Difficulty, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …

Gender Differences In Biological And Sociological Predictors Of Crime, Deborah W. Denno

Faculty Scholarship

One of the many goals of the Biosocial Study that I directed was determining whether there were gender differences among the numerous possible correlates of crime that the study examined. The purpose of my presentation today is to describe the Biological Study and its results, particularly as they relate to gender differences in crime. Another aim is to respond briefly to some of the potential political reactions to the study, despite its results. I will begin with a quick account of historical attitudes toward gender differences in crime. I will then discuss the Biosocial Study and its major findings relevant …

Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eighth Amendment And Articulated Theories Of Justice, Jenny E. Carroll

Faculty Scholarship

This Note explores the effect on women of this process of demarcating boundaries of unacceptable behavior within the context of a capital punishment system. Additionally, this Note explores the Eighth Amendment implications of these boundaries within capital jurisprudence. Part I examines the two most prominent theories put forth by feminist scholars to explain sentencing patterns among female capital offenders-the "chivalry theory" and the "evil woman" theory. These theories attempt to account for both the limited use of the death penalty for women and the presence of certain women on death row. In Part II, this Note considers the limited empirical …

Ethics, Professionalism, And Meaningful Work, William H. Simon

Faculty Scholarship

Much of the anxiety and dissatisfaction associated with legal ethics arises from the categorical quality of the bar's dominant norms. These norms take the form of relatively inflexible rules insensitive to all but a few of the circumstances of the cases they govern. Hence they often require the lawyer to take actions that contribute to injustice or to refrain from actions that would avert injustice.

For example, many lawyers believe that a criminal defender is obliged to impeach a truthful complaining witness even though the only immediate purpose of this tactic is to encourage the trier to draw a mistaken …

Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol

Cardozo Law Review

This is a commentary on some issues raised by Anthony De V. Phillips's "Doubly Condemned": Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and Judith K. Schafer's "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, both of which appear in this volume. Both discussions highlight the role of criminal law, procedure, and punishment in helping to sustain systems of African and Afro-American chattel slavery in New World societies. They provide interesting contrasts between civil and common law approaches to …

Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler

Penn State International Law Review (1982 - 2011)

No abstract provided.