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Holding Government Officials Accountable By Applying The State-Created Danger Doctrine To Cases Of Suicide, Zoe Levine
Holding Government Officials Accountable By Applying The State-Created Danger Doctrine To Cases Of Suicide, Zoe Levine
Journal of Criminal Law and Criminology
Section 1983 of the Civil Rights Act provides a means for plaintiffs whose civil rights have been violated by government officials to sue for monetary compensation. However, the doctrine of qualified immunity hampers a plaintiff’s chances of success by blocking cases from going to trial and preventing government entities from paying monetary judgments on “insubstantial cases.” State-created danger doctrine is a judicially created exception that can overcome qualified immunity when a government official has caused or contributed to a danger that resulted in harm to that individual. The purpose of this doctrine is to hold officials accountable who were more …
Toward A Socio-Legal Theory Of Male Rape, Orna Alyagon-Darr, Ruthy Lowenstein Lazar
Toward A Socio-Legal Theory Of Male Rape, Orna Alyagon-Darr, Ruthy Lowenstein Lazar
Journal of Criminal Law and Criminology
In this Article, we attempt to formulate a new theoretical framework for the analysis of male rape, a phenomenon that has been neglected by legal and jurisprudential scholarship for a long time. We dispute common perceptions of male rape, most notably the centrality of consent in rape discourse, and show how male and female rape myths, while distinct, are upheld by similar paradigms of gender. Although it focuses on male rape, the Article proposes a broad theory of rape and gender.
The Article offers a comparative review of the scholarship on male rape in two settings: the community and prison. …
Is Juvenile Probation Obsolete? Reexamining And Reimagining Youth Probation Law, Policy, And Practice, Patricia Soung
Is Juvenile Probation Obsolete? Reexamining And Reimagining Youth Probation Law, Policy, And Practice, Patricia Soung
Journal of Criminal Law and Criminology
The dramatic growth of prison populations in the United States during the latter half of the twentieth century, as well as the problems of over-policing and police misconduct, have been well documented and decried.1 But the related expansion and problems of community supervision receive far less attention. Across the nation, reform efforts have increasingly included a focus on probation, especially juvenile probation, as an actor that both jails and polices youth in the community while also trying to rehabilitate them and promote their well-being. This Article studies the juvenile probation system, with a focus on California as one important …
Judicial Responses To Age And Other Mitigating Evidence: An Exploratory Case Study Of Juvenile Life Sentences In Pre-Miller Cases, José B. Ashford, Katherine Puzauskas, Robert Dormady
Judicial Responses To Age And Other Mitigating Evidence: An Exploratory Case Study Of Juvenile Life Sentences In Pre-Miller Cases, José B. Ashford, Katherine Puzauskas, Robert Dormady
Journal of Criminal Law and Criminology
This study describes how judges in Maricopa County, Arizona responded to age and other mitigation evidence in imposing “life” versus “natural life” sentences for juvenile offenders convicted of homicide in pre-Miller cases. Maricopa County was selected for this case study because of its history of adhering to “restrictive interpretations” of various kinds of mitigation evidence and because of the characteristics of this county’s local court community. The study employed a mixed-methods design consisting of a content analysis of relevant case documents and a quantitative analysis of the findings from the qualitative analyses of legal case documents. It examined 82% …
Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett
Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett
Journal of Criminal Law and Criminology
In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander’s groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to grapple …
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
Journal of Criminal Law and Criminology
No abstract provided.
Strategery's Refuge, Christopher Seeds
Strategery's Refuge, Christopher Seeds
Journal of Criminal Law and Criminology
No abstract provided.
Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones
Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones
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.
The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne
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.
Learning From The Past, Living In The Present: Understanding Homicide In Chicago, 1870-1930, Leigh B. Bienen, Brandon Rottinghaus
Learning From The Past, Living In The Present: Understanding Homicide In Chicago, 1870-1930, Leigh B. Bienen, Brandon Rottinghaus
Journal of Criminal Law and Criminology
No abstract provided.
Asymmetrical Causation And Criminal Desistance, Christopher Uggen, Irving Piliavin
Asymmetrical Causation And Criminal Desistance, Christopher Uggen, Irving Piliavin
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Defendants With Psychiatric Impairment: Prevalence, Probabilities And Rates, Ellen Hochstedler Steury
Criminal Defendants With Psychiatric Impairment: Prevalence, Probabilities And Rates, Ellen Hochstedler Steury
Journal of Criminal Law and Criminology
No abstract provided.
Suppressing Domestic Violence With Law Reforms, Daniel D. Polsby
Suppressing Domestic Violence With Law Reforms, Daniel D. Polsby
Journal of Criminal Law and Criminology
No abstract provided.
Female Spouse Abuse And The Police Response: The Charlotte, North Carolina Experiment, J. David Hirschel, Ira W. Iii Hutchison
Female Spouse Abuse And The Police Response: The Charlotte, North Carolina Experiment, J. David Hirschel, Ira W. Iii Hutchison
Journal of Criminal Law and Criminology
No abstract provided.
Delinquency Prevention: Where's The Beef, Ira M. Schwartz
Delinquency Prevention: Where's The Beef, Ira M. Schwartz
Journal of Criminal Law and Criminology
No abstract provided.
Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
Journal of Criminal Law and Criminology
No abstract provided.
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
Journal of Criminal Law and Criminology
No abstract provided.
Toward An Intergration Of Criminological Theories, Frank S. Pearson, Neil Alan Weiner
Toward An Intergration Of Criminological Theories, Frank S. Pearson, Neil Alan Weiner
Journal of Criminal Law and Criminology
No abstract provided.
Volunteering For Execution: Competency, Voluntariness And The Propriety Of Third Party Intervention, G. Richard Strafer
Volunteering For Execution: Competency, Voluntariness And The Propriety Of Third Party Intervention, G. Richard Strafer
Journal of Criminal Law and Criminology
No abstract provided.
Sources Of Data For Victimology, Albert D. Biderman
Sources Of Data For Victimology, Albert D. Biderman
Journal of Criminal Law and Criminology
No abstract provided.