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Articles 61 - 90 of 6465
Full-Text Articles in Entire DC Network
Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel
Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel
Journal of Criminal Law and Criminology
No abstract provided.
An Ideological Odyssey: Evolution Of A Reformer, Rob Warden
An Ideological Odyssey: Evolution Of A Reformer, Rob Warden
Journal of Criminal Law and Criminology
No abstract provided.
Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus
Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus
Journal of Criminal Law and Criminology
This paper reviews sources of distortion in memory for sexual encounters, particularly those between intoxicated participants. We review factors leading to initial misinterpretations of sexual consent including the indirect nature of sexual consent communications, misleading cultural sexual scripts, misinterpretation of passivity, and others. In this context, we consider the way in which alcohol can both contribute to initial misunderstanding and promote specific distortions in memory over time. Finally, we discuss additional influences on memory, including motivations related to self-esteem, self-concept maintenance, or litigation, and the effects of social influence from sources such as friends, forensic interviewers or therapists.
The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie
The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie
Journal of Criminal Law and Criminology
This article addresses a prosecutor’s development of new and bizarre theories, particularly in cases involving confession evidence, to explain away exculpatory DNA results. In Juan Rivera’s case, the prosecutor’s theory for why sperm found inside the 11-year-old victim on the day she was murdered did not belong to Rivera was that she had sex with someone before Rivera came along and raped (but did not ejaculate) and murdered her. The unnamed-lover theory is used so often by prosecutors that it has a moniker: “the unindicted co-ejaculator.” In the case of the Dixmoor Five, teenagers convicted of the rape and murder …
The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley
The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley
Journal of Criminal Law and Criminology
While most prosecutors adhere to the maxim that their primary task is to obtain just results, there are some who violate their ethical responsibilities in order to rack up convictions. This article describes the distressing, decades-long absence of discipline imposed on prosecutors whose knowing misconduct has resulted in terrible injustices being visited upon defendants throughout the country. Many honorable lawyers have failed to speak out about errant prosecutors, thus enabling their ethical breaches. The silent accessories include practicing lawyers and judges of trial and reviewing courts who, having observed prosecutorial misconduct, failed to take corrective action. Fault also lies with …
Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal
Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal
Journal of Criminal Law and Criminology
Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …
Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver
Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver
Journal of Criminal Law and Criminology
Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …
Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler
Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler
Journal of Criminal Law and Criminology
Often, discussions of wrongful convictions focus almost entirely on the wrongfully convicted and ignore two important constituencies: prosecutors and crime victims. Both constituencies have unique connections to wrongful convictions and should be recognized as potentially powerful allies for change. Prosecutors are deeply committed to justice and to the outcomes of their cases; they can help identify and correct wrongful convictions and introduce policies to avoid wrongful convictions in the first place. Wrongful convictions matter to crime victims because convicting the wrong person leaves the real perpetrator free to commit more crimes, creates a new, innocent victim, and drains resources that …
Paternal Incarceration And Adolescent Well-Being: Life Course Contingencies And Other Moderators, Raymond R. Swisher, Unique R. Shaw-Smith
Paternal Incarceration And Adolescent Well-Being: Life Course Contingencies And Other Moderators, Raymond R. Swisher, Unique R. Shaw-Smith
Journal of Criminal Law and Criminology
No abstract provided.
Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers, Philip J Cook, Richard J. Harris, Jens Ludwig, Harold A. Pollack
Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers, Philip J Cook, Richard J. Harris, Jens Ludwig, Harold A. Pollack
Journal of Criminal Law and Criminology
No abstract provided.
Forward: The Past And Future Of Guns, James Lindgren
Forward: The Past And Future Of Guns, James Lindgren
Journal of Criminal Law and Criminology
No abstract provided.
Extending Sentencing Mitigation For Deserving Young Adults, Kelsey B. Shust
Extending Sentencing Mitigation For Deserving Young Adults, Kelsey B. Shust
Journal of Criminal Law and Criminology
No abstract provided.
The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker
The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker
Journal of Criminal Law and Criminology
No abstract provided.
Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath
Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath
Journal of Criminal Law and Criminology
No abstract provided.
An Empirical Assessment Of Corporate Environmental Crime-Control Strategies, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen, Michael Vandenbergh
An Empirical Assessment Of Corporate Environmental Crime-Control Strategies, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen, Michael Vandenbergh
Journal of Criminal Law and Criminology
Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and-control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in a …
Predisposition And Positivism: The Forgotten Foundations Of The Entrapment Doctrine, T. Ward Frampton
Predisposition And Positivism: The Forgotten Foundations Of The Entrapment Doctrine, T. Ward Frampton
Journal of Criminal Law and Criminology
For the past eighty years, the entrapment doctrine has provided a legal defense for defendants facing federal prosecution, but only for those lacking criminal “predisposition” prior to the government’s inducement. The peculiar contours of this doctrine have generated significant academic debate, yet this scholarship has failed to explain why the entrapment doctrine developed as it did in the first instance. This Article addresses this gap by examining competing views on criminality and punishment in America during the doctrine’s emergence, highlighting the significant, though largely forgotten, impact of positivist criminology on the early twentieth-century legal imagination. Though positivism has long since …
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
Journal of Criminal Law and Criminology
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psycho logical deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious …
Rethinking The Use Of Community Supervision, Cecelia Klingele
Rethinking The Use Of Community Supervision, Cecelia Klingele
Journal of Criminal Law and Criminology
No abstract provided.
Nudging The Justice System Toward Better Decisions, Edie Greene, Brian H. Bornstein
Nudging The Justice System Toward Better Decisions, Edie Greene, Brian H. Bornstein
Journal of Criminal Law and Criminology
No abstract provided.
Beyond Procedural Justice: A Dialogic Approach To Legitimacy In Criminal Justice, Anthony Bottoms, Justice Tankebe
Beyond Procedural Justice: A Dialogic Approach To Legitimacy In Criminal Justice, Anthony Bottoms, Justice Tankebe
Journal of Criminal Law and Criminology
No abstract provided.
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan
Journal of Criminal Law and Criminology
No abstract provided.
Prosecutorial Decriminalization, Erik Luna
Prosecutorial Decriminalization, Erik Luna
Journal of Criminal Law and Criminology
No abstract provided.
Prosecution In 3-D, Kay L. Levine, Ronald F. Wright
Prosecution In 3-D, Kay L. Levine, Ronald F. Wright
Journal of Criminal Law and Criminology
No abstract provided.
Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster
Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster
Journal of Criminal Law and Criminology
No abstract provided.
The Search For Rapists’ “Real” Motives, David P. Bryden, Maren M. Grier
The Search For Rapists’ “Real” Motives, David P. Bryden, Maren M. Grier
Journal of Criminal Law and Criminology
No abstract provided.
Deviance, Risk, And Law: Reflections On The Demand For The Preventive Detention Of Suspected Terrorists, Joseph Margulies
Deviance, Risk, And Law: Reflections On The Demand For The Preventive Detention Of Suspected Terrorists, Joseph Margulies
Journal of Criminal Law and Criminology
No abstract provided.
Mental Disorder And Criminal Law, Stephen J. Morse
Mental Disorder And Criminal Law, Stephen J. Morse
Journal of Criminal Law and Criminology
No abstract provided.
Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer
Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer
Journal of Criminal Law and Criminology
No abstract provided.
A Century Of Criminal Law And Criminology, Amy Deline
A Century Of Criminal Law And Criminology, Amy Deline
Journal of Criminal Law and Criminology
No abstract provided.
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.