Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Law and Procedure (5)
- False confessions (3)
- Interrogation (3)
- Law enforcement (3)
- Police (3)
-
- Constitution (2)
- Criminal Law (2)
- False confession (2)
- Interrogations (2)
- Problem-solving Courts (2)
- Selected Professional Activities (2)
- Sentencing (2)
- Wrongful convictions (2)
- Abolitionism (1)
- Al-Kidd (1)
- Ashcroft (1)
- Authority (1)
- Beneficence (1)
- Coercion error (1)
- Complicity (1)
- Confessions (1)
- Contamination error (1)
- Crime (1)
- Crime rates (1)
- Criminal (1)
- Criminal Theory (1)
- Criminal justice (1)
- Criminal offenders (1)
- Criminal offenses (1)
- Criminal procedure (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert M. Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Richard C. Boldt
This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …
A Circumspect Look At Problem-Solving Courts, Richard Boldt
A Circumspect Look At Problem-Solving Courts, Richard Boldt
Richard C. Boldt
No abstract provided.
Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver
Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver
Wesley M Oliver
The United States Court of Appeals for the Ninth Circuit recently held that a lawsuit could proceed against John Ashcroft in his individual capacity for the way he detained material witnesses after the Terror of September 11, 2001. Ashcroft allegedly used those he believed to be terrorist suspects as material witnesses when he lacked adequate suspicion to bring formal charges. All of these “witnesses” otherwise qualified for detention under the federal material witness detention statute. The Ninth Circuit concluded that this “pretextual” use of the material witness detention statute clearly violated the Fourth Amendment as it circumvented the probable cause …
The Adventure Continues, Steven Chanenson
Rethinking Immigration Detention, Anil Kalhan
Rethinking Immigration Detention, Anil Kalhan
Anil Kalhan
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …
Sentencing Beyond Our Borders, Steven Chanenson
Sentencing Beyond Our Borders, Steven Chanenson
Steven L. Chanenson
No abstract provided.
Selling Confession: Setting The Stage With The "Sympathetic Detective With A Time-Limited Offer", Richard Leo, Deborah Davis, William C. Follette
Selling Confession: Setting The Stage With The "Sympathetic Detective With A Time-Limited Offer", Richard Leo, Deborah Davis, William C. Follette
Richard A. Leo
The effectiveness of an interrogation tactic dubbed the “sympathetic detective with a time limited offer” was tested. Participants read two versions of an interrogation transcript, with and without the tactic. Those who read the sympathetic detective version believed the detective had greater authority to determine whether and with what to charge the suspect, more beneficent intentions toward the suspect, and viewed confession as more wise. However, regression analyses indicated that for innocent suspects, only perceptions of the strength of evidence against the suspect and the detective’s beneficence and authority predicted the perceived wisdom of false confession. Interrogation tactics were generally …
Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey
Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey
Michelle Madden Dempsey
This article provides an overview of the feminist abolitionist response to sex trafficking and defends criminalizing the purchase of sex on grounds of complicity and endangerment.
Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow
Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow
R. Michael Cassidy
The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Michelle Madden Dempsey
This is a book review of Larry May and Zachary Hoskins, eds., International Criminal Law and Philosophy (Cambridge University Press, 2010).
The "Tomahawk" And The "Healing Balm": Drug Treatment Courts In Theory And Practice, Richard Boldt
The "Tomahawk" And The "Healing Balm": Drug Treatment Courts In Theory And Practice, Richard Boldt
Richard C. Boldt
More than 2,000 drug courts now operate throughout the U. S. and in a number of other countries. Hundreds of other problem-solving courts derived in one way or another from drug courts are also in operation. The data seem to indicate that drug courts increase the retention rate of clients in treatment and, for those participants who complete the program, may lead to reduced rates of either re-arrest or re-conviction relative to control groups of substance misusing offenders processed through the traditional criminal system. There is, however, considerable variation in outcome associated with offender characteristics and local institutional practice. Consequently, …
The Disconnect Between Assessment And Intervention In The Risk Management Of Criminal Offenders, David Dematteo, Elizabeth Hunt, Ashley Batastini, Casey Laduke
The Disconnect Between Assessment And Intervention In The Risk Management Of Criminal Offenders, David Dematteo, Elizabeth Hunt, Ashley Batastini, Casey Laduke
David DeMatteo
Although research suggests that risk/needs assessment and intervention models may be effective in reducing recidivism, there is emerging evidence that risk management interventions commonly used with various groups of offenders are not based on a proper assessment of offenders’ criminogenic needs. In this paper, we examine the apparent disconnect between assessment and treatment among various groups of offenders, including sex, juvenile, mentally ill, drug-involved, and female. As will be discussed, research in these areas suggests that interventions commonly used with these specific groups of offenders may not be targeting appropriate criminogenic needs, which may be attenuating the effectiveness of the …
Commentary On Predicting Crime, Tom Bell
Commentary On Predicting Crime, Tom Bell
Tom W. Bell
The market mechanisms proposed in Predicting Crime offer many virtues. The authors describe several of these—unbiased information collection; incentives that encourage disclosure; opinions weighted by conviction; information aggregation; instantaneous and continuous feedback—and convincingly argue that these structural features stand to help prediction markets outperform alternative institutions in forecasting the interplay of crime rates and crime polices. In that, Predicting Crime adopts an economic point of view and speaks in terms of practical experience. After all, similar structural features have already appeared in other successful prediction markets, such as those offering trading in claims about the weather, flu outbreaks, or box …
The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin
The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin
Richard A. Leo
Research has demonstrated that false confessors whose cases are not dismissed before trial are often convicted despite their innocence. In order to prevent such wrongful convictions, criminal justice officials must better understand the role that false confessions play in creating and perpetuating miscarriages of justice. This chapter examines police-induced false confessions and analyzes three sequential errors that occur in the social production of every false confession: investigators first misclassify an innocent person as guilty; they next subject him to a guilt-presumptive, accusatory interrogation that invariably involves lies about evidence and often the repeated use of implicit and/or explicit promises and …
The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig
The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig
Richard A. Leo
In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal-procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar passionately …
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour
Richard A. Leo
The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politik and an acknowledgement that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …
Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo
Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo
Richard A. Leo
This article identifies some fundamentally mistaken assumptions underlying admissibility decisions favoring disposition-related expert testimony regarding individual vulnerability to false confession over situation-based testimony describing how the context or nature of interrogation can promote false confessions. The authors argue that it is important to understand both the forces of influence within police interrogations and the individual differences that enhance vulnerability to these forces. Most false confessions occur in the context of interrogation and in response to the sources of distress and persuasive tactics of the interrogation. For this reason, this article suggests that experts asked to evaluate an interrogation-induced confession should …
Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich
Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich
Richard A. Leo
Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence confessions and their effects on juries. We concluded with a call for the mandatory electronic recording of interrogations and a consideration of other possible reforms. The preceding commentaries make important substantive points that can lead us forward—on the effects of videotaping of interrogations on case dispositions; on the study of non-custodial methods, such as the controversial Mr. Big technique; and on an analysis of why confessions, once withdrawn, elicit such intractable responses compared to statements given by child and adult victims. Toward these ends, we …
Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo
Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo
Richard A. Leo
In response to increasing evidence that police interrogation procedures can and do elicit false confessions from innocent suspects, American Courts have offered guidelines intended to protect suspects from coercive interrogations and to ensure the voluntariness and reliability of any confessions obtained. However, faced with legal prohibitions against police promotion of suspect confessions through use of physical coercion or explicit incentives for confession, American police interrogation tactics have evolved to rely on the use of pragmatic implication to nevertheless convey strong incentives for suspects to confess guilt—practices that have essentially diluted or circumvented the intended protections and that have continued to …
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo
Richard A. Leo
In this article the authors analyze a century of research on the causes and consequences of wrongful convictions in the American criminal justice system while explaining the many lessons of this body of work. This article chronicles the range of research that has been conducted on wrongful convictions; examines the common sources of error in the criminal justice system and their effects; suggests where additional research and attention are needed; and discusses methodological strategies for improving the quality of research on wrongful convictions. The authors argue that traditional sources of error (eyewitness misidentification, false confessions, perjured testimony, forensic error, tunnel …
Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, Richard Leo, K. Alexa Koenig
Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, Richard Leo, K. Alexa Koenig
Richard A. Leo
The use of torture during interrogations conducted by U.S. special forces, military police, CIA agents, the FBI, and private contractors during the War on Terror has been widely documented. While many chroniclers of the use of torture have characterized its use as a dramatic break from the past, the use of torture by American interrogators and the tacit sanctioning by U.S. officials are not new. The routine use of torture by American domestic police during the early part of the twentieth century has been largely ignored by scholars who study contemporary uses of torture in the international context. This chapter …
Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo
Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo
Richard A. Leo
Many cases could not be successfully prosecuted without a confession, and, in the absence of a confession, many would be much more costly to investigate and to develop other evidence sufficient to convict. Responding to this pressure to reliably elicit confessions from their suspects, the police have developed sophisticated psychological techniques to accomplish two goals: to induce suspects to submit to questioning without an attorney, and to induce them to confess. Unfortunately, these methods are sufficiently powerful to induce false as well as true confessions and to render them involuntary. Further, because they are based upon often subtle, yet sophisticated …