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Full-Text Articles in Law
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 …
The Innocent Defendant's Dilemma: An Innovative Empirical Study Of Plea Bargaining's Innocence Problem, Lucian E. Dervan, Vanessa A. Edkins Ph.D.
The Innocent Defendant's Dilemma: An Innovative Empirical Study Of Plea Bargaining's Innocence Problem, Lucian E. Dervan, Vanessa A. Edkins Ph.D.
Journal of Criminal Law and Criminology
In this Article, Professors Dervan and Edkins discuss a recent psychological study they completed regarding plea bargaining and innocence. The study, involving dozens of college students and taking place over several months, revealed that more than half of the innocent participants were willing to falsely admit guilt in return for a benefit. These research findings bring significant new insights to the long-standing debate regarding the extent of plea bargaining’s innocence problem. The Article also discusses the history of bargained justice and examines the constitutional implications of the study’s results on plea bargaining, an institution the Supreme Court reluctantly approved of …
Privacy Versus Security, Derek E. Bambauer
Privacy Versus Security, Derek E. Bambauer
Journal of Criminal Law and Criminology
No abstract provided.
Foreword, Lily Katz
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.
The Search For A Constitutional Justification For The Noncommercial Prong Of 18 U.S.C. § 2423(C), Jessica E. Notebaert
The Search For A Constitutional Justification For The Noncommercial Prong Of 18 U.S.C. § 2423(C), Jessica E. Notebaert
Journal of Criminal Law and Criminology
No abstract provided.
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 …
Compensation Statutes And Post-Exoneration Offending, Evan J. Mandery, Amy Shlosberg, Valerie West, Bennett Callaghan
Compensation Statutes And Post-Exoneration Offending, Evan J. Mandery, Amy Shlosberg, Valerie West, Bennett Callaghan
Journal of Criminal Law and Criminology
No abstract provided.
Walking Firearms To Gunrunners: Atf’S Flawed Operation In A Flawed System, Michael Krantz
Walking Firearms To Gunrunners: Atf’S Flawed Operation In A Flawed System, Michael Krantz
Journal of Criminal Law and Criminology
No abstract provided.
Order, Technology, And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Order, Technology, And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Journal of Criminal Law and Criminology
No abstract provided.
Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw
Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw
Journal of Criminal Law and Criminology
No abstract provided.
Fighting Cybercrime After United States V. Jones, David Gray, Danielle Keats Citron, Liz Clark Rinehart
Fighting Cybercrime After United States V. Jones, David Gray, Danielle Keats Citron, Liz Clark Rinehart
Journal of Criminal Law and Criminology
No abstract provided.
U.S. Supreme Court Decisions And Sex Offender Legislation: Evidence Of Evidence-Based Policy?, Christina Mancini, Daniel P. Mears
U.S. Supreme Court Decisions And Sex Offender Legislation: Evidence Of Evidence-Based Policy?, Christina Mancini, Daniel P. Mears
Journal of Criminal Law and Criminology
No abstract provided.
Humiliation, Degradation, Penetration: What Legislatively Required Pre-Abortion Transvaginal Ultrasounds And Rape Have In Common, Kelsey Anne Green
Humiliation, Degradation, Penetration: What Legislatively Required Pre-Abortion Transvaginal Ultrasounds And Rape Have In Common, Kelsey Anne Green
Journal of Criminal Law and Criminology
No abstract provided.
"Dearest Property": Digital Evidence And The History Of Private "Papers" As Special Objects Of Search And Seizure, Donald A. Dripps
"Dearest Property": Digital Evidence And The History Of Private "Papers" As Special Objects Of Search And Seizure, Donald A. Dripps
Journal of Criminal Law and Criminology
No abstract provided.
When Innocent Defendants Falsely Confess: Analyzing The Ramifications Of Entering Alford Pleas In The Context Of The Burgeoning Innocence Movement, Sydney Schneider
When Innocent Defendants Falsely Confess: Analyzing The Ramifications Of Entering Alford Pleas In The Context Of The Burgeoning Innocence Movement, Sydney Schneider
Journal of Criminal Law and Criminology
No abstract provided.
Disparities In Postconviction Remedies For Those Who Plead Guilty And Those Convicted At Trial: A Survey Of State Statutes And Recommendations For Reform, Rebecca Stephens
Disparities In Postconviction Remedies For Those Who Plead Guilty And Those Convicted At Trial: A Survey Of State Statutes And Recommendations For Reform, Rebecca Stephens
Journal of Criminal Law and Criminology
No abstract provided.
Child Pornography And The Restitution Revolution, Cortney E. Lollar
Child Pornography And The Restitution Revolution, Cortney E. Lollar
Journal of Criminal Law and Criminology
No abstract provided.
Structural Overdelegation In Criminal Procedure, Anthony O’Rourke
Structural Overdelegation In Criminal Procedure, Anthony O’Rourke
Journal of Criminal Law and Criminology
No abstract provided.
Leveraging Death, Sherod Thaxton
Leveraging Death, Sherod Thaxton
Journal of Criminal Law and Criminology
No abstract provided.
Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosiac Approach, Stephen E. Henderson
Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosiac Approach, Stephen E. Henderson
Journal of Criminal Law and Criminology
No abstract provided.
Cybersurveillance Without Restraint? The Meaning And Social Value Of The Probable Cause And Reasonable Suspicion Standards In Governmental Access To Third-Party Electronic Records, Andrew E. Taslitz
Journal of Criminal Law and Criminology
No abstract provided.
Adventures On The Autobahn And Infobahn: United States V. Jones, Mandatory Data Retention, And A More Reasonable “Reasonable Expectation Of Privacy”, John A. Stratford
Adventures On The Autobahn And Infobahn: United States V. Jones, Mandatory Data Retention, And A More Reasonable “Reasonable Expectation Of Privacy”, John A. Stratford
Journal of Criminal Law and Criminology
No abstract provided.
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.
Differences In Punitiveness Across Three Cultures: A Test Of American Exceptionalism In Justice Attitudes, Matthew B. Kugler, Friederike Funk, Judith Braun, Mario Gollwitzer, Aaron C. Kay, John M. Darley
Differences In Punitiveness Across Three Cultures: A Test Of American Exceptionalism In Justice Attitudes, Matthew B. Kugler, Friederike Funk, Judith Braun, Mario Gollwitzer, Aaron C. Kay, John M. Darley
Journal of Criminal Law and Criminology
No abstract provided.
The Iron Curtain: Alabama's Practice Of Excluding Inmates From Parole Release Hearings And Its Flawed Underpinnings, Erin Lange Ramamurthy
The Iron Curtain: Alabama's Practice Of Excluding Inmates From Parole Release Hearings And Its Flawed Underpinnings, Erin Lange Ramamurthy
Journal of Criminal Law and Criminology
No abstract provided.