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Criminal Law

Journal of Criminal Law and Criminology

Journal

2013

Articles 1 - 26 of 26

Full-Text Articles in Law

Predisposition And Positivism: The Forgotten Foundations Of The Entrapment Doctrine, T. Ward Frampton Jan 2013

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. Jan 2013

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 Jan 2013

Privacy Versus Security, Derek E. Bambauer

Journal of Criminal Law and Criminology

No abstract provided.


Foreword, Lily Katz Jan 2013

Foreword, Lily Katz

Journal of Criminal Law and Criminology

No abstract provided.


Nudging The Justice System Toward Better Decisions, Edie Greene, Brian H. Bornstein Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

"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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

Structural Overdelegation In Criminal Procedure, Anthony O’Rourke

Journal of Criminal Law and Criminology

No abstract provided.


Leveraging Death, Sherod Thaxton Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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.