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Criminal Law

Journal

Loyola University Chicago, School of Law

2014

Articles 1 - 12 of 12

Full-Text Articles in Law

Opposing Viewpoints: Criminal Statutes Of Limitations In Childhood Sexual Abuse Cases, Victoria Carmona Jan 2014

Opposing Viewpoints: Criminal Statutes Of Limitations In Childhood Sexual Abuse Cases, Victoria Carmona

Children's Legal Rights Journal

No abstract provided.


The Evolution And Unintended Consequences Of Legal Responses To Childhood Sexual Abuse: Seeking Justice And Prevention, Alexandra Hunstein Roffman Jan 2014

The Evolution And Unintended Consequences Of Legal Responses To Childhood Sexual Abuse: Seeking Justice And Prevention, Alexandra Hunstein Roffman

Children's Legal Rights Journal

No abstract provided.


Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling Jan 2014

Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling

Children's Legal Rights Journal

No abstract provided.


Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment, Sarah Silins Jan 2014

Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment, Sarah Silins

Children's Legal Rights Journal

No abstract provided.


Introduction: Gun Violence Among Youth In Chicago, Amanda Crews Slezak Jan 2014

Introduction: Gun Violence Among Youth In Chicago, Amanda Crews Slezak

Children's Legal Rights Journal

No abstract provided.


Terry Stops, Anonymous Tips, And Driving Under The Influence: A Study Of Illinois Law, Charles Burns, Michael Conte Jan 2014

Terry Stops, Anonymous Tips, And Driving Under The Influence: A Study Of Illinois Law, Charles Burns, Michael Conte

Loyola University Chicago Law Journal

In the recent case of Navarette v. California, No. 12-9490 (U.S. Apr. 22, 2014), the United States Supreme Court held that an anonymous tip can support an investigatory stop in the absence of independent corroboration by the arresting officer under the Fourth Amendment to the United States Constitution. In the fourteen years between Navarette and Florida v. J.L., 529 U.S. 266 (2000), in which the Court last addressed anonymous tips, lower courts across the country struggled to determine how United States Supreme Court precedents on anonymous tips apply in the context of drunk or reckless driving. Illinois courts …


(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, Michael Cassidy Jan 2014

(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, Michael Cassidy

Loyola University Chicago Law Journal

This Article stakes out an ethical argument in favor of prosecutorial leadership on sentencing reform. Prosecutors have a duty as “ministers of justice” to go beyond seeking appropriate conviction and punishment in individual cases, and to think about the delivery of criminal justice on a systemic level―promoting criminal justice policies that further broader societal ends. While other authors have explored the tensions between a prosecutor’s adversarial duties and “minister of justice” role in the context of specific litigation, few have explored what it means to be an “administer” of justice in the wider political arena. The author sets forth a …


Around The World: A Comparison Of Approaches To Gun Homicides In The United States And Japan, Shay Raoofi Jan 2014

Around The World: A Comparison Of Approaches To Gun Homicides In The United States And Japan, Shay Raoofi

Children's Legal Rights Journal

No abstract provided.


Through A Child’S Eyes: Gun Violence Among Youth In Chicago, Melissa Anderson Jan 2014

Through A Child’S Eyes: Gun Violence Among Youth In Chicago, Melissa Anderson

Children's Legal Rights Journal

No abstract provided.


Undead Statutes: The Rise, Fall, And Continuing Uses Of Adultery And Fornication Criminal Laws, Joanne Sweeny Dr. Jan 2014

Undead Statutes: The Rise, Fall, And Continuing Uses Of Adultery And Fornication Criminal Laws, Joanne Sweeny Dr.

Loyola University Chicago Law Journal

Cohabitation is a reality for a majority of Americans. Nonmonogamous relationships are increasing over time, yet having a sexual relationship outside of marriage is illegal in a surprising number of states. Conservative groups or politicians also occasionally champion these laws, ensuring their longevity. This enduring conflict of values between the majority and a vocal minority is part of a cultural trend that has existed for centuries. From colonial times to the present, adultery and fornication laws have gone from being the most prolifically enforced to being virtually ignored by prosecutors and held to be unconstitutional invasions of privacy by judges. …


Going Retro: Abolition For All, Kevin Barry Jan 2014

Going Retro: Abolition For All, Kevin Barry

Loyola University Chicago Law Journal

The opening of the twenty-first century has seen a flurry of death penalty repeals. This development is encouraging, but only partly so. Amidst the cheers for abolition, there is an unfairness of the highest order: the maintenance of the death penalty for some, but not others, for no other reason than the date of their crimes. State legislatures are repealing the death penalty prospectively only, and these states’ executive branches are leaving their prisoners on death row. In New Mexico and Connecticut, a total of thirteen prisoners remain on death row after those states abolished the death penalty. Some states, …


Skepticism About Deterrence, Thomas S. Ulen Jan 2014

Skepticism About Deterrence, Thomas S. Ulen

Loyola University Chicago Law Journal

In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …