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Full-Text Articles in Law

Criminology: A Reader's Guide, Bruce P. Archibald Apr 1993

Criminology: A Reader's Guide, Bruce P. Archibald

Dalhousie Law Journal

As a journeyman law teacher, sometime sociologist, enthusiastic law reformer, and an occasional dabbler in criminology and comparative law, this volume came to me like manna from heaven. It's an intelligent catalogue of almost all I ever wanted to know but most often never had time to read. Modestly called "a reader's guide", this book will serve a multitude of purposes for anyone with an interest in criminology. It is an excellent starting point for the student wishing to commence research on nearly any serious criminological topic. Criminal justice professionals who wish to step out of their narrow niche and …


The Movement Toward Statute-Based Conspiracy Law In The United Kingdom And The United States, Kenneth A. David Feb 1993

The Movement Toward Statute-Based Conspiracy Law In The United Kingdom And The United States, Kenneth A. David

Vanderbilt Journal of Transnational Law

A single criminal charge of conspiracy, because it simultaneously involves an inchoate as well as a substantive offense, is characterized by a duality that for years has created confusion and uncertainty as to the proper prosecution and punishment for the crime. The author of this Note places responsibility for this confusion primarily on the judges whose rulings have produced a highly incoherent body of common law and secondarily on the complacent legislatures that have allowed judicial interpretation to shape conspiracy law in a haphazard manner.

The Note compares the approaches to conspiracy law taken by the United Kingdom and the …


Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias Jan 1993

Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias

Fordham Urban Law Journal

The HIV epidemic is almost a decade old and it is estimated that one million to two million Americans are infected. Nevertheless, too often it has been irrational fears of contagion and disapproval of the subcultures associated with the illness that have driven society's response to the epidemic. Has the legal community, which prides itself on being governed by due process and rationality, reacted any differently than society at large? To what degree have legal decisions and policies been governed by fear, prejudice, and ignorance rather than by science and sound public policy? This Essay will explore the response of …


Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page Jan 1993

Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page

Fordham Urban Law Journal

This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …