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Full-Text Articles in Law
Offenders And Sorn Laws, Amanda Agan, J.J. Prescott
Offenders And Sorn Laws, Amanda Agan, J.J. Prescott
Book Chapters
Chapter 7 describes what we know about the effects of SORN laws on criminal behavior. A coherent story emerges from this review: there is virtually no evidence that SORN laws reduce recidivism or otherwise increase public safety. The chapter first delineates the various ways registration and notification alter the legal environment not only for registrants but also for nonregistrants, the public, and law enforcement. There are many channels through which SORN laws might impact the frequency of sex offenses, including some that would produce an increase in overall offending. The chapter assesses these possibilities in light of a large body …
Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott
Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott
Articles
The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …
Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern
Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern
Faculty Scholarship
Federal and state law confers broad discretion on courts to administer the criminal laws, impose powerful penalties, and leave serious criminal behavior unpunished. Each time an appellate court reviews a criminal verdict, it performs an important systemic function of regulating the exercise of that power. Trial courts do the same when, for example, they admit or exclude evidence generated by government investigators. For decades, judicial decisions of this sort have been guided by case law made during the Supreme Court's Criminal Procedure Revolution of the 1960s and 1970s. It is becoming increasingly clear, however, that the rule-bound, essentially bureaucratic regulatory …
Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel
Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel
Studio for Law and Culture
In the six weeks from mid-July to early September 1912, about a third of the 389 men whom guards escorted through the front doors of the Rio de Janeiro city jail had been arrested for vagrancy, or in Portuguese vadiagem, an infraction whose etymological connection to the word “vague” is not a coincidence. These men remained in detention for between five days and over a year, accused by arresting police officers of having committed the crime of doing nothing. As they awaited trial or, for the least fortunate, transportation to an offshore penal colony, they shared the crowded space …
"A Strange Liking": Our Admiration For Criminals, Martha Grace Duncan
"A Strange Liking": Our Admiration For Criminals, Martha Grace Duncan
Faculty Articles
This article explores noncriminals' admiration for the lawbreaker. Drawing on literature, films, history, and psychoanalysis, the article seeks to delineate and explain this paradox. Each part of the article adopts a different approach to the subject of admiration for criminals. Part II, "Reluctant Admiration," sets the stage by presenting evidence that such admiration, and conflict over it, are pervasive. Parts III and IV present two quite different strategies that noncriminals employ to cope with their inner conflict over criminality. Thus, Part III, "Rationalized Admiration," depicts noncriminals who express undisguised enjoyment in, and reverence for, criminals. These noncriminals justify their attraction …
Standards For Organizational Probation: A Proposal To The United States Sentencing Commission, John C. Coffee Jr., Richard Gruner, Christopher D. Stone
Standards For Organizational Probation: A Proposal To The United States Sentencing Commission, John C. Coffee Jr., Richard Gruner, Christopher D. Stone
Faculty Scholarship
This proposal was prepared by the authors in their capacities as consultants to the United States Sentencing Commission. It has not been adopted or endorsed by the Commission. If adopted, the proposal would constitute Part D(2) of the Sentencing Commission's Organizational Sentencing Guidelines (to be continued in Chapter 8 of the Commission's Guidelines Manual).
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Whereas previous analyses of criminal deterrence have focused on the effect of criminal enforcement on crime rates, this study analyzes the existence of compensating differentials for criminal pursuits. By analyzing the risk-rewards trade-off, this approach represents a more comprehensive test of the criminal deterrence hypothesis. The sample consisted of black inner-city youths who reported their crime participation, crime income, and self-assessed risks from crime. The risk premiums for the three principal adverse outcomes (arrest, conviction, and prison) constituted between one-half and two-thirds of all crime income on the average, providing strong support for the criminal deterrence hypothesis
Societal Reaction To Deviants: The Case Of Criminal Defendants, Ilene Nagel Bernstein, William R. Kelly, Patricia A. Doyle
Societal Reaction To Deviants: The Case Of Criminal Defendants, Ilene Nagel Bernstein, William R. Kelly, Patricia A. Doyle
Articles by Maurer Faculty
Recent reformulations of the societal reaction theory argue that the thesis is a perspective rather than a theory, and that the perspective is meant to provide a set of sensitizing concepts to those researching deviance. This research examines the degree of congruence between hypotheses deduced from those assertions and a set of real world occurrences. Data for a sample of male defendants charged with felony offenses are examined to estimate the effects of (1) deviants' social attributes, (2) the specific societal reactors, (3) the values placed on certain offenses and (4) the organizational imperatives of the deviance-controlling organization, controlling for …
Crime As Social Reality, Jerome Hall