Law Commons^™

Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel

Articles by Maurer Faculty

No abstract provided.

Gender And Crime: Offense Patterns And Criminal Court Sanctions, Ilene H. Nagel, John Hagan

Articles by Maurer Faculty

The relation between gender and criminality is strong, and is likely to remain so. Women have traditionally been much less likely than men to commit violent crimes, and that pattern persists today. Rates of female involvement in some forms of property crime-notably petty theft and fraud-appear to be increasing. However, while the relative increase in women's property crime involvement is significant, female participation even in these crimes remains far less than that of men.

The relation of gender to case processing decisions in the criminal justice system varies from stage to stage. Although the pertinent literature is plagued by methodological …

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Exclusionary Rule In Germany, Craig M. Bradley

Articles by Maurer Faculty

The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …

Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan

Articles by Maurer Faculty

Combining elements of “response as outcome” studies and “response as process” studies overcomes deficiencies resulting from methodological bifurcation, improves our understanding of court outcomes, and leads to theoretical transformation. Using observational and in-depth interview data to inform hypotheses and to create contextual variables, we develop and test models of the pretrial release decision for federal defendants. These models suggest that the emphasis in outcome research on defendants' ascribed status characteristics has been exaggerated. It is asserted that too little attention has been devoted to processual factors, including labeling, and to jurisdictional and organizational factors determining court outcomes.