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Articles 1 - 30 of 53
Full-Text Articles in Law
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
All Faculty Scholarship
Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …
“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert
“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert
Faculty Publications and Presentations
The author argues that current "three-strikes" legislation does not have justice as its end-goal, because it is based in utilitarian philosophy.
Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard
Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard
Office for Policy Studies on Violence Against Women Publications
Using a sample of 1,010 women from a southeastern state university, we explore whether associations between fear of sexual assault and other crime-specific fears vary based on presumed victim-offender relationship. More specifically, we assess the extent to which fear of stranger- and acquaintance-perpetrated sexual assaults differ in the extent to which they are correlated with fear of other crime victimizations. Multivariate logistic regression analysis revealed that both fear of stranger-perpetrated sexual assault and fear of acquaintance- perpetrated sexual assault were positively associated with nearly all other crimespecific fears under examination. However, associations were particularly strong between fear of sexual assault …
Tax Fraud, Money Laundering And The Financing Of Organized Crime, Erin Todisco
Tax Fraud, Money Laundering And The Financing Of Organized Crime, Erin Todisco
Honors Projects
Demonstrates that tax fraud and money laundering are major means of financing organized crime operations and argues that more aggressive enforcement of the tax code and money laundering legislation are necessary to help stop such crime.
Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran
Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran
Department of Justice Studies Faculty Scholarship and Creative Works
An increasing number of scholars and activists have begun to tackle a variety of issues relevant to environmental justice studies. This study attempts to address the role of criminologists in this domain. The authors examine 425 environmental justice articles in 204 academic journals, representing 18 programs/departments between 1970 and 2003. First, they measure the environmental justice contributions in the literature by academic department or activist affiliation. Second, they identify the major themes in the literature as they have developed and reveal the current and future directions of environmental justice studies. Such themes include the spatial distribution of hazards, social movements, …
Partial Ban On Plea Bargains, Oren Gazal
Partial Ban On Plea Bargains, Oren Gazal
Oren Gazal-Ayal
The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …
The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming
The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming
Journal of Criminal Law and Criminology
No abstract provided.
Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney
Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney
Journal of Criminal Law and Criminology
No abstract provided.
In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey
In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey
Journal of Criminal Law and Criminology
No abstract provided.
The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song
The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song
Journal of Criminal Law and Criminology
No abstract provided.
The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan
The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan
Journal of Criminal Law and Criminology
No abstract provided.
Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs
Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs
Journal of Criminal Law and Criminology
No abstract provided.
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky
Journal of Criminal Law and Criminology
No abstract provided.
Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger
Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger
Journal of Criminal Law and Criminology
No abstract provided.
Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport
Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson
Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson
Journal of Criminal Law and Criminology
No abstract provided.
Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto
Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto
Journal of Criminal Law and Criminology
No abstract provided.
A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard
A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard
Journal of Criminal Law and Criminology
No abstract provided.
Anglo-American Privacy And Surveillance, Laura K. Donohue
Anglo-American Privacy And Surveillance, Laura K. Donohue
Journal of Criminal Law and Criminology
No abstract provided.
Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson
Intimacy And Violence: Exploring The Role Of Victim-Defendant Relationship In Criminal Law, Myrna Dawson
Journal of Criminal Law and Criminology
No abstract provided.
Assessing The Relative Effects Of State Direct File Waiver Laws On Violent Juvenile Crime: Deterrence Or Irrelevance, Benjamin Steiner, Emily Wright
Assessing The Relative Effects Of State Direct File Waiver Laws On Violent Juvenile Crime: Deterrence Or Irrelevance, Benjamin Steiner, Emily Wright
Journal of Criminal Law and Criminology
No abstract provided.
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Journal of Criminal Law and Criminology
No abstract provided.
Law And The Parameters Of Acceptable Deviance, Mark A. Edwards
Law And The Parameters Of Acceptable Deviance, Mark A. Edwards
Journal of Criminal Law and Criminology
No abstract provided.
Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling
Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling
Journal of Criminal Law and Criminology
No abstract provided.
Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld
Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld
Journal of Criminal Law and Criminology
No abstract provided.
Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell
Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell
Liz Campbell
This article considers the powers of the Criminal Assets Bureau (CAB) in the context of revenue law, as this lesser-known aspect of the Bureau’s work is often overshadowed by its ability to seize and confiscate the proceeds of crime. Although the taxing of illegal profits was traditionally precluded in Ireland, this situation was altered in the early-1980s, thereby facilitating CAB’s revenue work. Despite CAB’s significant powers in this regard, the courts have overturned its tax assessments in a number of cases, on the basis that certain criteria pertaining to its tax powers have been breached. Nevertheless, CAB’s ability to pursue …
The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell
The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell
Liz Campbell
The issue of witness intimidation has gained currency in the Irish criminal justice system in recent years with the increase in so-called “gangland” crime. The brutal treatment used by organised criminals to resolve gangland feuds is echoed in the threats received by individuals who seek to testify against suspected organised criminals. This article examines various approaches have been adopted by the State to ensure that the evidence of threatened witnesses may be used in court. While some witnesses may participate in the Witness Protection Programme (WPP), others may give evidence by means of video-camera. In addition, even if an intimidated …
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Liz Campbell
Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and …