Criminal Law Commons^™

The Deterrent Effect Of Death Penalty Eligibility: Evidence From The Adoption Of Child Murder Eligibility Factors, Michael D. Frakes, Matthew Harding

Faculty Scholarship

We draw on within-state variations in the reach of capital punishment statutes between 1977 and 2004 to identify the deterrent effects associated with capital eligibility. Focusing on the most prevalent eligibility expansion, we estimate that the adoption of a child murder factor is associated with an approximately 20% reduction in the homicide rate of youth victims. Eligibility expansions may enhance deterrence by (1) paving the way for more executions and (2) providing prosecutors with greater leverage to secure enhanced non-capital sentences. While executions themselves are rare, this latter channel is likely to be triggered fairly regularly, providing a reasonable basis …

Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Carrie E. Reynolds, Cynthia J. Najdowski, Jessica M. Salerno, Margaret C. Stevenson, Tish R.A. Wiley, Bette L. Bottoms

Psychology Faculty Scholarship

Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …

Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana

Journal of Criminal Law and Criminology

No abstract provided.

A Relational Sixth Amendment During Interrogation, Brooks Holland

Journal of Criminal Law and Criminology

No abstract provided.

Blue Sky Steroids, Geoffrey Rapp

Journal of Criminal Law and Criminology

No abstract provided.

The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen

Journal of Criminal Law and Criminology

No abstract provided.

Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist

Journal of Criminal Law and Criminology

No abstract provided.

Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway

Journal of Criminal Law and Criminology

No abstract provided.

The Cognitive Psychology Of Mens Rea, Kevin Jon Heller

Journal of Criminal Law and Criminology

No abstract provided.

Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo

Journal of Criminal Law and Criminology

No abstract provided.

Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock

Journal of Criminal Law and Criminology

No abstract provided.

What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet

Journal of Criminal Law and Criminology

No abstract provided.

When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price

Journal of Criminal Law and Criminology

No abstract provided.

Foreword

Journal of Criminal Law and Criminology

No abstract provided.

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Journal of Criminal Law and Criminology

No abstract provided.

The Criminalization Of Poverty, Kaaryn Gustafson

Journal of Criminal Law and Criminology

No abstract provided.

Legal Disparities In The Capital Of Capital Punishment, Scott Phillips

Journal of Criminal Law and Criminology

No abstract provided.

The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave

Journal of Criminal Law and Criminology

No abstract provided.

Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista

Journal of Criminal Law and Criminology

No abstract provided.

Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason

Journal of Criminal Law and Criminology

No abstract provided.

Strategery's Refuge, Christopher Seeds

Journal of Criminal Law and Criminology

No abstract provided.

The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger

Journal of Criminal Law and Criminology

No abstract provided.

Aces And Eights: Why The Unlawful Internet Gambling Enforcement Act Resides In Dead Man's Land In Attempting To Further Curb Online Gambling And Why Expanded Criminalization If Preferable To Legalization, Jonathan Conon

Journal of Criminal Law and Criminology

No abstract provided.

Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle

Journal of Criminal Law and Criminology

No abstract provided.

Duress And The Underlying Felony, Russell Shankland

Journal of Criminal Law and Criminology

No abstract provided.

The C.A.P. Effect: Racial Profiling In The Ice Criminal Alien Program, Trevor George Gardner, Aarti Kohli

Scholarship@WashULaw

The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. Indeed, the U.S. Congress has made clear that Immigration and Customs Enforcement (ICE) “should have no greater immigration enforcement priority than to remove deportable aliens with serious criminal histories from the United States…” The Warren Institute’s analysis of arrest data pursuant to an ICE-local partnership in Irving, Texas demonstrates that ICE is not following Congress’ mandate to focus resources on the deportation of immigrants with serious criminal histories.

This study also shows that immediately after Irving, Texas …

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt

Faculty Scholarship

This chapter presents an authoritative overview of punishment, with particular emphasis on the limits of reason and the virtue of randomization. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the Enlightenment ideal of social engineering through punishment and the role of chance in the administration of criminal justice.

I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds

William & Mary Law Review

No abstract provided.

Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews

Criminal Justice Faculty Research

Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …

Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur

All Faculty Scholarship

This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …