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Articles 1471 - 1500 of 7840

Full-Text Articles in Criminal Law

Book Review Jan 2005

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Richard Lindstrom, Peter Neumer Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Richard Lindstrom, Peter Neumer

Journal of Criminal Law and Criminology

No abstract provided.


Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna Jan 2005

Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna

Journal of Criminal Law and Criminology

No abstract provided.


Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik Jan 2005

Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik

Journal of Criminal Law and Criminology

No abstract provided.


Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg Jan 2005

Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg

Journal of Criminal Law and Criminology

No abstract provided.


When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg Jan 2005

When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2005

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman Jan 2005

Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman

Journal of Criminal Law and Criminology

No abstract provided.


Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares Jan 2005

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares

Faculty Scholarship

There is a rich intellectual history to the sociological study of crime and punishment that encompasses multiple and interrelated traditions. Some of these traditions trace their roots to the European social theorists of the nineteenth century, particularly Emile Durkheim, Max Weber, and Karl Marx. Although only Durkheim and Weber systematically studied law (and only Durkheim actually studied punishment), all three social theorists facilitated the development of sociological research and theory on crime and punishment. Durkheim's Suicide: A Study in Sociology for example, investigated the relationship between social integration and suicide rates, which, in turn, provided a model of inquiry for …


Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan Dec 2004

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …


Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan Dec 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan Nov 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman Sep 2004

Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman

Law & Economics Working Papers Archive: 2003-2009

This Article focuses on the question, how should policymakers aiming to minimize the cost of sanctioning utilize legal and nonlegal sanctions when designing a system of criminal sanctions. After presenting the general economic case for the use of nonlegal sanctions the article turns to present a model of shaming, which unlike existing models, incorporates the endogenous effects of legal and nonlegal sanctions. This model demonstrates that tailoring an efficient regime that combines legal and nonlegal sanctions might be more difficult than previously perceived by law and economics scholars. A specific case study presented in this article is of the current …


Toward A New Theory Of Notice And Deterrence, Dru Stevenson Mar 2004

Toward A New Theory Of Notice And Deterrence, Dru Stevenson

ExpressO

This article sets forth a new model of “notice” and deterrence that helps explain some long-standing contradictions in the literature on deterrence. Nearly all the work in the area of criminal law and deterrence has included an assumption that would-be offenders know the laws and the threatened sanctions, and therefore adjust their behavior in light of these disincentives. The fact that most people seem to be ignorant of the exact boundaries of the rules, and ignorant of the sanctions, presents an enormous conceptual problem for the classic model of deterrence. This new model presents an alternative mechanism for deterrence based …


Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower Mar 2004

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.


Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus Mar 2004

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.


Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson Feb 2004

Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson

ExpressO

Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …


Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield Jan 2004

Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Paradox Of Private Policing, Elizabeth E. Joh Jan 2004

The Paradox Of Private Policing, Elizabeth E. Joh

Journal of Criminal Law and Criminology

No abstract provided.


Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli Jan 2004

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

Scholarly Works

Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …


Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear Jan 2004

Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2004

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2004

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen Jan 2004

Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen

Journal of Criminal Law and Criminology

No abstract provided.


A Reasoning-Process Review Model For Federal Habeas Corpus, Steven Semeraro Jan 2004

A Reasoning-Process Review Model For Federal Habeas Corpus, Steven Semeraro

Journal of Criminal Law and Criminology

No abstract provided.


The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas Jan 2004

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

Journal of Criminal Law and Criminology

No abstract provided.


Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman Jan 2004

Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman

Journal of Criminal Law and Criminology

No abstract provided.


Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff Jan 2004

Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff

Journal of Criminal Law and Criminology

No abstract provided.


Sentencing Reform Lessons: From The Sentencing Reform Act Of 1984 To The Feeney Amendment, Robert Howell Jan 2004

Sentencing Reform Lessons: From The Sentencing Reform Act Of 1984 To The Feeney Amendment, Robert Howell

Journal of Criminal Law and Criminology

No abstract provided.


The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace Jan 2004

The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace

Journal of Criminal Law and Criminology

No abstract provided.