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Maurer School of Law: Indiana University

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Articles 301 - 330 of 493

Full-Text Articles in Criminal Law

The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan Jan 1979

The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

This paper explores the use of different types of sentence bargaining tactics in ten federal district courts. We distinguish between proactive and reactive prosecutorial orientation, and hypothesize that proactive prosecution of upperworld crime is associated with more explicit sentence bargaining than is the reactive prosecution of underworld crime. We present evidence for and explanations of this relationship.

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Terrorism And The Media: Legal Responses (Introduction), Patrick Baude Jul 1978

Terrorism And The Media: Legal Responses (Introduction), Patrick Baude

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

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International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust Jul 1978

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

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The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst Jul 1978

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

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Journalists And Terrorism: Captives Of The Libertarian Tradition, Walter B. Jaehnig Jul 1978

Journalists And Terrorism: Captives Of The Libertarian Tradition, Walter B. Jaehnig

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

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Television And Terrorism: Professionalism Not Quite The Answer, Herbert A. Terry Jul 1978

Television And Terrorism: Professionalism Not Quite The Answer, Herbert A. Terry

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

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Misrepresentation In Indiana: What Hath Fraud Wrought?, Daniel C. Emerson Apr 1978

Misrepresentation In Indiana: What Hath Fraud Wrought?, Daniel C. Emerson

Indiana Law Journal

No abstract provided.

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Theory And Reform Of Criminal Law, Jerome Hall Jan 1978

Theory And Reform Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Militants And The Media: Partners In Terrorism?, William R. Catton Jr. Jul 1977

Militants And The Media: Partners In Terrorism?, William R. Catton Jr.

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

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Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira Apr 1977

Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira

IUSTITIA

In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.

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Societal Reaction To Deviants: The Case Of Criminal Defendants, Ilene Nagel Bernstein, William R. Kelly, Patricia A. Doyle Jan 1977

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 …

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Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz Jan 1977

Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz

Articles by Maurer Faculty

The interactionist perspective emphasizes the imperfect correspondence between alleged deviance and societal reactions. Moreover, it is asserted that values of reactors, statuses of the alleged deviant, and bureaucratic constraints of deviance processing organizations help explain some of that imperfection. Focusing on one intermediary deviance processing stage, i.e., plea bargaining, we explore the degree to which our data are consonant with interactionist assumptions. For a sample of 1,435 male and female criminal defendants, we find the favorability of the charge reduction outcome is partly explained by values of reactors, statuses of the defendant, and bureaucratic constraints of the court. Thus, our …

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The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal Oct 1976

The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

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Comment On Error Juris, Jerome Hall Jan 1976

Comment On Error Juris, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Comment On Justification And Excuse, Jerome Hall Jan 1976

Comment On Justification And Excuse, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Symposium: The New German Penal Code, Jerome Hall, W. J. Wagner Jan 1976

Symposium: The New German Penal Code, Jerome Hall, W. J. Wagner

Articles by Maurer Faculty

No abstract provided.

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Comment On Structure And Theory, Jerome Hall Jan 1976

Comment On Structure And Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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The Street Perspective: A Conversation With The Police, Patrick L. Baude Oct 1975

The Street Perspective: A Conversation With The Police, Patrick L. Baude

IUSTITIA

Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …

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Sanctions And Deviance: Another Look, Herbert Kritzer Apr 1975

Sanctions And Deviance: Another Look, Herbert Kritzer

IUSTITIA

In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …

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Child Neglect Proceedings-A New Focus, Ellen K. Thomas Oct 1974

Child Neglect Proceedings-A New Focus, Ellen K. Thomas

Indiana Law Journal

No abstract provided.

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Feminism And The Legalization Of Prostitution: How Far Down The River?, Marilyn C. Zilli Apr 1974

Feminism And The Legalization Of Prostitution: How Far Down The River?, Marilyn C. Zilli

IUSTITIA

One of the most telling issues on the state of the women's movement today is that of the legalization of prostitution. It would be inappropriate to say that the issue has caused a breach in the ranks: the term is inapplicable to a movement which has never claimed coherency and which has, in fact, consistently demonstrated an inability to reconcile the views of its various factions. The prostitution issue is important, rather, precisely because it underscores these differences of analysis and tactics which have appeared in other areas and the splits between white middle class liberal women, radical feminists, marxist …

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Sentencing: The Probation Officer, James Lowenthal Oct 1973

Sentencing: The Probation Officer, James Lowenthal

IUSTITIA

Sentencing offenders of the criminal law is a widely diverse and complex problem. Few guidelines are available for those upon whom the task has been thrust. Depending upon the jurisdiction, various parties are responsible for sentence determination: juries, administrative agencies, legislatures, and judges. Most jurisdictions, however, require the judge to make the final determination.' To aid in this determination, many jurisdictions, including federal district courts, require or permit judges to consider a presentence investigation report prepared by a professional probation officer. The use of these reports and recommendations are generally limited to felony cases or to specific crimes where probation …

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Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst Jan 1973

Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

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Perennial Problems Of Criminal Law, Jerome Hall Jan 1973

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson Jan 1972

The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

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Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst Jan 1972

Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

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The Applicability Of Miranda Warnings To Civil Tax Fraud Investigations, William L. Skees Jr. Apr 1971

The Applicability Of Miranda Warnings To Civil Tax Fraud Investigations, William L. Skees Jr.

Indiana Law Journal

No abstract provided.

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Chamber V. Maroney: New Dimensions In The Law Of Search And Seizure, Stephen H. Paul Jan 1971

Chamber V. Maroney: New Dimensions In The Law Of Search And Seizure, Stephen H. Paul

Indiana Law Journal

No abstract provided.

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Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey Jan 1970

Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey

Indiana Law Journal

No abstract provided.

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Probable Cause For Arrest In Indiana: A Prosecutor Hoist With His Own Kinnaird, F. Thomas Schornhorst Oct 1969

Probable Cause For Arrest In Indiana: A Prosecutor Hoist With His Own Kinnaird, F. Thomas Schornhorst

Indiana Law Journal

No abstract provided.

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