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Articles 121 - 150 of 211
Full-Text Articles in Criminal Law
Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan
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.
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
Articles by Maurer Faculty
No abstract provided.
White-Collar Crime, White-Collar Time: The Sentencing Of White-Collar Offenders In The Southern District Of New York, Ilene H. Nagel, John L. Hagan
White-Collar Crime, White-Collar Time: The Sentencing Of White-Collar Offenders In The Southern District Of New York, Ilene H. Nagel, John L. Hagan
Articles by Maurer Faculty
In this Article, Professors Hagan and Nagel report upon their study of sentencing patterns in white-collar cases tried in the Southern District of New York between 1963 and 1976. Using multiple regression analysis, the authors first demonstrate a strong correlation between lenient sentencing practices and white-collar offenses. The authors then focus their study upon various white-collar crimes, using multiple regression analysis to reveal that considerable variation exists between sentencing patterns for the different white-collar offenses and for the different types of defendants sentenced in the Southern District during the period under study.
Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley
Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley
Articles by Maurer Faculty
Three recent Supreme Court opinions that enlarge the scope of permissible impeachment may substantially influence the criminal defendant's decision whether to take the stand. In this article, Professor Bradley evaluates the current status of the defendant's "right" to testify, assesses the impact of these cases on that right, and offers cogent advice on effective strategies for practitioners.
Comparative Law As Basic Research, Jerome Hall
Comparative Law As Basic Research, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley
Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Differential Sentencing Of White-Collar Offenders In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan, Celesta Albonetti
The Differential Sentencing Of White-Collar Offenders In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan, Celesta Albonetti
Articles by Maurer Faculty
While sociologist have long debated the relationship between the status characteristics of criminal offenders and the sentences they receive, they have done so with data sets drawn from state courts whose prosecutorial resources are focused almost entirely on low status defendants. Qualitative and quantitative data analyzed in this paper are drawn from ten federal district courts whose statutes and resources provide greater potential for the prosecution of the white-collar crimes of higher status offenders. Three questions are addressed: (1) Are there substantial jurisdictional differences in the prosecution of white-collar cases? if so, (2) Are there corresponding jurisdictional differences in the …
The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan
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.
Theory And Reform Of Criminal Law, Jerome Hall
Theory And Reform Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Societal Reaction To Deviants: The Case Of Criminal Defendants, Ilene Nagel Bernstein, William R. Kelly, Patricia A. Doyle
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 …
Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz
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 …
Comment On Error Juris, Jerome Hall
Comment On Justification And Excuse, Jerome Hall
Comment On Justification And Excuse, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Symposium: The New German Penal Code, Jerome Hall, W. J. Wagner
Symposium: The New German Penal Code, Jerome Hall, W. J. Wagner
Articles by Maurer Faculty
No abstract provided.
Comment On Structure And Theory, Jerome Hall
Comment On Structure And Theory, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst
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.
Perennial Problems Of Criminal Law, Jerome Hall
Perennial Problems Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson
The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst
Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst
Articles by Maurer Faculty
No abstract provided.
Theft, Law And Society -- 1968, Jerome Hall
Theft, Law And Society -- 1968, Jerome Hall
Articles by Maurer Faculty
The law of theft has long been the most complicated branch of the criminal law, writes Mr. Hall, and this is so in the face of the fact that crimes against property can he estimated safely as accounting for 90 per cent of all genuine crime in this country. The Model Penal Code has done much to simplify the law of theft and to eliminate outmoded distinctions, the author concedes, but he maintains that distinctions still must be recognized among the various types of theft, the persons involved in theft and the appropriate penalties for various crimes against property. Improvement, …
Science And Morality Of Criminal Law, Jerome Hall
Science And Morality Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham
Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
The Resistance Standard In Rape Legislation, Roger B. Dworkin
The Resistance Standard In Rape Legislation, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Model Defense Of Needy Persons Act, Reed Dickerson
Model Defense Of Needy Persons Act, Reed Dickerson
Articles by Maurer Faculty
Recent decisions of the Supreme Court have expanded the duty of the states to provide counsel for defendants in criminal cases. The following statute seeks to set up a workable system of assuring the accused the assistance of counsel early in the proceedings against him and, if necessary, at no cost.
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Articles by Maurer Faculty
Professor Hall advocates a reappraisal of the current trend in criminal law of substituting expert psychiatric testimony for common-sense determinations of insanity based on the long experience of the criminal-law tradition. Holding that the average layman is as competent to recognize extreme mental illness as the psychiatric expert, the author discusses the doctrine of the "irresistible impulse" and submits that the current departures from the M'Naghten rule tend to "substitute the ideology of a particular group of psychiatrists for the principle of moral responsibility." Professor Hall suggests that realistic reform cannot be achieved without considering the "moral life and its …
The M'Naghten Rules And Proposed Alternatives, Jerome Hall
The M'Naghten Rules And Proposed Alternatives, Jerome Hall
Articles by Maurer Faculty
Responding to overt and implied criticism of the M'Naghten Rules for determining legal insanity to excuse criminal responsibility, Mr. Hall proposes a national seminar or study by judges of the diverse and perplexing problems they must face in deciding issues in this field. He thinks that M'Naghten needs repair rather than replacement and that a rough consensus might be attainable.
Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall
Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall
Articles by Maurer Faculty
No abstract provided.