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Criminal Law Commons

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Journal of Criminal Law and Criminology

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Articles 181 - 210 of 6672

Full-Text Articles in Criminal Law

The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley Jan 2015

The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley

Journal of Criminal Law and Criminology

While most prosecutors adhere to the maxim that their primary task is to obtain just results, there are some who violate their ethical responsibilities in order to rack up convictions. This article describes the distressing, decades-long absence of discipline imposed on prosecutors whose knowing misconduct has resulted in terrible injustices being visited upon defendants throughout the country. Many honorable lawyers have failed to speak out about errant prosecutors, thus enabling their ethical breaches. The silent accessories include practicing lawyers and judges of trial and reviewing courts who, having observed prosecutorial misconduct, failed to take corrective action. Fault also lies with …


Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal Jan 2015

Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal

Journal of Criminal Law and Criminology

Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …


Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver Jan 2015

Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver

Journal of Criminal Law and Criminology

Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …


Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler Jan 2015

Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler

Journal of Criminal Law and Criminology

Often, discussions of wrongful convictions focus almost entirely on the wrongfully convicted and ignore two important constituencies: prosecutors and crime victims. Both constituencies have unique connections to wrongful convictions and should be recognized as potentially powerful allies for change. Prosecutors are deeply committed to justice and to the outcomes of their cases; they can help identify and correct wrongful convictions and introduce policies to avoid wrongful convictions in the first place. Wrongful convictions matter to crime victims because convicting the wrong person leaves the real perpetrator free to commit more crimes, creates a new, innocent victim, and drains resources that …


Paternal Incarceration And Adolescent Well-Being: Life Course Contingencies And Other Moderators, Raymond R. Swisher, Unique R. Shaw-Smith Jan 2015

Paternal Incarceration And Adolescent Well-Being: Life Course Contingencies And Other Moderators, Raymond R. Swisher, Unique R. Shaw-Smith

Journal of Criminal Law and Criminology

No abstract provided.


The Sound Of Silence: Evidentiary Analyses Of Precustodial Silence In Light Of Salinas V. Texas, Lukas Mansour Jan 2015

The Sound Of Silence: Evidentiary Analyses Of Precustodial Silence In Light Of Salinas V. Texas, Lukas Mansour

Journal of Criminal Law and Criminology

In the recent Supreme Court case Salinas v. Texas, the Court declined to answer whether precustodial silence should be admissible as evidence of a defendant’s guilt. This Comment uses the case as an example from which it argues that courts should take a different approach to precustodial silence. Rather than examining a defendant’s precustodial silence from a constitutional perspective, as many courts, including the Supreme Court, have done, this Comment argues that courts would be better served examining this type of silence from an evidentiary perspective instead.


Missing The Mark: Gun Control Is Not The Cure For What Ails The U.S. Mental Health System, Carolyn Reinach Wolf, Jamie A. Rosen Jan 2015

Missing The Mark: Gun Control Is Not The Cure For What Ails The U.S. Mental Health System, Carolyn Reinach Wolf, Jamie A. Rosen

Journal of Criminal Law and Criminology

No abstract provided.


Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers, Philip J Cook, Richard J. Harris, Jens Ludwig, Harold A. Pollack Jan 2015

Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers, Philip J Cook, Richard J. Harris, Jens Ludwig, Harold A. Pollack

Journal of Criminal Law and Criminology

No abstract provided.


Forward: The Past And Future Of Guns, James Lindgren Jan 2015

Forward: The Past And Future Of Guns, James Lindgren

Journal of Criminal Law and Criminology

No abstract provided.


Accentuating The Positive Or Eliminating The Negative? Paternal Incarceration And Caregiver-Child Relationship Quality, Sara Wakefield Jan 2015

Accentuating The Positive Or Eliminating The Negative? Paternal Incarceration And Caregiver-Child Relationship Quality, Sara Wakefield

Journal of Criminal Law and Criminology

No abstract provided.


The Current And Future State Of Gun Policy In The United States, William J. Vizzard Jan 2015

The Current And Future State Of Gun Policy In The United States, William J. Vizzard

Journal of Criminal Law and Criminology

No abstract provided.


Crime Victims' Rights During Criminal Investigations? Applying The Crime Victims' Rights Act Before Criminal Charges Are Filed, Paul G. Cassell, Nathanael J. Mitchell, Bradley J. Edwards Jan 2014

Crime Victims' Rights During Criminal Investigations? Applying The Crime Victims' Rights Act Before Criminal Charges Are Filed, Paul G. Cassell, Nathanael J. Mitchell, Bradley J. Edwards

Journal of Criminal Law and Criminology

No abstract provided.


Shadow Immigration Enforcement And Its Constitutional Dangers, Maureen A. Sweeney Jan 2014

Shadow Immigration Enforcement And Its Constitutional Dangers, Maureen A. Sweeney

Journal of Criminal Law and Criminology

No abstract provided.


Extending Sentencing Mitigation For Deserving Young Adults, Kelsey B. Shust Jan 2014

Extending Sentencing Mitigation For Deserving Young Adults, Kelsey B. Shust

Journal of Criminal Law and Criminology

No abstract provided.


Negotiating Peremptory Challenges, Caren Myers Morrison Jan 2014

Negotiating Peremptory Challenges, Caren Myers Morrison

Journal of Criminal Law and Criminology

No abstract provided.


Confronting Cognitive “Anchoring Effect" And “Blind Spot” Biases In Federal Sentencing: A Modest Solution For Reforming A Fundamental Flaw, Mark W. Bennett Jan 2014

Confronting Cognitive “Anchoring Effect" And “Blind Spot” Biases In Federal Sentencing: A Modest Solution For Reforming A Fundamental Flaw, Mark W. Bennett

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Constitutional Avoidance, William W. Berry Iii Jan 2014

Criminal Constitutional Avoidance, William W. Berry Iii

Journal of Criminal Law and Criminology

No abstract provided.


The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker Jan 2014

The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker

Journal of Criminal Law and Criminology

No abstract provided.


Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky Jan 2014

Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky

Journal of Criminal Law and Criminology

No abstract provided.


Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski Jan 2014

Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski

Journal of Criminal Law and Criminology

No abstract provided.


Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel Jan 2014

Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel

Journal of Criminal Law and Criminology

No abstract provided.


Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney Jan 2014

Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney

Journal of Criminal Law and Criminology

No abstract provided.


The Validity Of United States V. Nazemian Following Crawford And Its Progeny: Do Criminal Defendants Have The Right To Face Their Interpreters At Trial?, John Kracum Jan 2014

The Validity Of United States V. Nazemian Following Crawford And Its Progeny: Do Criminal Defendants Have The Right To Face Their Interpreters At Trial?, John Kracum

Journal of Criminal Law and Criminology

No abstract provided.


Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work Jan 2014

Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work

Journal of Criminal Law and Criminology

No abstract provided.


Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath Jan 2014

Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath

Journal of Criminal Law and Criminology

No abstract provided.


Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye Jan 2014

Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye

Journal of Criminal Law and Criminology

No abstract provided.


"Obtaining" The Right Result: A Novel Interpretation Of The Computer Fraud And Abuse Act That Provides Liability For Insider Theft Without Overbreadth, Kevin Jakopchek Jan 2014

"Obtaining" The Right Result: A Novel Interpretation Of The Computer Fraud And Abuse Act That Provides Liability For Insider Theft Without Overbreadth, Kevin Jakopchek

Journal of Criminal Law and Criminology

No abstract provided.


Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui Jan 2014

Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui

Journal of Criminal Law and Criminology

No abstract provided.


Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosiac Approach, Stephen E. Henderson Jan 2013

Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosiac Approach, Stephen E. Henderson

Journal of Criminal Law and Criminology

No abstract provided.


Differences In Punitiveness Across Three Cultures: A Test Of American Exceptionalism In Justice Attitudes, Matthew B. Kugler, Friederike Funk, Judith Braun, Mario Gollwitzer, Aaron C. Kay, John M. Darley Jan 2013

Differences In Punitiveness Across Three Cultures: A Test Of American Exceptionalism In Justice Attitudes, Matthew B. Kugler, Friederike Funk, Judith Braun, Mario Gollwitzer, Aaron C. Kay, John M. Darley

Journal of Criminal Law and Criminology

No abstract provided.