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Full-Text Articles in Social and Behavioral Sciences
Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin N. August, Kelsey S. Henderson
Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin N. August, Kelsey S. Henderson
Criminology and Criminal Justice Faculty Publications and Presentations
Juveniles are more susceptible in the interrogation room than adults, due to a host of vulnerabilities that put them at risk. Scholars have suggested that requiring the presence of a defense attorney during interrogations can protect juveniles from making an unintelligent waiver; variations of this type of policy have been mandated in some states across the United States (e.g., Illinois and California). The current study takes an exploratory, qualitative approach to examine how defense attorneys may act as a protective factor in the interrogation room. We interviewed 19 juvenile defenders using a semi-structured interview method; questions focused on experiences in …
The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett
The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett
Faculty Scholarship
The death penalty is in decline in America and most death penalty states do not regularly impose death sentences. In 2016 and 2017, states reached modern lows in imposed death sentences, with just thirty-one defendants sentenced to death in 2016 and thirty-nine in 2017, as compared with over three hundred per year in the 1990s. In 2016, only thirteen states imposed death sentences, and in 2017, fourteen did so, although thirty-one states retain the death penalty. What explains this remarkable and quite unexpected trend? In this Article, we present new analysis of state-level legislative changes that might have been expected …
Neuroscience And Behavioral Genetics In Us Criminal Law: An Empirical Analysis, Nita A. Farahany
Neuroscience And Behavioral Genetics In Us Criminal Law: An Empirical Analysis, Nita A. Farahany
Faculty Scholarship
The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Yet, criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment.
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Graduate Research Symposium (GCUA) (2010 - 2017)
Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Faculty Scholarship
No abstract provided.