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Articles 1 - 30 of 6386
Full-Text Articles in Social and Behavioral Sciences
The Specific Deterrent Effects Of Criminal Sanctions For Intimate Partner Violence: A Meta-Analysis, Joel H. Garner, Christopher D. Maxwell, Jina Lee
The Specific Deterrent Effects Of Criminal Sanctions For Intimate Partner Violence: A Meta-Analysis, Joel H. Garner, Christopher D. Maxwell, Jina Lee
Journal of Criminal Law and Criminology
A dozen systematic reviews published since 1978 have sought to clarify the complexities of deterrence theory. These reviews emphasize the general deterrent effects of police presence, arrest, and incarceration on rates of homicide and other serious crimes, such as assault, rape, and burglary. These reviews provide less attention to specific deterrence processes and to the deterrent impacts of intermediate sanctions, such as prosecution or conviction; none of these reviews incorporate any of the research on criminal sanctions for intimate partner violence. To address these limitations, this research uses meta-analytic methods to assess the specific deterrent effects of three post-arrest criminal …
Defending Constitutional Rights In Imbalanced Courtrooms, Esther Nir, Siyu Liu
Defending Constitutional Rights In Imbalanced Courtrooms, Esther Nir, Siyu Liu
Journal of Criminal Law and Criminology
Safeguarding Fourth Amendment protections is critical to preserving individual privacy rights and fostering positive perceptions of police legitimacy within communities. Maintaining an effective accountability structure for police stops, searches, and seizures is a necessary step toward achieving these objectives. In this article, we use qualitative interviews and survey data with defense attorneys to explore—from a court community perspective— their use of discretion to uphold the Exclusionary Rule through bringing suppression motions. Data demonstrate that power dynamics within the court community lead defense attorneys to conclude that litigating rights violations is often a futile effort that interferes with favorable case outcomes …
Constitutional Pandemic Surveillance, Matthew B. Kugler, Mariana Oliver
Constitutional Pandemic Surveillance, Matthew B. Kugler, Mariana Oliver
Journal of Criminal Law and Criminology
How do people view governmental pandemic surveillance? And how can their views inform courts considering the constitutionality of digital monitoring programs aimed at containing the spread of a highly contagious diseases? We measure the perceived intrusiveness of pandemic surveillance through two nationally representative surveys of Americans. Our results show that even at the height of a pandemic people find surveillance for public health to be more intrusive than surveillance for traditional law enforcement purposes. To account for these strong privacy concerns, we propose safeguards that we believe would make cell phone location tracking and other similar digital monitoring regimes constitutionally …
The Perceptions Of Juvenile Judges Regarding Adolescent Development In Evaluating Juvenile Competency, Colleen M. Berryessa, Jillian Reeves
The Perceptions Of Juvenile Judges Regarding Adolescent Development In Evaluating Juvenile Competency, Colleen M. Berryessa, Jillian Reeves
Journal of Criminal Law and Criminology
This analysis provides the first known in-depth qualitative inquiry into if and how juvenile court judges take the psycho-social immaturity and development of adolescents into consideration when making attributions of adjudicative competency of offenders in juvenile court. Semi-structured interviews were conducted with twenty-seven U.S. juvenile court judges, followed by grounded theory analysis. Competency evaluations from psychologists and the juvenile’s age, history, awareness, and mental capacity influence judicial determinations of competency. Although data show that understandings of adolescent development do play a large role in shaping judges’ understandings of juvenile behavior—particularly related to emotional control, irrational behavior, lack of maturity, and …
The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster
The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster
Journal of Criminal Law and Criminology
Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …
The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald
The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald
Journal of Criminal Law and Criminology
Bail and pretrial detention decisions may have important consequences for racial disparities in incarceration rates. Poor minority defendants who are unable to post bail and get released from jail before trial may be more likely to plead guilty and accept longer sentences of incarceration. Racial disparities in incarceration sentences may then reflect a combination of differences in the seriousness of a defendant’s case, criminal history, and economic resources to pay bail. This study examines the extent to which bail decision-making and pretrial detention explain Black-White disparities in criminal adjudications and sentences in the Delaware courts from 2012 to 2014. Over …
Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright
Journal of Criminal Law and Criminology
As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and plaintiffs rely on …
Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp
Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp
Journal of Criminal Law and Criminology
This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …
The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp
The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp
Journal of Criminal Law and Criminology
The 2013 book Deviant and Criminal Behavior in the Workplace addresses the psychological constructs, situations, and environments underlying active counterproductive workplace behaviors. Building on a diverse range of psychological findings, this book highlights that the field of criminology needs to expand outside of the realm of violence and instead look at how deviant workplace behaviors can tie into—and motivate—other types of crime.
A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley
A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley
Journal of Criminal Law and Criminology
No abstract provided.
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
Journal of Criminal Law and Criminology
No abstract provided.
The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor
The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor
Journal of Criminal Law and Criminology
No abstract provided.
A Century Of Criminal Law And Criminology, Amy Deline
A Century Of Criminal Law And Criminology, Amy Deline
Journal of Criminal Law and Criminology
No abstract provided.
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Journal of Criminal Law and Criminology
No abstract provided.
A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones
A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones
Journal of Criminal Law and Criminology
No abstract provided.
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Journal of Criminal Law and Criminology
No abstract provided.
Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig
Journal of Criminal Law and Criminology
No abstract provided.
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
Journal of Criminal Law and Criminology
No abstract provided.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
Journal of Criminal Law and Criminology
No abstract provided.
One Hundred Years Of Race And Crime, Paul Butler
One Hundred Years Of Race And Crime, Paul Butler
Journal of Criminal Law and Criminology
No abstract provided.
Offending Women: A Double Entendre, Joanne Belknap
Offending Women: A Double Entendre, Joanne Belknap
Journal of Criminal Law and Criminology
No abstract provided.
Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko
Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko
Journal of Criminal Law and Criminology
No abstract provided.
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
Journal of Criminal Law and Criminology
No abstract provided.
Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin
Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin
Journal of Criminal Law and Criminology
No abstract provided.
Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey
Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey
Journal of Criminal Law and Criminology
No abstract provided.
Forfeiture Of The Confrontation Right In Giles: Justice Scalia's Faint-Hearted Fidelity To The Common Law, Ellen Liang Yee
Forfeiture Of The Confrontation Right In Giles: Justice Scalia's Faint-Hearted Fidelity To The Common Law, Ellen Liang Yee
Journal of Criminal Law and Criminology
No abstract provided.
The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone
Journal of Criminal Law and Criminology
No abstract provided.
Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy Farrell, Daniel Givelber
Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy Farrell, Daniel Givelber
Journal of Criminal Law and Criminology
No abstract provided.
Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert
Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.