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Maurer School of Law: Indiana University

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Articles 61 - 90 of 136

Full-Text Articles in Legal Studies

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude Jan 1986

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall Jan 1985

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel Jan 1983

The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel

Articles by Maurer Faculty

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, …


Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan Jan 1983

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.


The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan Jan 1982

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 Jan 1982

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.


The Differential Sentencing Of White-Collar Offenders In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan, Celesta Albonetti Jan 1980

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 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.


Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan Jan 1979

Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information …


Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude Jan 1978

Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


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.


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 …


Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier Apr 1976

Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier

IUSTITIA

An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …


Toward A Critical Theory Of Female Criminality, Ann Curry Thompson Apr 1976

Toward A Critical Theory Of Female Criminality, Ann Curry Thompson

IUSTITIA

Twentieth-century theories about female criminality are the weakest link in conventional criminology, representing the most conservative and unscientific thinking about human nature and social organization. Traditional thinking about female criminality reflects the general inability of conventional theorists to examine categories of sex, race, and class oppression as determined by the basic social structure of a particular society and as they relate to deviance and crime. The result has been that female deviance has been analyzed solely in light of assumptions about women's biological nature. Whether there is indeed something distinctive about female crime which can be explained apart from a …


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 …


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 …


The Abused Child And His Parents, Richard David Young Apr 1975

The Abused Child And His Parents, Richard David Young

IUSTITIA

Children in our society pass through a prolonged period of dependency during which they are taught the complex technological and social skills necessary for successful adult functioning. The child's experiences during this period can have profound effects on the development of his potential for meaningful interpersonal relationships, competency, and creativity. The child's dependence needs are the complement of the caretaker's nurturance. When nurturance fails or is inconsistent, societal loss merges with individual tragedy. Yet nurturance does occasionally fail. Some of those charged with the care of children abdicate their responsibilities, and do not provide the physical and/or emotional necessities for …


The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher Jan 1975

The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher

Articles by Maurer Faculty

No abstract provided.


Photo Essay: On The Street, John G. Hopper Oct 1974

Photo Essay: On The Street, John G. Hopper

IUSTITIA

When people speak of crime in the streets, they invariably refer to cold statistics or a report from a governmental agency as a source of information. There is however another source of information on the subject-that of personal experience. It is the unique experience that urban police sometimes refer to as being "on the street". The following is this photographer's impression of spending several winter nights on the streets with an urban police force.


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 …


Women Executives, Managers And Professionals In The Indiana Criminal Justice System, Julia C. Lamber, Victor L. Streib Jan 1974

Women Executives, Managers And Professionals In The Indiana Criminal Justice System, Julia C. Lamber, Victor L. Streib

Articles by Maurer Faculty

No abstract provided.


Correctional System Needs, Susan S. Cole Oct 1973

Correctional System Needs, Susan S. Cole

IUSTITIA

One of the most difficult and pressing problems now facing local, state and national leaders is the failure of the criminal justice system. There is ample evidence of the system's failure: during the years 1960 to 1969, when the population increased by 13%, crime increased 1487,' and it is still increasing. Yet, correctional institutions do not appear to be places where criminal behavior is changed or where offenders are rehabilitated. They appear to be, instead, places where offenders are exposed to the most advanced criminal techniques and the most extreme anti-social behavior. Recidivism rates are estimated as high as 8070.


Perennial Problems Of Criminal Law, Jerome Hall Jan 1973

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe Jan 1972

Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe

Articles by Maurer Faculty

No abstract provided.


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.


Justice In The 20th Century, Jerome Hall Jan 1971

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Prisoner's Dilemma And Mutual Trust: Comment, Robert L. Birmingam Jan 1969

The Prisoner's Dilemma And Mutual Trust: Comment, Robert L. Birmingam

Articles by Maurer Faculty

No abstract provided.


Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin Jan 1965

Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


The M'Naghten Rules And Proposed Alternatives, Jerome Hall Jan 1963

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 Jan 1963

Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall

Articles by Maurer Faculty

No abstract provided.