Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminology and Criminal Justice (11765)
- Law (9810)
- Sociology (8617)
- Criminology (7533)
- Criminal Law (7212)
-
- Forensic Science and Technology (1248)
- Public Affairs, Public Policy and Public Administration (1016)
- Legal Theory (945)
- Physical Sciences and Mathematics (873)
- Computer Sciences (701)
- Arts and Humanities (671)
- Information Security (638)
- Political Science (618)
- Psychology (618)
- Engineering (602)
- Other Legal Studies (590)
- Education (550)
- Social Control, Law, Crime, and Deviance (509)
- Computer Law (506)
- Computer Engineering (468)
- Electrical and Computer Engineering (457)
- Medicine and Health Sciences (351)
- Law and Society (307)
- Other Law (292)
- Criminal Procedure (284)
- Public Policy (282)
- Social Justice (277)
- Constitutional Law (265)
- Institution
-
- Northwestern Pritzker School of Law (6439)
- Washington University in St. Louis (543)
- Embry-Riddle Aeronautical University (519)
- City University of New York (CUNY) (403)
- University of Nebraska - Lincoln (346)
-
- Southwestern Oklahoma State University (263)
- University of Nebraska at Omaha (212)
- University of Nevada, Las Vegas (193)
- University of North Florida (192)
- University of Central Florida (168)
- University of New Haven (168)
- San Jose State University (152)
- University of South Florida (144)
- Walden University (140)
- Maurer School of Law: Indiana University (136)
- Bridgewater State University (128)
- University at Buffalo School of Law (123)
- Portland State University (122)
- Virginia Commonwealth University (119)
- Chulalongkorn University (118)
- Georgia Southern University (112)
- University of San Diego (111)
- University of Texas Rio Grande Valley (105)
- Nova Southeastern University (104)
- University of Texas at Arlington (104)
- Bowling Green State University (100)
- California State University, San Bernardino (100)
- Western Kentucky University (94)
- Illinois State University (91)
- Indiana State University (77)
- Keyword
-
- Criminal justice (463)
- Criminology (413)
- Crime (383)
- Justice (352)
- Corrections (323)
-
- Qc (263)
- Qualitative criminology (263)
- American Society of Criminology. Division on Women and Crime -- History -- 20th century -- Records and correspondence; American Society of Criminology. Division on Women and Crime -- History -- 20th century – Archives (174)
- Law (137)
- Police (128)
- Recidivism (124)
- Incarceration (113)
- Race (105)
- Education (99)
- Law enforcement (94)
- Policing (88)
- Gender (82)
- Criminal Justice (75)
- Forensic science (75)
- Violence (74)
- Privacy (70)
- Fourth Amendment (69)
- Prison (69)
- Western Kentucky University (69)
- Terrorism (68)
- Digital forensics (65)
- Criminal law (60)
- Policy (58)
- Probable cause (56)
- Search and seizure (56)
- Publication Year
- Publication
-
- Journal of Criminal Law and Criminology (6386)
- Scholarship@WashULaw (534)
- Journal of Digital Forensics, Security and Law (295)
- Qualitative Criminology (QC) (263)
- Criminal Justice Faculty Publications (248)
-
- Annual ADFSL Conference on Digital Forensics, Security and Law (187)
- Division on Women and Crime Documents and Correspondence (184)
- Student Theses (166)
- Electronic Theses and Dissertations (163)
- Reports (154)
- Nebraska College of Law: Faculty Publications (151)
- Theses and Dissertations (142)
- Walden Dissertations and Doctoral Studies (132)
- Dissertations, Theses, and Capstone Projects (125)
- Themis: Research Journal of Justice Studies and Forensic Science (124)
- UNLV Theses, Dissertations, Professional Papers, and Capstones (122)
- USF Tampa Graduate Theses and Dissertations (121)
- Faculty Scholarship (115)
- San Diego Law Review (102)
- Articles by Maurer Faculty (101)
- Criminology & Criminal Justice Theses - Archive (98)
- Honors Theses (98)
- Publications and Research (87)
- Journal of Social Sciences (79)
- International Journal of Cybersecurity Intelligence & Cybercrime (78)
- Master of Science in Forensic Science Directed Research Projects (75)
- Dissertations (72)
- Peace Officers Association of Georgia Newsletters (71)
- Theses Digitization Project (70)
- WKU Administration Documents (65)
- Publication Type
- File Type
Articles 6691 - 6720 of 15108
Full-Text Articles in Legal Studies
Following The Lead Of Barack Obama, Cnn, And Ashton Kutcher: Police Departments’ Use Of Twitter, Mari Sakiyama, Amanda Hurst, Omar Melchor, Daniel Shields, Deborah K. Shaffer, Joel D. Lieberman
Following The Lead Of Barack Obama, Cnn, And Ashton Kutcher: Police Departments’ Use Of Twitter, Mari Sakiyama, Amanda Hurst, Omar Melchor, Daniel Shields, Deborah K. Shaffer, Joel D. Lieberman
Graduate Research Symposium (2010 - 2017)
An increasing number of police departments are using Twitter to communicate with the public. As with any emerging communications technology, there is considerable variation in the usage of this medium. This study reports the results of a content analysis designed to determine how police departments are using Twitter.
Burglary Trends In Nevada, 1990-2007, Theresa Wilk, Terance D. Miethe, Timothy C. Hart
Burglary Trends In Nevada, 1990-2007, Theresa Wilk, Terance D. Miethe, Timothy C. Hart
Graduate Research Symposium (2010 - 2017)
Burglary involves the unlawful breaking and entering into a home or other building with the intent to steal something within it. Nationally, about 2.2 million burglaries were known to the police in 2007 (UCR, 2007). Over the last two decades, Nevada’s burglary rate is consistently higher than the national average. There are many consequences of burglary as well as efforts to control these offenses. The presentation of this state data brief describes patterns of burglary in Nevada and compares them with national trends. It examines the prevalence of burglary over time, the different types of burglary and its offense attributes, …
Assessing The Impact Of Police-Order-Maintenance Teams On Crime: An Application Of The ‘Broken Windows’ Hypothesis, Steven A. Pace, William Sousa, Dan Mcgrath
Assessing The Impact Of Police-Order-Maintenance Teams On Crime: An Application Of The ‘Broken Windows’ Hypothesis, Steven A. Pace, William Sousa, Dan Mcgrath
Graduate Research Symposium (2010 - 2017)
High levels of violent crime and disorder characterize certain neighborhoods of northwest Las Vegas. In April 2009, collaboration between academics and police personnel announced the deployment of a police order-maintenance unit designed to reduce minor and major offenses in these areas. Drawing on the Broken Windows hypothesis, the unit combined a detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie
Graduate Research Symposium (2010 - 2017)
The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …
Deaths In Custody In Nevada, 2001-2006, Brian R. Brehman, Terance D. Miethe, Timothy C. Hart
Deaths In Custody In Nevada, 2001-2006, Brian R. Brehman, Terance D. Miethe, Timothy C. Hart
Graduate Research Symposium (2010 - 2017)
A large number of prisoners die each year while under the custody of the state. These deaths include prisoners who are executed under state laws and other deaths in custody from a variety of causes. Nationally, 18,550 individuals died in the custody of a state prison between 2001 and 2006. This state data brief examines deaths in custody in Nevada prisons and jails and compares them to national averages. This report summarizes the prevalence rates for deaths in custody, changes in these custody deaths over time, the cause of these deaths, and compares custody deaths in Clark County jail to …
An Exemplar-Based Approach To Risk Assessment: Validating The Risk Management Systems Instrument, Bridget Kelly, Deborah K. Shaffer, Joel D. Lieberman
An Exemplar-Based Approach To Risk Assessment: Validating The Risk Management Systems Instrument, Bridget Kelly, Deborah K. Shaffer, Joel D. Lieberman
Graduate Research Symposium (2010 - 2017)
Using a sample of federal probationers, this study examines the predictive validity of the Risk Management Systems assessment instrument. The results indicate the RMS is predictive of arrest, technical violation, and unsuccessful termination from supervision.
International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews
International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews
Criminal Justice Faculty Research
The points discussed in the session are related to United Nations peacekeeping in the twenty-first century and the international police education for the rule of law. It is noted that 100 countries contribute police officers to the United Nations, and that 49 of those countries contribute 25 or fewer officers. There is a gender imbalance, with only 7.75 % of forces being made up of women. In the past, UN policing priorities were: monitoring to verify police performance and impartiality, observing to ascertain police strengths and weaknesses and reporting to document police infractions. The UN Peacekeeping Mission Statement aims to …
Is There An "Innocent Female Victim" Effect In Capital Punishment Sentencing?, Amelia Lane Kirkland
Is There An "Innocent Female Victim" Effect In Capital Punishment Sentencing?, Amelia Lane Kirkland
USF Tampa Graduate Theses and Dissertations
Disparities in the administration of capital punishment are a prominent social and political issue. While the focus of death penalty disparity research initially lay with the defendant and how the defendant’s race or ethnicity affects sentencing outcomes, only marginal support for offender effects has been found. A consistent finding, however, is that victim race has a significant effect on capital sentencing outcomes. Recent examinations of the joint effects of victim characteristics indicate that victim gender also has some influence in capital sentencing decisions. While these prior studies have examined the interactive effects of victim gender and victim race the current …
International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews
International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews
Criminal Justice Faculty Publications
The points discussed in the session are related to United Nations peacekeeping in the twenty-first century and the international police education for the rule of law. It is noted that 100 countries contribute police officers to the United Nations, and that 49 of those countries contribute 25 or fewer officers. There is a gender imbalance, with only 7.75 % of forces being made up of women. In the past, UN policing priorities were: monitoring to verify police performance and impartiality, observing to ascertain police strengths and weaknesses and reporting to document police infractions. The UN Peacekeeping Mission Statement aims to …
With Liberty And Justice For All?: An Examination Of Racial Differences In Perceptions Of The Criminal Justice System, Rhea Ashley Evans
With Liberty And Justice For All?: An Examination Of Racial Differences In Perceptions Of The Criminal Justice System, Rhea Ashley Evans
Morehead State Theses and Dissertations
A thesis presented to the faculty of the Caudill College of Humanities at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Arts by Rhea Ashley Evans on April 14, 2010.
Mission Statement Content And Prevalence Among Local Police Departments And Sheriffs' Offices, Gwendolyn L. Pascoe
Mission Statement Content And Prevalence Among Local Police Departments And Sheriffs' Offices, Gwendolyn L. Pascoe
Regis University Student Publications (comprehensive collection)
This descriptive study uses grounded theory approach to investigate the prevalence and content of mission statements among United States local police departments and sheriffs' offices that employ less than 25 sworn personnel. Mixed method research analysis identified the prevalence of mission statements as well as the content and characteristics of mission statement. Mission statements were analyzed with no a priori assumptions, standards, or coding schema. From this study it was found that 80 (37.21%) of the study's sample law enforcement agencies (N = 215) have mission statements that were located through this study's web search and agency participation. The analysis …
A Cultural Comparison Of Drug Use Among American And South Korean College Students: An Application Of Hirschi's Social Bond Theory, Jibey Asthappan
A Cultural Comparison Of Drug Use Among American And South Korean College Students: An Application Of Hirschi's Social Bond Theory, Jibey Asthappan
Criminal Justice Faculty Publications
The United States faces a major drug problem. In 2001 the U.S. consumed 1606 metric tons of cocaine alone. Adults who use drugs face many potential problems. The obvious problem is the threat of being arrested and prosecuted for the crime of possession or intent to sell/distribute, but the real cost of drugs is apparent in the lives of users. A promising future is often cast aside for the next “fix.” One may find that the true problem is not the occasional user but the user whose life is engulfed by drugs. This perspective, however, does not leave the occasional …
Nebraska Transcript (University Of Nebraska College Of Law), Volume 43, Number 1, Spring 2010
Nebraska Transcript (University Of Nebraska College Of Law), Volume 43, Number 1, Spring 2010
Nebraska Transcript
4 Dean’s Message
/="/">5 Poser Named Dean
/="/">10 Andy Kruse
/="/">12 Career Services Office Update
/="/">13 Law Library Tales and Tables
/="/">16 2009 Graduation Remarks
/="/">18 2009 Family Traditions Ceremony
/="/">20 In Brief
/="/">24 2008-2009 Academic Awards
/="/">26 Steve Mazurak Returns to UNL
/="/">28 Potuto Combines Teaching, Service
/="/">30 Von der Dunk: Space Law Expert
/="/">32 Faculty Notes
/="/">35 Faculty In Memoriam: Franck
/="/">36 Alum News: Larry Sather
/="/">37 2009 Alumni Council Awards
/="/">38 AlumNotes
/="/">46 In Memoriam
/="/">49 2010 Space Law …
Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman
Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman
Political Science Theses and Capstones
Is there a reason why a particular county might use asset forfeiture more than others? Asset forfeiture, in short, is law enforcement confiscating any items used in the act of committing a crime. As many governments face more budget crunches and deficits all means of revenue will become more vital to everyday operations. Everything gets reported back to the Minnesota State Auditor, where I was able to get complete data on every county. For variables such as education, race and others I drew from numerous government websites. I wanted to see if certain variables correlated with higher incidence of forfeiture. …
Juvenile Delinquency Policy And Juvenile Crime In The American States, Jennifer Baker
Juvenile Delinquency Policy And Juvenile Crime In The American States, Jennifer Baker
Political Science Theses and Capstones
Every year each state comes out with a report on all the possible crimes that were committed and how many people were convicted for various crimes in a given state. The same goes for juveniles, as reported in the Juvenile Offenders and Victims 2006 National Report. I compiled data on the fifty states and their programs directed towards juveniles. I then compared the different crimes against the different programs to see if there was any significant difference in Crime rates between states having a specific juvenile justice program or not. I found that some of the programs did affect crime …
Cj Times Volume 3, Issue 1, Department Of Criminal Justice
Cj Times Volume 3, Issue 1, Department Of Criminal Justice
CJ Times (Newsletter)
No abstract provided.
Volume 03, Cheryl Peck, Charles Hoever, Longwood Theater Department, Brittany Anderson, J. Ervin Sheldon, Richard Hayden, Yuri Calustro, Candice Fleming, Rebecca Franklin, Ashley Yocum, Danielle M. Jagoda, Cristina M. Valdivieso, Jameka Jones, Amy Ellis, Ashley Maser, Erikk Shupp, Jamie Yurasits, Joshua Davis, Alexander Leonhart, Kenny Wolfe, Sally Meadows, J. Haley, Amy Jackson, Morgan Howard, Adrienne Heinbaugh, Melissa Dorton, Ciarra Stalker
Volume 03, Cheryl Peck, Charles Hoever, Longwood Theater Department, Brittany Anderson, J. Ervin Sheldon, Richard Hayden, Yuri Calustro, Candice Fleming, Rebecca Franklin, Ashley Yocum, Danielle M. Jagoda, Cristina M. Valdivieso, Jameka Jones, Amy Ellis, Ashley Maser, Erikk Shupp, Jamie Yurasits, Joshua Davis, Alexander Leonhart, Kenny Wolfe, Sally Meadows, J. Haley, Amy Jackson, Morgan Howard, Adrienne Heinbaugh, Melissa Dorton, Ciarra Stalker
Incite: The Journal of Undergraduate Scholarship
Introduction from Dean Dr. Charles Ross
Little Shop of Horrors by Longwood Theater Department
Who Has the Hottest Hotsauce in Farmville: A Quantitative Comparison of Sauces from Local Restaurants by Cheryl Peck and Charles Hoever
Precipitation Effects on the Growth of White Oaks and Virginia Pines on the Mt. Vernon Plantation by Brittany Anderson
Design and Synthesis of Novel Ion Binding Molecules for Self-Assembly and Sensing Applications by J. Ervin Sheldon
A Statistical Analysis of Algorithms for Playing SameGame by Richard Hayden
Intersecting Cylinders at Arbitrary Angles by Yuri Calustro
Putting a Foot in the Revolving Door: Strategies for Reducing …
Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii
Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii
UNLV Theses, Dissertations, Professional Papers, and Capstones
This study examines the individual- and institutional-level variables that are correlated with violence and disorder within a jail facility. Previous research indicates that deviant behavior is one of the main challenges that negatively impacts the safe and effective management of correctional facilities. While many studies have been conducted on prison populations, few studies have focused upon jail populations. Using official institutional data, this study explores the factors associated with general infractions and violent misconduct among a stratified random sample of inmates (n=447) incarcerated during a one year period in a large county jail facility. The logistic regression and conjunctive analyses …
Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane
Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane
UNLV Theses, Dissertations, Professional Papers, and Capstones
Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …
The Effect Of The Method Of Execution On Sentencing Determinations In Capital Cases, Adam Fera
The Effect Of The Method Of Execution On Sentencing Determinations In Capital Cases, Adam Fera
Theses and Dissertations
The United States has had different methods of execution throughout its history, some of which are viewed to be more humane by the public. The most recent switch was from electrocution to lethal injection. This study is a look at the effect the method of execution on a juror's decision between life and death in capital cases. To this end, data collected by the Capital Jury Project Phase I were statistically analyzed controlling for case-level and demographic variables. The method of execution was found to have a statistically significant effect on the jurors' decision.
Black Metallers And Gangster Rappers: “Anti-Cultures” Make Strange Bedfellows, Gordon A. Crews, Angela West Crews
Black Metallers And Gangster Rappers: “Anti-Cultures” Make Strange Bedfellows, Gordon A. Crews, Angela West Crews
Criminal Justice Faculty Publications
No abstract provided.
Cook County Sheriff's Reentry Council Quarterly Update (Volume 2, Issue 1: February 2010), David E. Olson
Cook County Sheriff's Reentry Council Quarterly Update (Volume 2, Issue 1: February 2010), David E. Olson
Criminal Justice & Criminology: Faculty Publications & Other Works
INSIDE THIS ISSUE:
- First-ever in-reach services to jail detainees
- Jail average daily population increases in 2009
- DWJS receives grant to enhance mental-health services for women
- Day Reporting Center reduces recidivism, enhances transition to community
- By the numbers: a comparison of male and female jail detainees
Campus Safety: Assessing And Managing Threats, Mario Scalora, Andre Simons, Shawn Vanslyke
Campus Safety: Assessing And Managing Threats, Mario Scalora, Andre Simons, Shawn Vanslyke
Mario Scalora Publications
Since the shootings at Virginia Tech, academic institutions and police departments have dedicated substantial resources to alleviating concerns regarding campus safety. The incident in Blacksburg and the similar tragedy at Northern Illinois University have brought renewed attention to the prevention of violence at colleges and universities.
Campus professionals must assess the risk posed by known individuals, as well as by anonymous writers of threatening communications. The authors offer threat assessment and management strategies to address the increased demands faced by campus law enforcement, mental health, and administration officials who assess and manage threats, perhaps several simultaneously.
The International Implications Of Quality-Of-Life Policing As Practiced In New York City, Bruce D. Johnson, Andrew Golub, James E. Mccabe
The International Implications Of Quality-Of-Life Policing As Practiced In New York City, Bruce D. Johnson, Andrew Golub, James E. Mccabe
Criminal Justice Faculty Publications
The New York City Police Department (NYPD) has made enforcement of laws against disorder and quality-of-life offenses a central part of its policing strategy. Concomitantly, New York City (NYC) experienced a renaissance in orderliness, cleanliness, tourism, real estate value, and crime reduction, although other problems such as poverty, unemployment, drug abuse, racial tensions, and homelessness persist. This paper examines quality-of-life policing practices in NYC, describes the philosophical underpinnings, explores the critical response to the program, and presents lessons of potential relevance to other policing organizations in the USA and around the world.
Criminology And Criminal Justice: Differences In Programs At The Master's Level, Ruth Triplett, Elizabeth Monk-Turner
Criminology And Criminal Justice: Differences In Programs At The Master's Level, Ruth Triplett, Elizabeth Monk-Turner
Sociology & Criminal Justice Faculty Publications
Our aim in this work is to: (1) determine how distinct the program structure and curriculum content for graduate education in Criminology was compared to Criminal Justice; and (2) evaluate whether the diversity or consistency of the curriculum in either field varied depending of what type of department was offering the degree. Differences in department titles, hours required for the M.A. degree, program descriptions, curriculum content and curriculum content by department type between M.A. programs in Criminology and Criminal Justice were examined. The results suggested there is both consistency and difference in program structure and in curriculum content across the …
Rape In America: An Empirical Test Of Two Theories, Vaughn Crichlow
Rape In America: An Empirical Test Of Two Theories, Vaughn Crichlow
Theses and Dissertations
This study investigates two macro-social theories of rape-pornography consumption and gender inequality-utilizing state-level data. First, it is argued that media consumption patterns have changed due to the popularity of the internet and increasing household broadband access. In particular, it is contended that men who consume pornography prefer the internet to traditional mediums such as hard-copy magazines and DVDs. To test this assumption, a survey was administered to a convenience sample of nearly 500 male students at Rowan University. The results show evidence that males who intentionally consume pornography prefer the internet and, therefore, the use of broadband access as a …
Aspects Of Deconstruction: The Failure Of The Word "Bird", Anthony D'Amato
Aspects Of Deconstruction: The Failure Of The Word "Bird", Anthony D'Amato
Faculty Working Papers
Lawyers and judges often become impatient with those who dispute what they regard as the clear meaning of words. The meaning of words derives from the contexts in which they are employed, and we can never be certain of the context because we cannot enter into the minds of other persons to see the contexts to which their minds are adverting.
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Faculty Working Papers
No matter what the profession, any charge that a fellow professional is guilty of malpractice is a prima facie invitation to other professionals to retreat to a guild mentality, denying that the infraction took place. The impetus to cover up is not primarily due to friendship toward the accused but rather to a general perception that disclosure would lead to public disrespect of the profession as a whole. Many judges may feel that their own standing in the community could be undermined by disclosures that other judges invent or misstate facts. The issue here is not which judges have integrity, …
Aspects Of Deconstruction: Thought Control In Xanadu, Anthony D'Amato
Aspects Of Deconstruction: Thought Control In Xanadu, Anthony D'Amato
Faculty Working Papers
Nearly every case in nearly every legal system is a case where the factfinder—that is, the judge or jury—must decide what was going on in the minds of the litigants. For example, every criminal case turns on mens rea—a guess that the defendant harbored thoughts amounting to criminal intent. Tort cases involve the intention of the defendant, or at least his reckless indifference to risk. Estate cases require the probate court to assess the intent of the testator. Antitrust cases involve the question whether there was an intent to form a combination in restraint of trade. I can't think of …
The Effect Of Legal Theories On Judicial Decisions, Anthony D'Amato
The Effect Of Legal Theories On Judicial Decisions, Anthony D'Amato
Faculty Working Papers
I draw a distinction in the beginning of this essay between judicial decision-making and a judge's decision-making. To persuade a judge, we should try to discover what her theories are. Across a range of theories, I offered well-known case examples typically cited as examples of each theory. Then I showed that the exact same theory used to justify or explain those case results could be used to justify or explain the opposite result in each of those cases.