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Criminology and Criminal Justice Commons™
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Articles 1 - 6 of 6
Full-Text Articles in Criminology and Criminal Justice
Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse
Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse
All Faculty Scholarship
Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about …
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Dickinson Law Review (2017-Present)
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …
Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson
Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson
All Faculty Scholarship
This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that …
Neurohype And The Law: A Cautionary Tale, Stephen J. Morse
Neurohype And The Law: A Cautionary Tale, Stephen J. Morse
All Faculty Scholarship
This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
Applying Sentinel Event Reviews To Policing, John Hollway, Ben Grunwald
Applying Sentinel Event Reviews To Policing, John Hollway, Ben Grunwald
All Faculty Scholarship
A sentinel event review (SER) is a system-based, multistakeholder review of an organizational error. The goal of an SER is to prevent similar errors from recurring in the future rather than identifying and punishing the responsible parties. In this article, we provide a detailed description of one of the first SERs conducted in an American police department—the review of the Lex Street Massacre investigation and prosecution, which resulted in the wrongful incarceration of four innocent men for 18 months. The results of the review suggest that SERs may help identify new systemic reforms for participating police departments and other criminal …