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Articles 31 - 60 of 103
Full-Text Articles in Criminology and Criminal Justice
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Articles by Maurer Faculty
Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates to …
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Whose Justice? Which Victims?, Lynne N. Henderson
Whose Justice? Which Victims?, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
The Executioners Sing, Joseph L. Hoffmann
The Executioners Sing, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown
The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow
Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow
Articles by Maurer Faculty
No abstract provided.
Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan
Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan
Articles by Maurer Faculty
Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a …
Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy
Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy
Articles by Maurer Faculty
No abstract provided.
Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude
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
Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan
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 Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel
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, …
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
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
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
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
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
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
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
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
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
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
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
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 …