Criminology Commons^™

Victimless Crime: A Comparison Of Public Offense Ratings Of Misdemeanor Offenses And Virginia Sentencing Guidelines, Theresa M. Dutton

Sociology & Criminal Justice Theses & Dissertations

This study was designed to explore the hypothesized gap between what state guidelines on criminal sanctioning recommend for misdemeanor offenses, and what the public perceives· as just punishment for these offenses. The research also addresses the issue of victimless crime. In this regard it was additionally hypothesized that there exists a significant difference in public opinion towards sentencing those crimes that specifically do not have a victim, with those that do.

The design of this study is based on one conducted by Peter Rossi and Richard Berk (Rossi and Berk 1997). For this study, a sample of students attending college …

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West

Faculty Scholarship

There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.

Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …

Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West

Faculty Scholarship

In Capital Appeals Revisited and The Meaning of Capital Appeals, Barry Latzer and James N.G. Cauthen argue that a study of capital appeals should focus only on overturned findings of guilt, and complain that in A Broken System we examine all overturned capital verdicts. But the question they want studied cannot provide an accurate evaluation of a system of capital punishment. By proposing to count only "conviction" error and not "sentence" error, Latzer and Cauthen ignore that if a death sentence is overturned, the case is no longer capital and the system of capital punishment has failed to achieve its …

Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …