Social Control, Law, Crime, and Deviance Commons^™

Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli

All Faculty Scholarship

No abstract provided.

Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley

All Faculty Scholarship

The authors use social science methodology to determine whether a doctrinal shift-from an objectivist view of criminality in the common law to a subjectivist view in modern criminal codes-is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue …

Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

The Utility Of Desert, Paul H. Robinson, John M. Darley

All Faculty Scholarship

The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …

The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson

All Faculty Scholarship

The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?

Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

A Functional Analysis Of Criminal Law, Paul H. Robinson

All Faculty Scholarship

The criminal law has three primary functions. First, it must define and announce the conduct that is prohibited (or required) by the criminal law. Such rules of conduct, as they have been called, provide ex ante direction to members of the community as to the conduct that must be avoided (or that must be performed) upon pain of criminal sanction. This may be termed the rule articulation function of the doctrine. When a violation of the rules of conduct occurs, the criminal law takes on a different role. It must decide whether the violation merits criminal liability. This second function, …

Are Criminal Codes Irrelevant?, Paul H. Robinson

All Faculty Scholarship

After planning the effort for twenty years, the American Law Institute spent ten years debating and drafting a model criminal code. Twenty-eight drafters and forty-two advisors produced thirteen reports that were debated at eight annual meetings. Twenty years later, seven reporters with twenty-five advisors completed six volumes of official commentaries. This monumental drafting effort served as only the starting point for nearly two-thirds of the states that have recodified their criminal codes since the Model Penal Code was promulgated in 1962. In every instance a commission, legislative committee, or both, devoted additional time and energy redebating and revising the 1962 …

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …

Motherhood And Crime, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

"The Black Community," Its Lawbreakers, And A Politics Of Identification, Regina Austin

All Faculty Scholarship

No abstract provided.

Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson

All Faculty Scholarship

In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …

A Police Chief's Handbook On Developmental And Power Management, Donald G. Hanna

Faculty Books

No abstract provided.

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

The Conflicts Between Female Inmates' Needs And Prisoners' Goals, Aline L. Mohr

IUSTITIA

A comparison of the purposes behind the existence of male and female institutions reveals that several common goals exist: custody, deterrence, and rehabilitation. An examination of these goals of women's prisons can be best understood in the context of whom they are aimed to serve. If the goals are to serve society alone, then the custody of female offenders is undoubtedly viewed as an accomplished goal, since society is protected and secure from the infliction of criminal acts by these female offenders. However, if the goals are directed at the inmates as well, deterrence of further criminal activity and rehabilitation …

Protest: A Forensic Concept, L. Michael Kosanovich

IUSTITIA

Today's police administrators need administrative policy statements that can be easily followed by individual officers in reacting to civil disorders.' Historical analysis reveals a system in which the police have deepened racial divisions in the United States by failing to cope with problems in ghetto areas. Employing careless policies, sometimes initiated by the police chief and other times initiated by the individual officer, the police have shown weaknesses in two major areas. First, the police have no established procedures to follow when civil disturbances erupt. Second, the police have over-reacted to civil disturbances, apparently manifesting anti-black fury by means of …

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.