Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process,
2010
New York Law School
Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie Mcclain
Articles & Chapters
The robust neuroimaging debate has dealt mostly with philosophical questions about free will, responsibility, and the relationship between brain abnormalities, violence and crime. This debate, however, obscures several important issues of criminal procedure to which little attention has as of yet been paid: 1) an indigent defendant's right of access to expert testimony in cases where neuroimaging tests might be critical, 2) a defendant's competency to consent to the imposition of a neuroimaging test; and 3) the impact of antipsychotic medications on a defendant's brain at the time that such a test is performed. This article will consider these questions …
Coercing Voluntariness,
2010
University of South Carolina School of Law
A Call For Judicial Scrutiny: How Increased Judicial Discretion Has Led To Disparity And Unpredictability In Federal Sentencings For Child Pornography,
2010
Seattle University School of Law
A Call For Judicial Scrutiny: How Increased Judicial Discretion Has Led To Disparity And Unpredictability In Federal Sentencings For Child Pornography, Loren Rigsby
Seattle University Law Review
The United States Sentencing Commission (USSC) has made child pornography related crimes among the most harshly punishable federal offenses. Nevertheless, sentencing judges have regained the right to depart from the recommended Federal Sentencing Guidelines (Guidelines). The Guideline range for child pornography reflects sound and clear congressional intent to impose harsh penalties on defendants to deter, and ultimately eliminate, the market for child pornography. For this reason, this Comment argues that sentences that fall outside the Guidelines range should be reviewed with much greater scrutiny and should not be used solely to reflect a judge’s view that the advised sentence is …
Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations,
2010
University at Albany, State University of New York
Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski
Psychology Faculty Scholarship
The American jury system rests on the fundamental assumption that jurors will engage in a thorough analysis of facts and robust debate to ensure that verdicts are reliable. Research demonstrates, however, that this expectation is rarely met. All jurors do not participate equally in deliberations. This may be explained in part by social loafing, or the withdrawal of effort that may occur when an individual works in a group relative to when the individual works alone. Despite evidence that jurors do not participate equally during jury deliberations, an analysis of factors contributing to participation, or the lack thereof, has not …
Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders,
2010
The University of Illinois at Chicago
Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen
Psychology Faculty Scholarship
In this chapter, we provide a summary of current registration laws for juvenile sex offenders across the United States and discuss the assumptions that drive these laws. We consider whether these assumptions have been supported or refuted by the research produced on the topic thus far. Then, turning to new data from our own laboratory, we discuss public perceptions of registration laws. This is an important issue because expansion of registry laws to juveniles might be driven by strong public support—or politicians' and policy makers' perceptions that there is public support—for expansion of the registry. As we discuss, research does …
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing,
2010
UC Berkeley Law
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna Shepherd
Faculty Articles
The most significant development in criminal sentencing in recent decades has been the shift from indeterminate to determinate sentencing. Yet no study has systematically explored the factors leading to this shift. In this Article, we provide the first analysis to explain why state legislatures enact reforms that significantly reduce both judges’ and parole boards’ discretion over criminal sentencing. First, we develop a political economy model that explains why legislatures acting in their own self-interest may be motivated to enact these laws. Our model predicts that legislatures are more likely to enact determinate sentencing reforms when there is tension among the …
Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses,
2010
University of Richmond
Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum
Richmond Journal of Law & Technology
Sexual exploitation of children is a real and disturbing problem. However, when it comes to the sentencing of child pornography possessors, the U.S. federal system has a problem, as well. This Article adds to the current, heated discussion on what is happening in the sentencing of federal child pornography possession offenses, why nobody is satisfied, and how much the Federal Sentencing Guidelines are to blame. At the heart of this Article are the forgotten players in the discussion—computers and the Internet—and their role in changing the realities of child pornography possession. This Article argues that computers and the Internet are …
Sexting And Teenagers: Omg R U Going 2 Jail???,
2010
University of Richmond
Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio
Richmond Journal of Law & Technology
Sexting is a relatively recent practice engaged in by the young, and sometimes not-so-young, and foolish. “Sexting” is “the practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the Internet.”
A Century Of Criminal Law And Criminology,
2010
Northwestern Pritzker School of Law
A Century Of Criminal Law And Criminology, Amy Deline
Journal of Criminal Law and Criminology
No abstract provided.
Centennial Symposium: A Century Of Criminal Justice - Foreword,
2010
Northwestern Pritzker School of Law
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right,
2010
Northwestern Pritzker School of Law
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
Journal of Criminal Law and Criminology
No abstract provided.
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration,
2010
Northwestern Pritzker School of Law
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Journal of Criminal Law and Criminology
No abstract provided.
Reforming The Law On Show-Up Identifications,
2010
Northwestern Pritzker School of Law
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Journal of Criminal Law and Criminology
No abstract provided.
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them,
2010
Northwestern Pritzker School of Law
Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman
Journal of Criminal Law and Criminology
No abstract provided.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading,
2010
Northwestern Pritzker School of Law
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
Journal of Criminal Law and Criminology
No abstract provided.
Offending Women: A Double Entendre,
2010
Northwestern Pritzker School of Law
Offending Women: A Double Entendre, Joanne Belknap
Journal of Criminal Law and Criminology
No abstract provided.
Bill Clinton's Parting Pardon Party,
2010
Northwestern University School of Law
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Journal of Criminal Law and Criminology
No abstract provided.
Reflections And Perspectives On Reentry And Collateral Consequences,
2010
Northwestern Pritzker School of Law
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Journal of Criminal Law and Criminology
No abstract provided.
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects,
2010
Northwestern Pritzker School of Law
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
Journal of Criminal Law and Criminology
No abstract provided.
Drug Law Reform—Retreating From An Incarceration Addiction,
2010
University of Kentucky College of Law
Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson
Law Faculty Scholarly Articles
Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …
