Journal of Criminal Law and Criminology articles from January 1996

Journal of Criminal Law and Criminology archives from January 1996

Inside the interrogation room.
January 1, 1996... I. INTRODUCTION The "gap problem"--the gap between how law is written in the books and how it is actually practiced by legal actors in the social world--has been an ongoing concern to legal scholars at least since the advent of Legal Realism...

Making criminal codes functional: a code of conduct and a code of adjudication.
January 1, 1996... I. INTRODUCTION A traditional criminal code performs several functions. It announces the law's commands to those whose conduct it seeks to influence. It also defines the rules to be used in deciding whether a breach of the law's commands will...

The social construction of a hate crime epidemic.
January 1, 1996... I. INTRODUCTION Although definitions vary from state to state, "hate crime" generally means a crime against persons or property motivated in whole or in part by racial, ethnic, religious, gender, sexual orientation and other prejudices.!...

Race effects in juvenile justice decision-making: findings of a statewide analysis.(Florida)
January 1, 1996... I. INTRODUCTION Overrepresentation of minorities in the juvenile justice system is well-established. On a national level, minority youths are arrested in numbers greatly disproportionate to their numbers in the general population. While black...

Preventative detention and the judicial prediction of dangerousness for juveniles: a natural experiment.
January 1, 1996... I. INTRODUCTION Since 1970, legislatures have increasingly relied on preventive detention--detention before trial ordered solely to prevent an accused from committing crime during the pretrial period--as an instrument of social control.(1)...

The end of the line: an empirical study of judicial waiver.
January 1, 1996... I. INTRODUCTION When young offenders commit serious or violent offenses, should the justice system respond on the basis of "just deserts" or on the "real needs" of the offender? Waiver decisions--affecting the most serious or persistent...

Hoisted by their own petard: adverse inferences in civil forfeiture.
January 1, 1996... I. INTRODUCTION Civil forfeiture laws(2) are an important weapon in the government's arsenal against drugs.(3) By attacking the economic base of drug traffickers through civil forfeiture proceedings and seizing "drug financed" property, the...

Guiding the sentencing court's discretion: a proposed definition of the phrase "non-violent offense" under United States Sentencing Guidelines s. 5K2.13.
January 1, 1996... I. INTRODUCTION The United States Sentencing Commission enacted the Sentencing Guidelines in an attempt to establish a fair and effective federal sentencing system.(1) This system instituted sentencing ranges which the sentencing court must...

The right of silence, the presumption of innocence, the burden of proof, and a modest proposal: a reply to O'Reilly. (response to Gregory O'Reilly, Journal of Criminal Law and Criminology, vol. 85, p. 402, 1994)
January 1, 1996... I. INTRODUCTION In the Fall 1994 issue of this Journal appeared an article by Gregory O'Reilly(1) commenting upon a recent amendment of English criminal procedure which allows judges and juries to consider as evidence of guilt both a suspect's...

The Myth of Repressed Memory: False Memories and Allegations of Sexual Abuse.
January 1, 1996... By Elizabeth Loftus and Katherine Ketcham. St. Martin's Press 1994. Pp. 290. Elizabeth Loftus and Katherine Ketcham have produced another provocative, timely, and persuasive book, The Myth of Repressed Memory. The book is timely because the...

Remarks of Marvin E. Wolfgang at the Guns and Violence Symposium at Northwestern University School of Law, February 3, 1996.(response to Gary Kleck and Marc Gertz, Journal of Criminal Law and Criminology, vol. 86, no. 1, 1995)(Transcript)
January 1, 1996... The following remarks were to be delivered by Dr. Wolfgang at the Guns and Violence Symposium. For those who have not read Volume 86, Number 1 of the Journal of Criminal Law and Criminology on Guns and Violence Symposium, I would like to make...