Journal of Criminal Law and Criminology articles from January 1997

Journal of Criminal Law and Criminology archives from January 1997

Reckless complicity.
January 1, 1997... The law of complicity (or accomplices or aiding and abetting, as it is sometimes called) imposes liability on one person ("S" for secondary party) for a crime committed by another ("P" for principal party) where S intentionally helps or...

Three strikes: can we return to rationality? (includes appendix of laws enacted in California and other states)
January 1, 1997... I. Introduction California's widely publicized "Three Strikes"(1) legislation was the culmination of over a decade of "get tough on crime" legislation.(2) The story surrounding Three Strikes is symptomatic of the excesses of our...

Just say no excuse: the rise and fall of the intoxication defense. (including appendix comparing state laws)
January 1, 1997... I. Introduction On perhaps no other legal issue have courts so widely differed, or so often changed their views, as that of the legal responsibility of intoxicated offenders.(1) The question contrasts the individual's right to avoid...

Comment on Ingraham's "moral duty" to talk and the right to silence. (United Kingdom standard imposing a duty to talk on those accused of crimes)(response to Barton L. Ingraham in Journal of Crime and Criminology, vol. 86, p. 559, 1996)
January 1, 1997... I. Introduction Professor Barton L. Ingraham opened an illuminating debate about fundamental legal principles usually assumed to be at the bedrock of American democracy in his reply(1) to my article in this journal. My article...

"Driving while black" and all other traffic offenses: the Supreme Court and pretextual traffic stops.
January 1, 1997... I. Introduction The Supreme Court's decision in Whren v. United States(1) could not have surprised many observers of the Court's Fourth Amendment jurisprudence. In Whren, police officers used traffic violations as a pretext to stop a...

Statistical aspects of cases concerning racial discrimination in drug sentencing: Stephens v. State and U.S. v. Armstrong.
January 1, 1997... I. Introduction Statistical evidence has been accepted in a wide variety of legal cases, including trademark confusion,(1) product liability,(2) and jury and employment discrimination.(3) Recently, statistics introduced on behalf of...

The Scale of Imprisonment.
January 1, 1997... I. Introduction Six years ago, Franklin Zimring and Gordon Hawkins wrote an extraordinary book about America's use of imprisonment as a policy tool and as the product of complex macrosociological forces.(1) The subject matter of The...