Journal of Criminal Law and Criminology articles from January 1998

Journal of Criminal Law and Criminology archives from January 1998

The consequences of false confessions: deprivations of liberty and miscarriages of justice in the age of psychological interrogation.
January 1, 1998... I. INTRODUCTION A. DEFINING THE PROBLEM Because a confession is universally treated as damning and compelling evidence of guilt,(1) it is likely to dominate all other case evidence and lead a trier of fact to convict the...

Protecting the innocent from false confessions and lost confessions - and from Miranda. (response to article by Richard A. Leo and Richard J. Ofshe, in this issue, p. 429)
January 1, 1998... For most of the last several decades, criminal procedure scholarship--mirroring the Warren Court landmarks it was commenting on--spent little time discussing the guiltless and much discussing the guilty. Recent scholarship suggests a different...

Using the innocent to scapegoat Miranda: another reply to Paul Cassell. (reponse to article by Paul G. Cassell in this issue, p.497)
January 1, 1998... I. INTRODUCTION In Protecting the Innocent from False Confessions and Lost Confessions--And From Miranda,(1) Paul Cassell advances several logically flawed and empirically erroneous propositions. These propositions appear to stem from...

Requiring battered women die: murder liability for mothers under failure to protect statutes.
January 1, 1998... Pauline Zile allowed her daughter to die. During 7-year-old Christina Holt's terrifying last weeks of lift, Pauline Zile wasn't a mother; she was a co-conspirator.(1) I will never forget seeing Christina on the living room floor, nor her...

Lindesmith v. Anslinger: an early government victory in the failed war on drugs.
January 1, 1998... I. INTRODUCTION The late Alfred Lindesmith was an Indiana University sociology professor who was a long-time advocate of medical treatment of addiction. We demonstrate below how the Federal Bureau of Narcotics (FBN) attempted to...

Don't I know you from somewhere?: why due process should bar judges from presiding over cases when they have previously prosecuted the defendant.
January 1, 1998... I. INTRODUCTION Picture the following scenario: California voters elect a Superior Court Judge who was formerly a Los Angeles County Deputy District Attorney who prosecuted O.J. Simpson in his criminal case. Some months later, Simpson...

Does Congress abuse its Spending Clause power by attaching conditions on the receipt of federal law enforcement funds to a state's compliance with "Megan's Law?"
January 1, 1998... I. INTRODUCTION In July 1994, young Megan Kanka was violently raped and murdered by her neighbor, thirty-two-year-old Jesse Timmendequas.(1) Timmendequas lured seven-year-old Megan into his home by offering to show her a puppy.(2) He...