Journal of Criminal Law and Criminology articles from January 2004

Journal of Criminal Law and Criminology archives from January 2004

The self-incrimination clause explained and its future predicted.
January 1, 2004... Constitutional theorizing is a tricky business. The document is ancient, contains many provisions directed toward discrete problems that have little modern salience, and frequently contains vague and capacious language that defies...

The Feeney Amendment and the continuing rise of prosecutorial power to plea bargain.
January 1, 2004... Congress has come close to a drive-by rewrite of sentencing law, and a sentencing revolution may still be in the works. On April 10, 2003, Congress passed the PROTECT bill (popularly known as Amber Alert), which creates a national notification...

Driver race, ethnicity, and gender and citizen reports of vehicle searches by police and vehicle search hits: toward a triangulated scholarly understanding.
January 1, 2004... INTRODUCTION The debate over race and ethnically targeted vehicle searches by police is currently dominated by two loosely organized and very different coalitions. The first consists of civil rights and social movement organizations, such...

Capital punishment, execution publicity and murder in Houston, Texas.
January 1, 2004... Punishment is not inflicted by a rational man for the sake of the crime that has been committed--after all one cannot undo what is past--but for the sake of the future, to prevent either the same man or, by the spectacle of his punishment,...

Order maintenance reconsidered: moving beyond strong causal reasoning.
January 1, 2004... A backlash has set in against order maintenance policing strategies, if not among policymakers and the public, then at least among criminologists. This backlash has several components, but the most prominent rests on empirical studies that have...

U.S. domestic prosecution of the American international sex tourist: efforts to protect children from sexual exploitation.
January 1, 2004... I. INTRODUCTION The commercial sexual exploitation of minors by international tourists is a humanitarian tragedy carried out on a grand scale with virtually no repercussions for the criminal perpetrators. (1) According to End Child...

Reforming the jury override: protecting capital defendants' rights by returning to the system's original purpose.
January 1, 2004... I. INTRODUCTION The death penalty has been justified as the "community's judgment... [of] the defendant's outrageous affront to humanity." (1) In Alabama and Florida, (2) the two states that use the so-called "jury override" (3) in capital...

Securing Our Children's Future: New Approaches to Juvenile Justice and Youth Violence.(Book Review)
January 1, 2004... SECURING OUR CHILDREN'S FUTURE: NEW APPROACHES TO JUVENILE JUSTICE AND YOUTH VIOLENCE (GARY S. KATZMANN ED., BROOKINGS INSTITUTE PRESS 2002). 444 PP. Some time ago, I represented a thirteen-year-old boy charged with murder. I represented...

Criminal law and criminology: a survey of recent books.
January 1, 2004... FIREARM LEGISLATION BERNARD E. HARCOURT, ED., GUNS, CRIMES AND PUNISHMENT IN AMERICA (New York, New York University Press, 2003) 436 Pp. While gun control is often treated as a simple yes/no issue, the debate has become highly...