Journal of Criminal Law and Criminology articles from June 1997

Journal of Criminal Law and Criminology archives from June 1997

When is strict criminal liability just?
June 22, 1997... I. Introduction The most vigorous condemnation of strict liability in criminal law comes from retributivists, not from utilitarians. Strict liability appears to be a straightforward case of punishing the blameless, an approach...

Mens rea and inchoate crimes.
June 22, 1997... I. Introduction When a defendant engages in proscribed conduct or in conduct that brings about a forbidden result, our interest focuses on his state of mind at the time he engages in the proscribed conduct or the conduct that...

Rape in the criminal justice system.
June 22, 1997... I. Introduction Modern rape scholarship has been informed by a number of empirical premises concerning the operation of the criminal justice system in rape cases. The most fundamental of these premises is that the justice system...

The whole truth: restoring reality to children's narrative in long-term incest cases.
June 22, 1997... I. Introduction M.B., a fifteen-year-old girl, states that one night, after living with her stepfather for over six years, she engaged in an act of sexual intercourse with him.(1) Although she claims to have submitted to him out...

Survey research and self-defense gun use: an explanation of extreme overestimates. (response to Gary Kleck and Marc Gertz, Journal of Criminal Law and Criminology, vol. 86, p. 150, 1995)
June 22, 1997... 1. Introduction and Summary Gary Kleck and Marc Gertz conducted a survey of civilian defensive gun use in 1992. In 1993, Kleck began publicizing the estimate that civilians use guns in self-defense against offenders up to 2.5...

The illegitimacy of one-sided speculation: getting the defensive gun use estimate down. (response to article by David Hemenway in this issue, p. 1430)
June 22, 1997... Introduction It is obvious to us that David Hemenway (H) had no intention of producing a balanced, intellectually serious assessment of our estimates of defensive gun use (DGU). Instead, his critique serves the narrow political...

A call for a truce in the DGU war. (defensive gun use)
June 22, 1997... For almost a decade scholars have been debating about how many defensive gun uses (DGUs) occur annually. Gary Kleck and colleagues,(1) citing a series of polls culminating in the 1993 Kleck-Gertz survey, argue that at least 2.55 million...

Copyrights, criminal sanctions and economic rents: applying the rent seeking model to the criminal law formulation process.
June 22, 1997... I. Introduction Few, if any, public choice theorists(1) have applied the rent seeking model(2) to the criminal law formulation process.(3) This is particularly odd given that rent seeking is such a prevalent model in examining...