Journal of Criminal Law and Criminology articles from June 1999

Journal of Criminal Law and Criminology archives from June 1999

Liberty interests in the preventive state: procedural due process and sex offender community notification laws.
June 22, 1999... "Am I not what I am, to some degree, in virtue of what others think and feel me to be?"(1) I. INTRODUCTION Sex offenders are the scourge of modern America,(2) the "irredeemable monsters" who prey on the innocent.(3) Although this...

The vagueness of partial-birth abortion bans: deconstruction or destruction?
June 22, 1999... I. INTRODUCTION In 1997, President Clinton vetoed the most recent incarnation of the Partial-Birth Abortion Ban(1)--a controversial piece of legislation that prescribes criminal penalties such as fines and imprisonment for any physician...

Tribute to Fred E. Inbau.(includes four testimonials)
June 22, 1999... NOTE FROM THE EDITORS The Journal of Criminal Law and Criminology is proud to dedicate this issue to Professor Fred E. Inbau, who passed away on May 28, 1998. Professor Inbau's influence on criminal law was tremendous, but his influence on...

Firearms identification - "ballistics".(originally published in Journal of the American Institute of Criminal Law and Criminology, vol. 24, p. 825, 1934)(Reprint)
June 22, 1999... "In this land of lies, an ounce of good circumstance is worth many pounds of oral evidence...."(1) Judicial tribunals usually exercise considerable caution regarding the admissibility into evidence of expert testimony concerning some new...

A law enforcement program for the state of Illinois.(originally published in Journal of the American Institute of Criminal Law and Criminology, vol. 26, p. 741, 1936)(Reprint)
June 22, 1999... The primary responsibility for the enforcement of the criminal law in the United States has been assigned from the beginning to the agencies of local government--to the sheriff, the coroner, and the prosecuting attorney of the county and to the...

Self-incrimination - what can an accused person be compelled to do?(originally published in Journal of the American Institute of Criminal Law and Criminology, vol. 28, p. 261, 1937)(Reprint)
June 22, 1999... In the course of criminal investigations and criminal prosecutions it frequently becomes important, or at least desirable, to require an accused person to perform some act or to submit to what might be termed an invasion of his bodily security....

Legal pitfalls to avoid in criminal interrogations.(originally published in Journal of Criminal Law and Criminology, vol. 40, p. 211, 1949)(Reprint)
June 22, 1999... The cloud of uncertainty that has hovered over the law of confessions as a result of several United States Supreme Court decisions of the past few years has been dissipated to some extent by the Court's rulings and opinions in four very recent...

Some avoidable lie-detector mistakes.(originally published in Journal of Criminal Law and Criminology, vol. 40, p. 791, 1950)(Reprint)
June 22, 1999... The most competent lie-detector examiner ma), and does make mistakes, and in a certain percentage of his cases he is unable to arrive at a definite opinion as to whether his subject is telling the truth or lying. Nevertheless, many lie-detector...

The perversion of science in criminal personnel investigations.(originally published in Journal of Criminal Law and Criminology, vol. 42, p. 128, 1952)(Reprint)
June 22, 1999... A suspected dope peddler by the name of Rochin was about to be arrested by California law enforcement officers. He threw two capsules into his mouth and swallowed them. Believing that the capsules contained narcotics, the officers took him to a...

Should we abolish the constitutional privilege against self-incrimination?(originally published in Journal of Criminal Law and Criminology, vol. 45, p. 180, 1954)(Reprint)
June 22, 1999... Until the televised Kefauver Committee hearings several years ago, relatively few people knew that there was such a thing as the constitutional privilege, against self-incrimination. At that time this little lesson in civics came to the great...

Law and police practice: restrictions in the law of interrogation and confessions.(originally published in Northwestern University Law Review, vol. 52, p. 77, 1957)(Reprint)
June 22, 1999... When the police handcuff a suspected criminal, they, as well as the arrested person himself, have a very definite understanding as to where he is going. The purpose of the handcuffing is also quite apparent. But when the courts handcuff the...

Police interrogation - a practical necessity.(originally published in Journal of Criminal Law and Criminology, vol. 52, p. 16, 1961)(Reprint)
June 22, 1999... One completely false assumption accounts for most of the legal restrictions on police interrogations. It is this, and the fallacy is certainly perpetuated to a very considerable extent by mystery writers, the movies, and TV: whenever a crime is...

Public safety v. individual civil liberties: the prosecutor's stand.(originally published in Journal of Criminal Law and Criminology, vol. 53, p. 85, 1962)(Reprint)
June 22, 1999... Today we are faced with a serious international threat to our national existence. This we all know and recognize; and we are taking reasonable and appropriate measures to guard against any Communist attack upon this country. We are also trying...

More about public safety v. individual civil liberties.(originally published in Journal of Criminal Law and Criminology, vol. 53, p. 329, 1962)(Reprint)
June 22, 1999... Whenever a champion of individual civil liberties is branded as anti-American or as a fellow traveler of the communists he becomes highly incensed. And rightly so, because there is nothing un-American about being a civil libertarian, even of...

Democratic restraints upon the police.(originally published in Journal of Criminal Law and Criminology, vol. 57, p. 265, 1966)(Reprint)
June 22, 1999... To place the subject of democratic restraints upon the police in its proper perspective, I would like to start out by suggesting that much of today's concern about the police stems from a confusion in the minds of many persons with respect to...

"Playing God": 5 to 4 (the Supreme Court and the police).(originally published in Journal of Criminal Law and Criminology, vol. 57, p. 377, 1966)(Reprint)
June 22, 1999... (THE SUPREME COURT AND THE POLICE)(*) Over the past several years, whenever the Supreme Court of the United States rendered a decision that imposed a new restriction upon the police, many persons were heard to say: "If only the police,...

Stop and frisk: the power and the obligation of the police.(originally published in Journal of Criminal Law and Criminology, vol. 59, p. 333, 1968)(Reprint)
June 22, 1999... On June 10, the Supreme Court of the United States, in the case of Terry v. Ohio, rendered a decision that will greatly aid the police in their efforts to prevent crime and apprehend criminals. That decision, however, must not be interpreted by...

Over-reaction - the mischief of Miranda v. Arizona.(originally published in Journal of Criminal Law and Criminology, vol. 73, p. 797, 1982)(Reprint)
June 22, 1999... Immediately after the attempted assassination of President Ronald Reagan in Washington, D.C. on the early afternoon of March 30, 1981, Secret Service agents and the District of Columbia police arrested John W. Hinckley, Jr. and took him to the...

Criminal Interrogation and Confessions, 3d ed.(Review)
June 22, 1999... SELLING THE IDEA TO TELL THE TRUTH: THE PROFESSIONAL INTERROGATOR AND MODERN CONFESSIONS LAW(*) By Fred E. Inbau, John E. Reid, and Joseph P. Buckley. Baltimore: Williams & Wilkins. 1986. Pp. xvii, 353. $28.50 Of necessity,...

Youth Violence.(Review)
June 22, 1999... YOUTH VIOLENCE (Michael Tonry & Mark H. Moore, Eds.) (Chicago, The University of Chicago Press, 1998) 524 pp. A review of the available evidence indicates, according to the editors, that the level of youth violence in the 1980s and early...

Current Issues in Victimology Research.(Review)
June 22, 1999... CURRENT ISSUES IN VICTIMOLOGY RESEARCH (Laura J. Moriarty & Robert A. Jerin, Eds.) (Durham, NC: Carolina Academic Press, 1998) 290 pp. This volume is a collection of recent papers in the relatively new field of research on crime victims....

Russian Mafia in America: Immigration, Culture, and Crime.(Review)
June 22, 1999... JAMES O. FINCKENAUEUR & ELIN J. WARING, RUSSIAN MAFIA IN AMERICA: IMMIGRATION, CULTURE, AND CRIME (Boston: Northeastern University Press, 1998) 303 pp. The notion that there is a "Russian Mafia," or that emigres from the former Soviet...

Negotiating Responsibility in the Criminal Justice System.(Review)
June 22, 1999... NEGOTIATING RESPONSIBILITY IN THE CRIMINAL JUSTICE SYSTEM (Jack Kamerman, Ed.) (Carbondale, IL: Southern Illinois University Press, 1998) 197 pp. In the sociological view, reality is constructed, not given. Reality changes over time, and...

Broken Promises: Fraud by Small Business Health Insurers.(Review)
June 22, 1999... ROBERT TILLMAN, BROKEN PROMISES: FRAUD BY SMALL BUSINESS HEALTH INSURERS (Boston, Northeastern University Press, 1008) 216 pp. While "health care fraud" is generally thought to mean fraud by claimants or medical providers; the "insider"...

Evaluating Criminology and Criminal Justice.(Review)
June 22, 1999... ELLEN G. COHN, DAVID P. FARRINGTON & RICHARD A. WRIGHT, EVALUATING CRIMINOLOGY AND CRIMINAL JUSTICE (Westport, CT: Greenwood Press, 1008) 147 pp. Called "the most comprehensive literature review of citation analysis in general and the most...

Cybercrime, Cyberterrorism, Cyberwarfare: Averting an Electronic Waterloo.(Review)
June 22, 1999... CYBERCRIME... CYBERTERRORISM... CYBERWARFARE... : AVERTING AN ELECTRONIC WATERLOO (Washington, D.C.: The Center for Strategic and International Studies, 1998) 73 pp. This book is a report on America's vulnerability to disruption of its...

Comparing Prison Systems: Toward a Comparative and International Penology.(Review)
June 22, 1999... COMPARING PRISON SYSTEMS: TOWARD A COMPARATIVE AND INTERNATIONAL PENOLOGY (Robert P. Weiss & Nigel South, Eds.) (Amsterdam: Gordon and Breach Publishers, 1998) 488 pp. This book is an extensive comparative study of the penal policy of the...

The Baltic Region: Insights in Crime and Control.(Review)
June 22, 1999... THE BALTIC REGION: INSIGHTS IN CRIME AND CRIME CONTROL (Kauko Aromaa, Ed.) (Oslo: Pax Forlag A/S, 1998) 206 pp. Contributors to this volume from the Scandinavian Studies in Criminology series present findings concerning trends in crime,...

The Atlanta Youth Murders and the Politics of Race.(Review)
June 22, 1999... BERNARD HEADLEY, THE ATLANTA YOUTH MURDERS AND THE POLITICS OF RACE (Carbondale, IL: Southern Illinois University Press, 1998) 241 pp. Between the summer of 1979 and the spring of 1981, twenty-eight black males and two African American...

CORRECTION.
June 22, 1999... The Journal of Criminal Law and Criminology published a Book Review in Volume 89, Issue 2, by Leigh B. Bienen, in which the name of Louis P. Pojman, the author of one of the reviewed books, was misspelled as "Louis P. Rojman." The Journal...