Journal of Criminal Law and Criminology articles from June 2004

Journal of Criminal Law and Criminology archives from June 2004

Unraveling unlawful entrapment.
June 22, 2004... I. INTRODUCTION Entrapment is as old as a pleasant garden, a forbidden fruit, and a subtle snake. "The serpent beguiled me, and I did eat," pleaded Eve in response to an accusing Lord God. (1) Early English cases report instances of...

A reasoning-process review model for federal habeas corpus.
June 22, 2004... For more than a century, judges and commentators have debated the standard of review applied in federal habeas corpus cases, i.e. collateral attacks on state criminal convictions in federal court. (1) Prior to 1996, the federal statute creating...

Recognizing and remedying the harm of battering: a call to criminalize domestic violence.
June 22, 2004... I. INTRODUCTION Domestic violence as defined by our criminal justice system bears little resemblance to the abuse inflicted on over half a million women by intimate partners each year. (1) The disconnect between battering as it is...

From Nike v. Kasky to Martha Stewart: first amendment protection for corporate speakers' denials of public criminal allegations.
June 22, 2004... I. INTRODUCTION Richard Epstein once said that "[i]t is difficult to conceive of... a defense of freedom of speech so pure as to countenance securities fraud.... (1) The regulation of false or misleading statements of material fact under...

Sentencing reform lessons: from the Sentencing Reform Act of 1984 to the Feeney Amendment.
June 22, 2004... I. INTRODUCTION For more than two decades, Congress has been on a mission to obtain uniformity in the federal sentencing system. What began with the Sentencing Reform Act of 1984 ("SRA"), and was soon followed by the Sentencing Guidelines,...

I know economic activity when I see economic activity: an operational overhaul of the measure by which federal criminal conduct is deemed "economic".
June 22, 2004... I. INTRODUCTION Amid the enumerated powers delegated to Congress in the Constitution is the power to "regulate commerce... among the several states." (1) For over fifty years after President Franklin Roosevelt embarked on his New Deal...

Prisons and after prison.
June 22, 2004... JOHN H. LAUB & ROBERT J. SAMPSON, SHARED BEGINNINGS, DIVERGENT LIVES: DELINQUENT BOYS TO AGE 70 (Harvard University Press, 2003). 338 PP. LORNA A. RHODES, TOTAL CONFINEMENT, MADNESS AND REASON IN THE MAXIMUM SECURITY PRISON (University of...

The Challenge of Crime: Rethinking Our Response.(Book Review)
June 22, 2004... HENRY RUTH AND KEVIN R. REITZ, THE CHALLENGE OF CRIME: RETHINKING OUR RESPONSE (Cambridge, MA: Harvard Univ. Press 2003). 374 PP. In The Challenge of Crime, the authors argue that we still have a very incomplete understanding of the...

The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft.(Book Review)
June 22, 2004... SAMUEL DASH, THE INTRUDERS: UNREASONABLE SEARCHES AND SEIZURES FROM KING JOHN TO JOHN ASHCROFT (Rutgers University Press: New Brunswick, NJ, 2004). 172 PP. The author narrates the events and legal reasoning responsible for the...

Accountability in Restorative Justice.(Book Review)
June 22, 2004... DECLAN ROCHE, ACCOUNTABILITY IN RESTORATIVE JUSTICE (New York: Oxford Univ. Press 2003). 316 PP. The term "restorative justice" applies to many different alternatives to established systems of criminal law enforcement and has not yet been...