Journal of Criminal Law and Criminology articles from June 2005

Journal of Criminal Law and Criminology archives from June 2005

Reliability matters: reassociating Bagley materiality, Strickland prejudice, and cumulative harmless error.
June 22, 2005... INTRODUCTION Certain errors... are like apples, while others... are like oranges. Both share the same shape (they are errors), but they have decidedly different textures, colors, and tastes, making it extremely difficult to judge their...

The ethics of cause lawyering: an empirical examination of criminal defense lawyers as cause lawyers.
June 22, 2005... INTRODUCTION In 1990, Jose Orlando Lopez retained a prominent criminal defense attorney, Barry Tarlow, to represent him on serious narcotics charges. (1) Mr. Tarlow's understanding with his client was that Tarlow would "vigorously defend...

Ripeness of self-incrimination clause disputes.
June 22, 2005... Historically, disputes regarding witnesses' claims pursuant to the Self-Incrimination Clause of the Fifth Amendment, (1) regardless of the varying contexts in which they arise, have been resolved at the time each claim is made. Thus, for...

It's already public: why federal officers should not need warrants to use GPS vehicle tracking devices.(Global Positioning System)
June 22, 2005... I. INTRODUCTION A technology previously associated with military "smart bombs" now offers police proven, substantial value in investigating the movements of criminal suspects. Global Positioning System (GPS)-based surveillance systems...

A minor exception? The impact of Lawrence v. Texas on LGBT youth.(lesbian, gay, bisexual, transgender)
June 22, 2005... I. INTRODUCTION In our nation's cities, tens of thousands of teenagers live on the streets. (1) In major urban centers like New York, San Francisco, and Chicago, up to half of all of these teens may self-identify as lesbian, gay, bisexual,...

The Emperor Has No Clothes: A Journalist Sees the Criminal Justice System.(Book Review)
June 22, 2005... STEVE BOGIRA, COURTROOM 302 (A. Knopf2005). 416 PP. Journalist Steve Bogira spent a year observing the proceedings in Courtroom 302--one of the busy felony courtrooms in Chicago's criminal courts building. Bogira's aim, through his...

Jury Trials and Plea Bargaining: A True History.(Book Review)
June 22, 2005... MIKE MCCONVILLE AND CHESTER L. MIRSKY, JURY TRIALS AND PLEA BARGAINING: A TRUE HISTORY (Oxford and Portland, Oregon: Hart Publishing 2005) 364 PP. During the first half of the nineteenth century, guilty pleas replaced jury trials as the...