Journal of Criminal Law and Criminology articles from June 2007

Journal of Criminal Law and Criminology archives from June 2007

The boundaries of plea bargaining: negotiating the standard of proof.
June 22, 2007... I. INTRODUCTION Ever since the practice of plea bargaining took root in the Anglo-American legal world, the face of the criminal sphere has changed beyond recognition. The public model of criminal procedure, which places the procedural...

Guantanamo and beyond: dangers of rigging the rules.
June 22, 2007... I. INTRODUCTION A. OVERVIEW Why are U.S. officials imprisoning and interrogating people about terrorism who are unlikely to know anything about terrorism? Why have U.S. officials created an entirely new justice system, which is now in...

The uneasy entente between legal insanity and mens rea: beyond Clark v. Arizona.
June 22, 2007... I. INTRODUCTION II. CRIMINAL RESPONSIBILITY AND THE CONSTITUTION III. MENTAL DISORDER AND CRIMINAL RESPONSIBILITY A. MENTAL DISORDER B. THE ACT DOCTRINE C. MENS REA D. LEGAL INSANITY E. MENS REA...

Bytes, BALCO, and Barry Bonds: an exploration of the law concerning the search and seizure of computer files and an analysis of the Ninth Circuit's decision in United States v. Comprehensive Drug Testing, Inc.
June 22, 2007... I. INTRODUCTION "What happened to the Fourth Amendment? Was it repealed somehow?" (1) Those are the chilling words of U.S. District Judge James Mahan, echoed by Ninth Circuit Judge Sidney Thomas in his dissent in United States v....

Assembling recidivism: the promise and contingencies of post-release life.
June 22, 2007... Interviewer: What was the first thing you did when you were released from secure care [last time]? Participant: The first day I got out I done crime.... Done another motor vehicle high speed chase. Interviewer: You did? And... can you...

Gonzales v. Oregon and the future of agency-made criminal law.
June 22, 2007... I. INTRODUCTION Over the past decade, right-to-life issues have been thrust on the American political scene in ever-increasing fashion. (1) For months at a time, one could hardly pick up a newspaper or turn on a television without being...

Arbitrary Justice: The Power of the American Prosecutor.(Book review)
June 22, 2007... ANGELA J. DAVIS, ARBITRARY JUSTICE (Oxford University Press, Inc. 2007) 264 PP. From the misguided Duke rape prosecution to the White House firings of U.S. Attorneys, our society is focusing anew on the role of the prosecutor. The...