Journal of Criminal Law and Criminology articles from March 1996

Journal of Criminal Law and Criminology archives from March 1996

The impact of Miranda revisited.
March 22, 1996... In 1996, the U.S. Supreme Court redefined the direction of modern confession law in Miranda v. Arizona,(1) one of the most well-known and influential legal decisions of the twentieth century. Seeking to dispel the compelling pressures it believed...

Police, plus perjury, equals polygraphy.
March 22, 1996... INTRODUCTION Criminal procedure scholars devote themselves to debating the proper scope of the Constitution's limits on police methods. The application of constitutional rules, however, depends entirely on how facts are found on motions to...

Recasting prosecutorial discretion.
March 22, 1996... Decision-making in the criminal justice system at the state level is entrusted to a myriad of elected and appointed officials who often act independently of one another. The great majority of the decisions made by the various officials are...

Punishment and the wild beast of prey: the problem of preventive detention.
March 22, 1996... Of course, the moral education theory says nothing about whether the execution of criminals might be justified not as punishment but as a method of "legitimate elimination' of criminals who are judged to have lost all of their essential humanity,...

A big mistake: eroding the defense of mistake of fact about consent in rape.
March 22, 1996... Thirty years ago, for the first time, the defense of mistake of fact(1) emerged as a defense to a charge of rape.(2) Thirty years later, the availability of that defense has been suddenly and substantially eroded. By allowing the defense only...

The impact of rape law reform on the processing of simple and aggravated rape cases.
March 22, 1996... I. Introduction There has been significant change in the laws and the rules of evidence relevant to the crime of rape during the past two decades. Reformers criticized traditional rape laws that defined rape narrowly, these laws would require...

The appearance of justice revisited.
March 22, 1996... I. Introduction In 1919, the Journal of Criminal Law and Criminology published an article by George Everson, titled "The Human Element in Justice."(1) In that article, Everson described an empirical research project examining variations in...

TV or not TV - that is the question.
March 22, 1996... The Courtroom Television Network, now in its fifth year, is the first serious commercial effort to televise selected trials nationally and to provide expert commentary on what happens in America's courtrooms.(1) More than twenty million viewers...

The appearance of justice: juries, judges and the media transcript. (edited version of Conference proceedings "The Appearance of Justice: Juries, Judges, and the Media" held 11/11/94, Woodrow Wilson School Annenberg Washington Program)(Panel Discussion)
March 22, 1996... MS. BIENEN: Leslie Abramson is a graduate of U.C.L.A. Law School. Her specific experience has been in the area of criminal defense. While a public defender, she was assigned to central felony trials, and handled over 600 felony cases and over...

Burglars on the Job: Streetlife and Residential Break-Ins.
March 22, 1996... The roots of rational choice theory trace back to the classical school of criminology and to the work of great eighteenth and nineteenth century philosophers Cesare Beccaria and jeremy Bentham. I Both men were mainly interested in the control of...