Journal of Criminal Law and Criminology articles from March 2004

Journal of Criminal Law and Criminology archives from March 2004

Foreword: "you are entering a gay and lesbian free zone": on the radical dissents of Justice Scalia and other (post-) queers. (Raising Questions About Lawrence, Sex Wars, and the Criminal Law)
March 22, 2004... The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, (2) will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in...

The Supreme Court's excessive deference to legislative bodies under Eighth Amendment sentencing review.
March 22, 2004... Ewing v. California, 538 U.S. 11 (2003) I. INTRODUCTION In Ewing v. California, (1) five Justices of the Supreme Court held that the Eighth Amendment does not prohibit the State of California from sentencing a repeat felon to life...

The substitution of words for analysis and other judicial pitfalls: why David Sattazahn should have received double jeopardy protection.
March 22, 2004... Sattazahn v. Pennsylvania, 537 U.S. 101 (2003) I. INTRODUCTION In Sattazahn v. Pennsylvania, the Supreme Court held that double jeopardy protection does not extend to a life sentence which is the product of a hung jury at the capital...

Demore v. Kim: upholding the unnecessary detainment of legal permanent residents.
March 22, 2004... Demore v. Kim, 123 S. Ct. 1708 (2003) I. INTRODUCTION In Demore v. Kim, (1) the Supreme Court of the United States held that Congress did not offend due process rights under the Fifth Amendment in requiring that criminal aliens...

Sell v. United States: is competency enough to forcibly medicate a criminal defendant?
March 22, 2004... Sell v. United States, 123 S. Ct. 2174 (2003) I. INTRODUCTION In Sell v. United States, the United States Supreme Court found that the Constitution allows for governmental administration of antipsychotic drugs involuntarily to a...

Lockyer v. Andrade: California three strikes law survives challenge based on federal law that is anything but "clearly established".
March 22, 2004... Lockyer v. Andrade, 538 U.S. 63 (2003) I. INTRODUCTION In Lockyer v. Andrade, the United States Supreme Court held the California Court of Appeal did not err in its interpretation of Court precedent. (1) That court held that sentencing...

Stogner v. California: a collision between the ex post facto clause and California's interest in protecting child sex abuse victims.
March 22, 2004... Stogner v. California, 123 S. Ct. 2446 (2003) I. INTRODUCTION In Stogner v. California, (1) the United States Supreme Court held that California Penal Code section 803(g), (2) which extended the statute of limitations for prosecuting...

Kaupp v. Texas: breathing life into the Fourth Amendment.
March 22, 2004... I. INTRODUCTION In Kaupp v. Texas, the United States Supreme Court held that the Fourth Amendment was violated when police officers, without probable cause, went to Robert Kaupp's house in the middle of the night, awakened him, handcuffed...

Inner Lives: Voices of African American Women in Prison.(Book Review)
March 22, 2004... PAULA C. JOHNSON, INNER LIVES: VOICES OF AFRICAN AMERICAN WOMEN IN PRISON (NEW YORK AND LONDON: NEW YORK UNIVERSITY PRESS, 2003). 339 PP. I. INTRODUCTION For professionals working with the issues of women and criminality, the lean...

Criminal law and criminology: a survey of recent books.
March 22, 2004... CRIMINOLOGY DARNELL F. HAWKINS, ED., VIOLENT CRIME: ASSESSING RACE AND ETHNIC DIFFERENCES (Cambridge UK, Cambridge University Press, 2003) 432 PP. This book offers numerous contributors' views on areas of further research regarding the...