Journal of Criminal Law and Criminology articles from March 2006

Journal of Criminal Law and Criminology archives from March 2006

Foreword: "separate but equal" in prison: Johnson v. California and common sense racism.
March 22, 2006... INTRODUCTION How could the Ninth Circuit Court of Appeals--reputed to be the nation's most liberal federal appellate court (1)--reject a constitutional challenge to "separate but equal" housing of blacks and whites (2) in prison reception...

Deportation and driving: felony DUI and reckless driving as crimes of violence following Leocal v. Ashcroft.(driving under the influence)
March 22, 2006... I. INTRODUCTION Every thirty-one minutes, someone is killed in the United States as a result of an alcohol-related motor vehicle crash. (1) Because of the high societal costs, it is hardly surprising that states impose severe penalties for...

Questionable uses of canons of statutory interpretation: why the Supreme Court erred when it decided "any" only means "some".
March 22, 2006... I. INTRODUCTION (1) In Small v. United States, (2) the United States Supreme Court held that the phrase "convicted in any court" in the United States Criminal Code's unlawful gun possession statute, 18 U.S.C. [section] 922(g), (3) includes...

Whiskey and the wires: the inadvisable application of the wire fraud statute to alcohol smuggling and foreign tax evasion.
March 22, 2006... I. INTRODUCTION In Pasquantino v. United States, (1) the Supreme Court held that a scheme to defraud a foreign government of tax revenue violates the wire fraud statute. (2) The Court further held that the common law revenue rule does not...

Roper v. Simmons: the collision of national consensus and proportionality review.
March 22, 2006... I. INTRODUCTION In 1989, the Supreme Court held in Stanford v. Kentucky that imposing the death penalty on criminals who were under the age of eighteen at the time of their crime did not violate the Eighth Amendment's prohibition against...

Johnson v. California: the Supreme Court invades the States' authority to establish criminal procedures.
March 22, 2006... I. INTRODUCTION In Johnson v. California, the United States Supreme Court held that California's procedure for evaluating a defendant's objections to the prosecution's peremptory challenges placed too high of a burden for the defendant to...

Wilkinson v. Austin and the quest for a clearly defined liberty interest standard.
March 22, 2006... I. INTRODUCTION One day, while waiting for food at the Southern Ohio Correctional Facility, inmate Kevin Roe was hit over the head with a spatula by another inmate. (1) Though Roe refused to fight back, he was soon transferred to the Ohio...

Anglo-American privacy and surveillance.
March 22, 2006... TABLE OF CONTENTS INTRODUCTION I. SURVEILLANCE AND THE LAW 1N THE UNITED STATES A. REASONABLE EXPECTATION OF PRIVACY B. NATIONAL SECURITY AND SURVEILLANCE 1. The Red Scare 2. Title III ...

Not your father's police department: making sense of the new demographics of law enforcement.
March 22, 2006... I. INTRODUCTION Several decades ago, when social scientists were discovering the police, and the Supreme Court was beginning to construct the modern law of criminal procedure, American law enforcement was structured roughly the same way it...