Journal of Criminal Law and Criminology articles from September 1998

Journal of Criminal Law and Criminology archives from September 1998

Getting out of this mess: steps toward addressing and avoiding inordinate delay in capital cases.
September 22, 1998... I. INTRODUCTION Recently a number of state capital defendants have claimed that after their lengthy stay on death row their pending executions will make no measurable contribution to acceptable goals of punishment, will be nothing more...

Comprehensive handgun licensing & registration: an analysis & critique of Brady II, gun control's next (and last?) step.
September 22, 1998... I. INTRODUCTION The Brady Handgun Violence Prevention Act,(1) which became effective in 1994, imposed a background check on prospective handgun purchasers who seek to buy handguns from federal firearm licensees (FFLs). While the handgun...

An inquiry into the right of criminal juries to determine the law in colonial America.
September 22, 1998... It was late August, 1814. The British army had scattered the American force at Bladensburg, burned the Capitol, the Executive Mansion (which has been known as the White House since the soot was painted over), and much of official Washington....

Police discipline in Chicago: arbitration or arbitrary?
September 22, 1998... I. INTRODUCTION In many jurisdictions in the United States, the final word in disciplinary actions involving police officers is not had by the chief of police, the mayor, or a civilian review board, but by an arbitrator. Using binding...

The structure of punishment norms: applying the Rossi-Berk model .
September 22, 1998... I. INTRODUCTION Over the past two decades research on the nature of public attitudes toward crime and punishment has grown substantially.(1) Much of this research has been descriptive, reporting "what the public thinks" about various...

Another stab at Schneckloth: the problem of limited consent searches and plain view seizures.
September 22, 1998... I. INTRODUCTION Shortly after dawn on the morning of October 18, 1996, agents of the Drug Enforcement Administration arrived at the apartment of Agripina Fernandez in the Washington Heights section of Manhattan to execute a warrant for her...

Therapy for convicted sex offenders: pursuing rehabilitation without incrimination.
September 22, 1998... "Mea culpa belongs to a man and his God. It is a plea that cannot be exacted from free men by human authority."(1) I. INTRODUCTION The Fifth Amendment right against self-incrimination is a fundamental protection against government...

Treatment of Offenders with Mental Disorders.(Review)
September 22, 1998... TREATMENT OF OFFENDERS WITH MENTAL DISORDERS. Robert M. Wettstein, editor. The Guilford Press 1998. 438 pp. This useful book provides a number of valuable perspectives on the pressing problem of how to address the treatment needs of...

War on Crime: Bandits, G-Men, and the Politics of Mass Culture.(Review)
September 22, 1998... CLAIRE BOND POTTER, WAR ON CRIME: BANDITS, G-MEN, AND THE POLITICS OF MASS CULTURE (New Brunswick, NJ: Rutgers University Press, 1998) 250 pp. Most studies of the first decade of J. Edgar Hoover's directorship of the FBI fail to...

Getting Away with Murder: How Politics Is Destroying the Criminal Justice System.(Review)
September 22, 1998... SUSAN ESTRICH, GETTING AWAY WITH MURDER: HOW POLITICS IS DESTROYING THE CRIMINAL JUSTICE SYSTEM (Cambridge, MA: Harvard University Press, 1998) 161 pp. The author criticizes three recent trends in criminal law: First, the ...

Between Politics and Reason: The Drug Legalization Debate.(Review)
September 22, 1998... ERICH GOODE, BETWEEN POLITICS AND REASON: THE DRUG LEGALIZATION DEBATE (NY: St. Martin's Press, 1997) 187 pp. The author presents the various positions in the debate and distinguishes empirically resolvable issues from those which...

Hate Crimes: Criminal Law and Identity Politics.(Review)
September 22, 1998... JAMES B. JACOBS & KIMBERLY POTTER, HATE CRIMES: CRIMINAL LAW AND IDENTITY POLITICS (NY: Oxford University Press, 1998) 212 pp. Recently enacted state and federal laws targeting hate crimes are examined. The authors find...

Penitentiaries, Reformatories, and Chain Gangs: Social Theory and the History of Punishment in Nineteenth-Century America.(Review)
September 22, 1998... MARK COLVIN, PENITENTIARIES, REFORMATORIES, AND CHAIN GANGS: SOCIAL THEORY AND THE HISTORY OF PUNISHMENT IN NINETEENTH-CENTURY AMERICA (NY: St. Martin's Press, 1997) 294 pp. The author aims to fill "a gap in the literature by providing...