Journal of Criminal Law and Criminology articles from September 2001

Journal of Criminal Law and Criminology archives from September 2001

Fourth Amendment privacy interests.
September 22, 2001... I. INTRODUCTION Is it possible to incorporate a serious concern for privacy into Fourth Amendment (1) jurisprudence? Even before the terrorist attacks on America, the question was a pertinent one; in the aftermath, it has become even more...

Forecasting sexual abuse in prison: the prison subculture of masculinity as a backdrop for "deliberate indifference".
September 22, 2001... INTRODUCTION On August 9, 1973, Stephen Donaldson, a Quaker peace activist, was arrested for trespassing after participating in a pray-in at the White House. (1) Upon refusing to post a ten-dollar bond on moral grounds, Donaldson was sent...

The jurisprudence of the PLRA: inmates as "outsiders" and the countermajoritarian difficulty.(Prison Litigation Reform Act)
September 22, 2001... "[J]udicial intervention is indispensable if constitutional dictates--not to mention considerations of basic humanity-are to be observed in the prisons." (1) "[The federal courts are] havens of refuge for those who might otherwise suffer...

Reconstructing consent.(police searches)
September 22, 2001... "Will you walk into my parlor? Said the Spider to the fly." (1) Every year, I witness the same mass incredulity. Why, one hundred criminal procedure students jointly wonder, would someone "voluntarily" consent to allow a police officer to...

A change of heart or a change of law? Withdrawing a guilty plea under Federal Rule of Criminal Procedure 32(e).
September 22, 2001... Our criminal justice system is awash in plea bargaining. Because of the overwhelming number of criminal cases processed through plea bargaining, courts are unquestionably reluctant to permit defendants to withdraw from their plea agreements...

A "commonsense" theory of deterrence and the "ideology" of science: the New York state death penalty debate.
September 22, 2001... Capital punishment is one of the most contentious public policy debates in the United States. While surviving since colonial times, (1) the debate has become especially heated since the U.S. Supreme Court decision in Furman v. Georgia in 1972....

As Long as They Don't Move Next Door: Segregation and Racial Conflict in American Neighborhoods.
September 22, 2001... STEPHEN GRANT MEYER, AS LONG AS THEY DON'T MOVE NEXT DOOR: SEGREGATION AND RACIAL CONFLICT IN AMERICAN NEIGHBORHOODS (ROWMAN & LITTLEFIELD, 2000) 343 PP. Dr. Stephen Meyer has chronicled the history of white resistance to housing...