Journal of Criminal Law and Criminology articles from September 2002

Journal of Criminal Law and Criminology archives from September 2002

Foreword: terrorism and utilitarianism: lessons from, and for, criminal law.(Supreme Court Review)
September 22, 2002... INTRODUCTION Punishment is violent, but its violence has a purpose. Terrorism, too, is purposeful violence. My purpose in this essay is to make this strange comparison instructive. Some terrorists defend their taking of human lives by...

Shafer v. South Carolina: another missed opportunity to remove juror ignorance as a factor in capital sentencing.(Supreme Court Review)
September 22, 2002... Shafer v. South Carolina, 532 U.S. 36 (2001) I. INTRODUCTION In Shafer v. South Carolina, (1) the Supreme Court once again confronted South Carolina's practice of refusing to inform capital juries choosing between a sentence of life...

Federal habeas review: the Supreme Court's failure to apply Williams consistently.(Supreme Court Review)
September 22, 2002... I. INTRODUCTION In Penry v. Johnson. (1) the Supreme Court reviewed for a second time the case of petitioner John Paul Penry, a mentally retarded man convicted of murder and sentenced to death by a Texas jury. (2) Acting as a federal...

United States v. Oakland Cannabis Buyers' Cooperative: whatever happened to federalism?(Supreme Court Review)
September 22, 2002... United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001). I. INTRODUCTION In United States v. Oakland Cannabis Buyers' Cooperative (1) the Supreme Court held that there is no medical exception to the Controlled...

What were they smoking?: the Supreme Court's latest step in a long, strange trip through the Fourth Amendment.(Supreme Court Review)
September 22, 2002... Kyllo v. United States, 533 U.S. 27 (2001). I. INTRODUCTION In Kyllo v. United States, (1) the United States Supreme Court addressed whether the use of a thermal imager, which detects the patterns of heat escaping from a house,...

Blurring the line: impact of offense-specific Sixth Amendment right to counsel.(Supreme Court Review)
September 22, 2002... Texas v. Cobb, 532 U.S. 162 (2001). I. INTRODUCTION In Texas v. Cobb, (1) the Supreme Court held that the right to counsel as provided for in the Sixth Amendment to the United States Constitution (2) attaches only to charged offenses,...

City of Indianapolis v. Edmond: the constitutionality of drug interdiction checkpoints. (Supreme Court Review)
September 22, 2002... City of Indianapolis v. Edmond, 531 U.S. 32 (2001). I. INTRODUCTION In City of Indianapolis v. Edmond, (1) the Supreme Court ruled on the constitutionality of a drug interdiction program operated in Indianapolis. The Supreme Court held...

Questions unanswered: the Fifth Amendment and innocent witnesses.(Supreme Court Review)
September 22, 2002... Ohio v. Reiner, 532 U.S. 17 (2001). I. INTRODUCTION In Ohio v. Reiner, (1) the United States Supreme Court examined whether a witness who denies all culpability in a child's death may still exercise a valid Fifth Amendment privilege...

Crime: Public Policies for Crime Control.(Book Review)
September 22, 2002... CRIME: PUBLIC POLICIES FOR CRIME CONTROL (JAMES Q. WILSON & JOAN PETERSILIA, EDS., OAKLAND, CA: ICS PRESS, 2002). 705 PP. Crime: Public Policies for Crime Control is a superb collection of essays by a group of distinguished criminologists...

Criminal law and criminology: a survey of recent books.
September 22, 2002... CAPITAL PUNISHMENT STUART BANNER, THE DEATH PENALTY: AN AMERICAN HISTORY (Cambridge, MA, Harvard University Press, 2002) 385 pp. Examining the death penalty's history from colonial times to the present, Banner discusses how various...