Journal of Criminal Law and Criminology articles from September 2003

Journal of Criminal Law and Criminology archives from September 2003

Apprendi in the states: the virtues of federalism as a structural limit on errors.
September 22, 2003... In Apprendi v. New Jersey, the U.S. Supreme Court held that any fact (except recidivism) that increases a defendant's statutory maximum sentence must be proved to a jury beyond a reasonable doubt. (1) This federal constitutional ruling...

Respect and the Fourth Amendment.
September 22, 2003... I. INTRODUCTION: THE FOURTH AMENDMENT AS A MERE TECHNICALITY One question prompted this article: "Why do many minority communities experience rage at certain police search and seizure practices involving their communities' members?" (1) My...

The relationship between public perceptions of crime seriousness and support for plea-bargaining practices in Israel: a factorial-survey approach.
September 22, 2003... The settlement of criminal cases through bargained guilty pleas has been the focus of increasing research interest over the past few decades. Generally, a plea bargain is reached through an informal process of negotiation in which the...

Drug courts and the de facto legalization of drug use for participants in residential treatment facilities.
September 22, 2003... The recreational possession and use of some drugs is regarded as a criminal offense in every state in the nation. (1) What this means for an offender is that the state views discrete incidents of detected possession not as manifestations of an...

It's not always about the money: why the state identity theft laws fail to adequately address criminal record identity theft.
September 22, 2003... I. INTRODUCTION In October of 1995, Joshua Sours received a letter from Kohl's department store stating that "he owed money to the store in restitution for theft." (1) In fact, Sours's criminal record showed convictions for retail theft...

Trying to understand America's death penalty system and why we still have it. (Bibliography)
September 22, 2003... FRANKLIN E. ZIMRING, THE CONTRADICTIONS OF AMERICAN CAPITAL PUNISHMENT (NEW YORK: OXFORD UNIVERSITY PRESS 2003). 258 PP. BEYOND REPAIR? AMERICA'S DEATH PENALTY (STEPHEN P. GARVEY ED., LONDON: DUKE UNIVERSITY PRESS 2003). 244 PP. JOAN...

Criminal law and criminology: a survey of recent books. (Bibliography)
September 22, 2003... CRIMINAL JUSTICE ADMINISTRATION LORAINE GELSTHORPE & NICOLA PADFIELD, EXERCISING DISCRETION: DECISION-MAKING IN THE CRIMINAL JUSTICE DECISION AND BEYOND (Devon, Willan Publishing, 2003) 228 pp. Recent legislative enactments in England...