Journal of Criminal Law and Criminology articles from September 2005

Journal of Criminal Law and Criminology archives from September 2005

Defense witness as "accomplice": should the trial judge give a "care and caution" instruction?
September 22, 2005... INTRODUCTION The accomplice is a familiar figure in America's criminal justice system. Several people are arrested--perhaps all at once, perhaps over a period of days, weeks, months, or even years--and charged with concerted criminal...

Gridland: an allegorical critique of federal sentencing.
September 22, 2005... Only in Wonderland. --Scalia, J. (1) The world is broad and wide. 2 --A. Square (2) INTRODUCTION It is no overstatement to say that the Supreme Court's recent decision in United States v. Booker was one of the most widely...

The political economy of entrapment.
September 22, 2005... INTRODUCTION By the time she was eighteen, Amy Lively was drinking heavily. (1) At age twenty-one, after two detoxification programs and in the midst of a divorce, she was emotionally distraught and attempted suicide. (2) Weeks later,...

Avoiding the shameful backlash: social repercussions for the increased use of alternative sanctions.
September 22, 2005... INTRODUCTION For many years, the criminal justice system relied upon jail time to punish serious offenses and fines to penalize less substantial misdeeds. Middle ground was hard to come by. But with prisons overcrowded, state budgets...

Prisons of the mind: social value and economic inefficiency in the criminal justice response to mental illness.
September 22, 2005... Can constructs of social meaning lead to actual criminal confinement? (1) Can the intangible value ascribed to the maintenance of certain social norms lead to radically inefficient choices about resource allocation? The disproportionate...

Developmental trajectories of legal socialization among serious adolescent offenders.
September 22, 2005... I. INTRODUCTION Legal socialization is the process through which individuals acquire attitudes and beliefs about the law, legal authorities, and legal institutions. This occurs through individuals' interactions, both personal and...

Counted out twice - power, representation & the "usual residence rule" in the enumeration of prisoners: a state-based approach to correcting flawed census data.
September 22, 2005... INTRODUCTION The American incarcerated population, 2,212,475 persons strong, (1) is larger than the population of the fourth-largest city in the United States, (2) commands a greater population than fifteen individual states, (3) and...

When punishing innocent conduct violates the Eighth Amendment: applying the Robinson doctrine to homelessness and other contextual "crimes".
September 22, 2005... I. INTRODUCTION This Comment will discuss the state of the forty-year-old constitutional principle (the so-called "Robinson doctrine") that criminally sanctioning a person's membership in a status violates the Eighth Amendment to the...

Speaking of Crime: The Language of Criminal Justice.(Book review)
September 22, 2005... LAWRENCE M. SOLAN & PETER M. TIERSMA, SPEAKING OF CRIME: THE LANGUAGE OF CRIMINAL JUSTICE (CHICAGO: UNIVERSITY OF CHICAGO PRESS, 2005). Pp. 289. Today, we live in the "confession era" of criminal law: a defendant's inculpation of himself...

Criminal law and criminology: a survey of recent books.
September 22, 2005... ROGER W. SHUY, CREATING LANGUAGE CRIMES: HOW LAW ENFORCEMENT USES (AND MISUSES) LANGUAGE, (Oxford University Press 2005) 185 PP. In Creating Language Crimes: How Law Enforcement Uses (and Misuses) Language, Roger W. Shuy draws on...