Journal of Criminal Law and Criminology articles from September 2006

Journal of Criminal Law and Criminology archives from September 2006

The crime of associating with criminals? An argument for extending the Reves "operation or management" test to RICO conspiracy.
September 22, 2006... I. INTRODUCTION [T]he interpretation of the conspiracy provision presents the recurring theme of RICO jurisprudence: to interpret the statute to its full breadth in order to encompass the congressional goal of convicting insulated ring...

Law and the parameters of acceptable deviance.
September 22, 2006... I. INTRODUCTION What's the speed limit? (1) The explanatory power of one answer to that apparently innocuous question provides a useful and rich conceptualization of law that can shine light on the dynamic relationship between the...

Improving criminal jury verdicts: learning from the court-martial.
September 22, 2006... I. INTRODUCTION One of the recurring themes in recent American legal scholarship is the inadequacy of the contemporary jury system. (1) Some proposals for criminal jury "reform" suggest that we abandon our reliance on juries as arbiters of...

After Crawford double-speak: "testimony" does not mean testimony and "witness" does not mean witness.
September 22, 2006... I. INTRODUCTION: DOMESTIC VIOLENCE CASES AFTER CRAWFORD Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with [a] jury trial because a defendant is obviously guilty. This is not what the Sixth...

Police interrogation of juveniles: an empirical study of policy and practice.
September 22, 2006... I. INTRODUCTION [B]y any standards of human discourse, a criminal confession can never truly be called voluntary. With rare exception, a confession is compelled, provoked and manipulated from a suspect by a detective who...

Never going home: does it make us safer? Does it make sense? Sex offenders, residency restrictions, and reforming risk management law.
September 22, 2006... I. INTRODUCTION: MEET PATRICK LEROY Patrick Leroy is thirty-seven, and has lived almost all of his life with his mother in East St. Louis, Illinois, (1) one of the state's--and nation's-poorest communities. In 1987, when Leroy was...

Nazi Saboteurs on Trial: A Military Tribunal and American Law.(Book review)
September 22, 2006... LOUIS FISHER, NAZI SABOTEURS ON TRIAL: A MILITARY TRIBUNAL AND AMERICAN LAW (UNIV. PRESS OF KAN. 2003) 193 PP. Recent developments in the "war on terrorism" have accorded Ex parte Quirin, (1) a World War II Era opinion, flesh relevance....