Journal of Criminal Law and Criminology articles from September 2007

Journal of Criminal Law and Criminology archives from September 2007

Grassroots death sentences? The social movement for capital child rape laws.
September 22, 2007... I. INTRODUCTION It is widely acknowledged that politics shapes the administration and legal construction of death penalty law. Commentators on the politics of the death penalty tend to focus primarily on electoral politics, especially in...

Federal Rules of Evidence 413-415 and the struggle for rulemaking preeminence.
September 22, 2007... I. INTRODUCTION Imagine that, in response to a growing public perception that homicides were too frequently going unpunished, (1) and that rules of evidence unreasonably insulated juries from the graphic horror of the crime of murder, (2)...

Criminal procedure in perspective.
September 22, 2007... I. INTRODUCTION The reasonable person has long been a fixture of this country's legal landscape, figuring most prominently in the law of torts but also in many other arenas, including substantive criminal law, (1) employment...

Group think: the law of conspiracy and collective reason.
September 22, 2007... I. INTRODUCTION Pinkerton liability has long confounded criminal law scholars. Under this venerable doctrine, first announced by the Supreme Court in 1946, a conspirator. (1) actions may be attributed to all members of the conspiracy,...

Estimating the impact of incarceration on subsequent offending trajectories: deterrent, criminogenic, or null effect?
September 22, 2007... I. INTRODUCTION There is no doubt that the major crime-reduction strategy since the 1980s has been to increase the use of punishment, especially incapacitation, under the assumption that offenders will be prevented from committing further...

Domestic violence and mandatory arrest laws: to what extent do they influence police arrest decisions?
September 22, 2007... I. INTRODUCTION In an effort to combat intimate partner violence, state laws governing the warrantless arrest powers of the police in domestic violence cases have been greatly expanded over the past thirty years. All states have empowered...

Protecting children from the harmful behavior of adults.
September 22, 2007... I. INTRODUCTION From the outside, Detective Gary Brandl concluded that Judith Scruggs's home was well cared for, well kept, and cute for the area of town. (1) However, upon opening the front door, he was faced with the timeless grade...

The fight for post-conviction DNA testing is not yet over: an analysis of the eight remaining "holdout states" and suggestions for strategies to bring vital relief to the wrongfully convicted.
September 22, 2007... I. INTRODUCTION On the morning of April 26, 1981, approximately forty-five minutes before sunrise, an intruder entered the apartment of a Caucasian thirty-seven-year-old Dallas woman. (2) Armed with a butcher knife he had taken from her...