Social and Behavioral Sciences Commons^™

Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel

Journal of Criminal Law and Criminology

No abstract provided.

Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus

Journal of Criminal Law and Criminology

This paper reviews sources of distortion in memory for sexual encounters, particularly those between intoxicated participants. We review factors leading to initial misinterpretations of sexual consent including the indirect nature of sexual consent communications, misleading cultural sexual scripts, misinterpretation of passivity, and others. In this context, we consider the way in which alcohol can both contribute to initial misunderstanding and promote specific distortions in memory over time. Finally, we discuss additional influences on memory, including motivations related to self-esteem, self-concept maintenance, or litigation, and the effects of social influence from sources such as friends, forensic interviewers or therapists.

Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal

Journal of Criminal Law and Criminology

Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …

To Be Judged By Twelve Or Carried By Six? Quasi-Involuntariness And The Criminal Prosecution Of Service Members For The Use Of Force In Combat - A Grunt's Perspective, Lupe Laguna

Journal of Criminal Law and Criminology

Post-9/11 conflicts have altered the way that the United States of America and her allies fight wars. Over the last ten years military commanders have embraced counterinsurgency doctrine as the path to victory in the War on Terror. As they have done so, commanders have been faced with the difficult task of balancing the need to protect local civilian populations with the need to proactively target insurgent fighters. To accomplish this mission, the military has adopted rules of engagement that allow a service member to engage a target when he or she perceives that the target exhibits “hostile intent.” The …

An Ideological Odyssey: Evolution Of A Reformer, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley

Journal of Criminal Law and Criminology

While most prosecutors adhere to the maxim that their primary task is to obtain just results, there are some who violate their ethical responsibilities in order to rack up convictions. This article describes the distressing, decades-long absence of discipline imposed on prosecutors whose knowing misconduct has resulted in terrible injustices being visited upon defendants throughout the country. Many honorable lawyers have failed to speak out about errant prosecutors, thus enabling their ethical breaches. The silent accessories include practicing lawyers and judges of trial and reviewing courts who, having observed prosecutorial misconduct, failed to take corrective action. Fault also lies with …

Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver

Journal of Criminal Law and Criminology

Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …

Estimating The Prevalence Of Entrapment In Post-9/11 Terrorism Cases, Jesse J. Norris, Hanna Grol-Prokopczyk

Journal of Criminal Law and Criminology

How many of the terrorism convictions since September 11, 2001 have been the product of entrapment? Some scholars and journalists have suggested that the number is quite high. One report went so far as to claim that only 1% of terrorism prosecutions involve “real” terrorism. The government’s defenders, at the opposite extreme, come close to saying that entrapment in a terrorism case is a contradiction in terms.

Little empirical basis exists for evaluating these competing claims. Existing literature on terrorism and entrapment is typically based on detailed discussions of a few egregious cases, rather than systematic analysis of the phenomenon. …

Examining The Sources Of Correctional Officer Legitimacy, Benjamin Steiner, John Wooldredge

Journal of Criminal Law and Criminology

Correctional officer legitimacy has been linked to prison safety and order, and it may also be relevant for inmate well-being and facilitating behavioral change. Yet few studies have examined the sources of correctional officer legitimacy. Findings from analyses of survey data collected from over 5,500 inmates housed throughout forty-six facilities in Ohio and Kentucky revealed that inmates’ perceptions of the treatment they received during their most recent encounters with correctional officers (procedural justice) impacted the strength of their beliefs regarding the legitimacy of those officers. The analyses also revealed that background factors such as inmates’ age and race were relevant …

An Empirical Assessment Of Corporate Environmental Crime-Control Strategies, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen, Michael Vandenbergh

Journal of Criminal Law and Criminology

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and-control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in a …

Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe

Journal of Criminal Law and Criminology

No abstract provided.

Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton

Journal of Criminal Law and Criminology

No abstract provided.

A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley

Journal of Criminal Law and Criminology

No abstract provided.

The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye

Journal of Criminal Law and Criminology

No abstract provided.

Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey

Journal of Criminal Law and Criminology

No abstract provided.

Learning From Error In American Criminal Justice, James M. Doyle

Journal of Criminal Law and Criminology

No abstract provided.

When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani

Journal of Criminal Law and Criminology

No abstract provided.

Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.

A Century Of Criminal Law And Criminology, Amy Deline

Journal of Criminal Law and Criminology

No abstract provided.

Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton

Journal of Criminal Law and Criminology

No abstract provided.

A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones

Journal of Criminal Law and Criminology

No abstract provided.

Catch And Release: Procedural Unfairness On Primetime Television And The Perceived Legitimacy Of The Law, Thomas Gaeta

Journal of Criminal Law and Criminology

No abstract provided.

Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig

Journal of Criminal Law and Criminology

No abstract provided.

Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover

Journal of Criminal Law and Criminology

No abstract provided.

Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.

Capital Punishment: A Century Of Discontinuous Debate, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner

Journal of Criminal Law and Criminology

No abstract provided.

How Much Do We Really Know About Criminal Deterrence, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.

One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo

Journal of Criminal Law and Criminology

No abstract provided.

Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez

Journal of Criminal Law and Criminology

No abstract provided.