Pub Date : 2020-10-28DOI: 10.1080/0735648X.1994.9721507
J. Davey
ABSTRACT The U.S. Supreme Court has significantly modified the meaning of the Fourth Amendment over the past two decades. Numerous police practices that very often have developed as part of the “war-on-drugs” have been ruled to be acceptable. The framers of the Fourth Amendment required a showing of “probable cause” before a search or seizure could be undertaken by police. While it is true that some exceptions to the requirement of “probable cause” had been allowed by the Supreme Court prior to Burger's appointment as Chief Justice, these exceptions were very carefully limited and supported by specific public policy rationales. The Court under Burger and Rehnquist have added so many exceptions to the requirement of probable cause that there are few restrictions on police searches and seizures under the present interpretation of the Fourth Amendment. This paper will argue that the “war-on-drugs” is far more likely to destroy the Fourth Amendment than it is to destroy the drug problem and Congress or State ...
{"title":"The Death of the Fourth Amendment Under the Rehnquist Court: Where is Original Intent When we Need it?","authors":"J. Davey","doi":"10.1080/0735648X.1994.9721507","DOIUrl":"https://doi.org/10.1080/0735648X.1994.9721507","url":null,"abstract":"ABSTRACT The U.S. Supreme Court has significantly modified the meaning of the Fourth Amendment over the past two decades. Numerous police practices that very often have developed as part of the “war-on-drugs” have been ruled to be acceptable. The framers of the Fourth Amendment required a showing of “probable cause” before a search or seizure could be undertaken by police. While it is true that some exceptions to the requirement of “probable cause” had been allowed by the Supreme Court prior to Burger's appointment as Chief Justice, these exceptions were very carefully limited and supported by specific public policy rationales. The Court under Burger and Rehnquist have added so many exceptions to the requirement of probable cause that there are few restrictions on police searches and seizures under the present interpretation of the Fourth Amendment. This paper will argue that the “war-on-drugs” is far more likely to destroy the Fourth Amendment than it is to destroy the drug problem and Congress or State ...","PeriodicalId":415563,"journal":{"name":"The American Court System","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134106262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.4324/9781315051482-15
E. van den Haag
{"title":"Commentary","authors":"E. van den Haag","doi":"10.4324/9781315051482-15","DOIUrl":"https://doi.org/10.4324/9781315051482-15","url":null,"abstract":"","PeriodicalId":415563,"journal":{"name":"The American Court System","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122204967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Contemporary Look at the Effects of Rape Law Reform: How Far Have we Really Come?*","authors":"R. Bachman, R. Paternoster","doi":"10.4324/9781315051482-3","DOIUrl":"https://doi.org/10.4324/9781315051482-3","url":null,"abstract":"","PeriodicalId":415563,"journal":{"name":"The American Court System","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116637696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.4324/9781315051482-16
Andrew von Hirsch, L. Maher
{"title":"Should Penal Rehabilitationism be Revived?","authors":"Andrew von Hirsch, L. Maher","doi":"10.4324/9781315051482-16","DOIUrl":"https://doi.org/10.4324/9781315051482-16","url":null,"abstract":"","PeriodicalId":415563,"journal":{"name":"The American Court System","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123511376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Hands-Off, Hands-On, Hands-Semi-Off: A Discussion of the Current Legal Test Used by the United States Supreme Court to Decide Inmates' Rights","authors":"R. Alexander","doi":"10.4324/9781315051482-2","DOIUrl":"https://doi.org/10.4324/9781315051482-2","url":null,"abstract":"","PeriodicalId":415563,"journal":{"name":"The American Court System","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124985841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Gender is one of the strongest predictors of crime, particularly violent crime. Arrest, self report, and victimization data consistently show that men and boys commit significantly more crime, both serious and not, than women and girls. In addition evidence from the Biosocial Study - one of the country’s largest longitudinal studies of biological, psychological, and sociological predictors of crime - shows that different factors are predictive of crime among females than males. With some exceptions, biological factors were found to be more predictive of crime among females, whereas environmental factors were found to be more predictive of crime among males. These differences between the sexes raise the question of whether the criminal justice system should recognize a gender-based standard for either punishments or defenses. After a detailed look at the results of the Biosocial Study and examination of current gender-based defenses, both biological and cultural, the author concludes that criminal defenses and sentencing should be gender neutral. A policy of specific deterrence based on generalizations about immutable individual characteristics, such as gender, offends society’s notions of justice and promotes faulty stereotypes.
{"title":"Gender, Crime, And the Criminal Law Defenses","authors":"D. Denno","doi":"10.2307/1144115","DOIUrl":"https://doi.org/10.2307/1144115","url":null,"abstract":"Gender is one of the strongest predictors of crime, particularly violent crime. Arrest, self report, and victimization data consistently show that men and boys commit significantly more crime, both serious and not, than women and girls. In addition evidence from the Biosocial Study - one of the country’s largest longitudinal studies of biological, psychological, and sociological predictors of crime - shows that different factors are predictive of crime among females than males. With some exceptions, biological factors were found to be more predictive of crime among females, whereas environmental factors were found to be more predictive of crime among males. These differences between the sexes raise the question of whether the criminal justice system should recognize a gender-based standard for either punishments or defenses. After a detailed look at the results of the Biosocial Study and examination of current gender-based defenses, both biological and cultural, the author concludes that criminal defenses and sentencing should be gender neutral. A policy of specific deterrence based on generalizations about immutable individual characteristics, such as gender, offends society’s notions of justice and promotes faulty stereotypes.","PeriodicalId":415563,"journal":{"name":"The American Court System","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1994-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114714964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1993-05-01DOI: 10.1111/J.1533-8525.1993.TB00395.X
J. Kramer, Darrell Steffensmeir
The possible race differences in judicial sentencing have been of long-standing interest to social scientists. We argue, however, that prior research on the issue either uses crude measures of offe...
{"title":"Race and Imprisonment Decisions","authors":"J. Kramer, Darrell Steffensmeir","doi":"10.1111/J.1533-8525.1993.TB00395.X","DOIUrl":"https://doi.org/10.1111/J.1533-8525.1993.TB00395.X","url":null,"abstract":"The possible race differences in judicial sentencing have been of long-standing interest to social scientists. We argue, however, that prior research on the issue either uses crude measures of offe...","PeriodicalId":415563,"journal":{"name":"The American Court System","volume":"406 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1993-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131692929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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