The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the history of American criminal law, the United States Supreme Court has declared that a supermajoritarian moral belief does not necessarily provide a rational basis for criminalizing conventionally deviant conduct. The Court’s ruling is the coup de grâce to legal moralism
{"title":"Foreword: You Are Entering a Gay and Lesbian Free Zone: On the Radical Dissents of Justice Scalia and Other (Post-) Queers - [Raising Questions about Lawrence, Sex Wars, and the Criminal Law]","authors":"B. Harcourt","doi":"10.2307/3491390","DOIUrl":"https://doi.org/10.2307/3491390","url":null,"abstract":"The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the history of American criminal law, the United States Supreme Court has declared that a supermajoritarian moral belief does not necessarily provide a rational basis for criminalizing conventionally deviant conduct. The Court’s ruling is the coup de grâce to legal moralism","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"94 1","pages":"503"},"PeriodicalIF":1.8,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491390","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69210099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Explaining Crime over the Life Course... and All Points in between","authors":"A. Piquero, J. Laub, R. Sampson","doi":"10.2307/3491386","DOIUrl":"https://doi.org/10.2307/3491386","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"95 1","pages":"345"},"PeriodicalIF":1.8,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491386","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69210087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Driver Race, Ethnicity, and Gender and Citizen Reports of Vehicle Searches by Police and Vehicle Search Hits: Toward a Triangulated Scholarly Understanding","authors":"Richard J. Lundman","doi":"10.2307/3491372","DOIUrl":"https://doi.org/10.2307/3491372","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"94 1","pages":"309"},"PeriodicalIF":1.8,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491372","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69209483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"U.S. Domestic Prosecution of the American International Sex Tourist: Efforts to Protect Children from Sexual Exploitation","authors":"S. K. Andrews","doi":"10.2307/3491375","DOIUrl":"https://doi.org/10.2307/3491375","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"94 1","pages":"415-453"},"PeriodicalIF":1.8,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491375","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69210069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Murdering holiness: The trials of Franz Creffield and George Mitchell","authors":"Br Ferrall","doi":"10.5860/choice.41-5481","DOIUrl":"https://doi.org/10.5860/choice.41-5481","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"95 1","pages":"367-368"},"PeriodicalIF":1.8,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71101280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The death penalty has been justified as the "community's judgment ... [of] the defendant's outrageous affront to humanity."' In Alabama and Florida,2 the two states that use the so-called "jury override"3 in capital cases, the ultimate decision of life or death is left to the trial judge, not to the jury, as the best reflection of the "community's judgment." After the guilt phase of the trial, the jury issues only an advisory sentence of life or death, which the trial judge has the authority to override.4 In Alabama and Florida, judges have used their override power eighty-three and 167 times respectively, to sentence a defendant to death after a jury recommended
{"title":"Reforming the Jury Override: Protecting Capital Defendants' Rights by Returning to the System's Original Purpose","authors":"J. Richardson","doi":"10.2307/3491376","DOIUrl":"https://doi.org/10.2307/3491376","url":null,"abstract":"The death penalty has been justified as the \"community's judgment ... [of] the defendant's outrageous affront to humanity.\"' In Alabama and Florida,2 the two states that use the so-called \"jury override\"3 in capital cases, the ultimate decision of life or death is left to the trial judge, not to the jury, as the best reflection of the \"community's judgment.\" After the guilt phase of the trial, the jury issues only an advisory sentence of life or death, which the trial judge has the authority to override.4 In Alabama and Florida, judges have used their override power eighty-three and 167 times respectively, to sentence a defendant to death after a jury recommended","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"94 1","pages":"455"},"PeriodicalIF":1.8,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491376","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69210125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"It's Not Always about the Money: Why the State Identity Theft Laws Fail to Adequately Address Criminal Record Identity Theft","authors":"M. Perl","doi":"10.2307/3491307","DOIUrl":"https://doi.org/10.2307/3491307","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"94 1","pages":"169"},"PeriodicalIF":1.8,"publicationDate":"2003-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491307","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69209612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The settlement of criminal cases through bargained guilty pleas has been the focus of increasing research interest over the past few decades. Generally, a plea bargain is reached through an informal process of negotiation in which the prosecutor and the defense counsel reach an outof-court settlement. In such a settlement, the defendant admits guilt in return for some concession on the part of the prosecution (e.g., reducing the number and/or seriousness of the original criminal charges, or recommending a more lenient punishment than would otherwise be expected). From the prosecutor's viewpoint, plea bargaining results in speedy and certain conviction, especially when the evidence against the defendant is somewhat weak, thereby avoiding the possibility of acquittal in court, not to mention cost of the trial in terms of time and resources. From the judge's point of view, plea bargaining reduces the workload of the court. Research suggests that benefits such as these have led to increasing resort to plea bargaining. Indeed, in some jurisdictions, a vast majority of criminal defendants plead guilty after negotiation between the parties as a matter of course.'
{"title":"The Relationship between Public Perceptions of Crime Seriousness and Support for Plea-Bargaining Practices in Israel: A Factorial-Survey Approach","authors":"S. Herzog","doi":"10.2307/3491305","DOIUrl":"https://doi.org/10.2307/3491305","url":null,"abstract":"The settlement of criminal cases through bargained guilty pleas has been the focus of increasing research interest over the past few decades. Generally, a plea bargain is reached through an informal process of negotiation in which the prosecutor and the defense counsel reach an outof-court settlement. In such a settlement, the defendant admits guilt in return for some concession on the part of the prosecution (e.g., reducing the number and/or seriousness of the original criminal charges, or recommending a more lenient punishment than would otherwise be expected). From the prosecutor's viewpoint, plea bargaining results in speedy and certain conviction, especially when the evidence against the defendant is somewhat weak, thereby avoiding the possibility of acquittal in court, not to mention cost of the trial in terms of time and resources. From the judge's point of view, plea bargaining reduces the workload of the court. Research suggests that benefits such as these have led to increasing resort to plea bargaining. Indeed, in some jurisdictions, a vast majority of criminal defendants plead guilty after negotiation between the parties as a matter of course.'","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"94 1","pages":"103"},"PeriodicalIF":1.8,"publicationDate":"2003-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491305","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69209120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Trying to Understand America's Death Penalty System and Why We Still Have It","authors":"Thomas F. Geraghty","doi":"10.2307/3491308","DOIUrl":"https://doi.org/10.2307/3491308","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":"94 1","pages":"209-237"},"PeriodicalIF":1.8,"publicationDate":"2003-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3491308","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69209671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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