{"title":"Blurring the Line: Impact of Offense-Specific Sixth Amendment Right to Counsel","authors":"Melis Y. Minas","doi":"10.2307/1144312","DOIUrl":"https://doi.org/10.2307/1144312","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144312","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68414002","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":"Questions Unanswered: The Fifth Amendment and Innocent Witnesses","authors":"A. Roxas","doi":"10.2307/1144314","DOIUrl":"https://doi.org/10.2307/1144314","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144314","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68414056","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":"City of Indianapolis v. Edmond: The Constitutionality of Drug Interdiction Checkpoints","authors":"A. Mulligan","doi":"10.2307/1144313","DOIUrl":"https://doi.org/10.2307/1144313","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144313","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68414012","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}
Punishment is violent, but it is violence with a purpose. The same observation might be made of terrorism. This Article compares instrumentalist justifications of utilitarian punishment and terrorism. Both terrorism and the harsh punishment for crimes favored by American criminal justice are premised on a construct of cost-benefit analysis that, while (arguably) efficient, is immoral. The Article argues that both terrorism and excessive punishment can be justified by instrumentalism, but neither should be. The comparison of terrorism and American criminal justice does not mean that they are equally bad. Terrorism is worse. There are, however, many people in the United States who are punished for social, not individual ("just desert"), objectives. When we remember that punishment is the "deliberate infliction of pain" we understand that the state is intentionally hurting people to achieve some goal. This is not as bad as what terrorists do, but the difference is one of degree, not kind.
{"title":"Foreword: Terrorism and Utilitarianism: Lessons from, and for, Criminal Law","authors":"P. Butler","doi":"10.2307/1144307","DOIUrl":"https://doi.org/10.2307/1144307","url":null,"abstract":"Punishment is violent, but it is violence with a purpose. The same observation might be made of terrorism. This Article compares instrumentalist justifications of utilitarian punishment and terrorism. Both terrorism and the harsh punishment for crimes favored by American criminal justice are premised on a construct of cost-benefit analysis that, while (arguably) efficient, is immoral. The Article argues that both terrorism and excessive punishment can be justified by instrumentalism, but neither should be. The comparison of terrorism and American criminal justice does not mean that they are equally bad. Terrorism is worse. There are, however, many people in the United States who are punished for social, not individual (\"just desert\"), objectives. When we remember that punishment is the \"deliberate infliction of pain\" we understand that the state is intentionally hurting people to achieve some goal. This is not as bad as what terrorists do, but the difference is one of degree, not kind.","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144307","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68413854","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}
Between 1910 and 1930, at least 391 women were intentionally killed by their husbands in Chicago. This is a relatively small subset of all the homicides in Chicago over this period, approximately 7297 in all. Nonetheless, it is clear that then, as now, homicide by an intimate partner was a leading cause of the premature death of women. This Article interrogates those 391 deaths for what they can tell us about marital disruption, domestic violence, and the lives of women in early-twentieth century America, and the extent to which they parallel or differ from the recent past. We discuss, among other things, the ethnicity, race, and age distribution of the victims, the apparent motivation for the murders, and the response of the criminal justice system-that is, the verdicts and/or sentences handed out, if any. To understand the implications of this data, we also explore the context in which these crimes occurred - the population changes, broader social and cultural trends that affected both the status of women and the institution of marriage, and the availability of remedies or services for victims of unhappy marriages, including the accessibility of both divorce and assistance for victims of domestic violence. From this examination, we draw a number of broader inferences about the continuing problem of marital violence, including wife murder, and society's response to it.
{"title":"Wife Murder in Chicago: 1910-1930","authors":"C. Bowman, Ben Altman","doi":"10.2307/1144242","DOIUrl":"https://doi.org/10.2307/1144242","url":null,"abstract":"Between 1910 and 1930, at least 391 women were intentionally killed by their husbands in Chicago. This is a relatively small subset of all the homicides in Chicago over this period, approximately 7297 in all. Nonetheless, it is clear that then, as now, homicide by an intimate partner was a leading cause of the premature death of women. This Article interrogates those 391 deaths for what they can tell us about marital disruption, domestic violence, and the lives of women in early-twentieth century America, and the extent to which they parallel or differ from the recent past. We discuss, among other things, the ethnicity, race, and age distribution of the victims, the apparent motivation for the murders, and the response of the criminal justice system-that is, the verdicts and/or sentences handed out, if any. To understand the implications of this data, we also explore the context in which these crimes occurred - the population changes, broader social and cultural trends that affected both the status of women and the institution of marriage, and the availability of remedies or services for victims of unhappy marriages, including the accessibility of both divorce and assistance for victims of domestic violence. From this examination, we draw a number of broader inferences about the continuing problem of marital violence, including wife murder, and society's response to it.","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144242","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68412731","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}
OF THE TWELFTH CENSUS OF THE UNITED STATES, 1900, 187 (1904). During the 1920's the average age at death for African American residents of Chicago was eleven years lower than the average age at death for white residents of the city. See ARNOLD H. KEGEL, DEPARTMENT OF HEALTH, CITY OF CHICAGO, REPORT FOR THE YEARS 1926 TO 1930, INCLUSIVE 683 (1931). 127 See Wilson & Daly, supra note 6, at 208. 2002]
{"title":"I Loved Joe, but I Had to Shoot Him: Homicide by Women in Turn-of-the-Century Chicago","authors":"J. Adler","doi":"10.2307/1144248","DOIUrl":"https://doi.org/10.2307/1144248","url":null,"abstract":"OF THE TWELFTH CENSUS OF THE UNITED STATES, 1900, 187 (1904). During the 1920's the average age at death for African American residents of Chicago was eleven years lower than the average age at death for white residents of the city. See ARNOLD H. KEGEL, DEPARTMENT OF HEALTH, CITY OF CHICAGO, REPORT FOR THE YEARS 1926 TO 1930, INCLUSIVE 683 (1931). 127 See Wilson & Daly, supra note 6, at 208. 2002]","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144248","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68412863","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}
In the criminal justice system, the ultimate and final act in any homicide case is the application of the death penalty. Of course, not all homicides result in a death sentence, and not all homicide offenders are sentenced to death. As a consequence, the question of which offenses and which offenders merit a death sentence has always been central to the concern over whether capital punishment should be used at all. On the one hand, as times change and the criminal justice system changes with them, we would expect corresponding changes in the application of the death penalty. On the other hand, if capital punishment is rooted as fundamentally in the racial and economic inequities of society as some have argued, then even over a century we might see far more similarities than differences in how many offenders are sentenced to death, who they are, and for what kinds of homicides.
{"title":"Capital Punishment for the Crime of Homicide in Chicago: 1870-1930","authors":"D. Cheatwood","doi":"10.2307/1144247","DOIUrl":"https://doi.org/10.2307/1144247","url":null,"abstract":"In the criminal justice system, the ultimate and final act in any homicide case is the application of the death penalty. Of course, not all homicides result in a death sentence, and not all homicide offenders are sentenced to death. As a consequence, the question of which offenses and which offenders merit a death sentence has always been central to the concern over whether capital punishment should be used at all. On the one hand, as times change and the criminal justice system changes with them, we would expect corresponding changes in the application of the death penalty. On the other hand, if capital punishment is rooted as fundamentally in the racial and economic inequities of society as some have argued, then even over a century we might see far more similarities than differences in how many offenders are sentenced to death, who they are, and for what kinds of homicides.","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144247","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68412848","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":"Firearm Deaths, Gun Availability, and Legal Regulatory Changes: Suggestions from the Data","authors":"Greg S. Weaver","doi":"10.2307/1144246","DOIUrl":"https://doi.org/10.2307/1144246","url":null,"abstract":"","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144246","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68412811","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}
As a result of these conditions [poverty, stigma, joblessness, the absence of daycare, etc.], the mother very frequently seeks to relieve herself of the child's care by turning heaven and earth to get rid of it honorably, and if this fails, abandons it or takes its life.I
{"title":"Understanding infanticide in context: Mothers who kill, 1870-1930 and today","authors":"M. Oberman","doi":"10.2307/1144241","DOIUrl":"https://doi.org/10.2307/1144241","url":null,"abstract":"As a result of these conditions [poverty, stigma, joblessness, the absence of daycare, etc.], the mother very frequently seeks to relieve herself of the child's care by turning heaven and earth to get rid of it honorably, and if this fails, abandons it or takes its life.I","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144241","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68412681","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}
One day Louise Harris approached her lover, Lorenzo "Bo Bo" McCarter, with a proposition that led to an agreement to kill her husband.' Harris and McCarter paid Michael Sockwell and Alex Hood one hundred dollars to carry out the gruesome killing.2 Following the killing, Harris, McCarter, Sockwell, and Hood were all convicted of capital murder in separate proceedings. In each case, a jury recommended life in prison without parole. Yet, in two of the four cases, the trial judge declined to follow the jury recommendations, choosing instead to sentence the defendants to death by electrocution. Different sentences following guilty verdicts on the same offense often occur because the "guilty/not-guilty" determination affords only the crudest approximation of culpability. Through sentencing, however, mitigating and aggravating considerations can give countenance to culpability. Still, the juries in the Harris murder cases had access to these considerations when they reached the same sentence recom-
{"title":"Life Terms or Death Sentences: The Uneasy Relationship between Judicial Elections and Capital Punishment","authors":"R. Brooks, S. Raphael","doi":"10.2307/1144239","DOIUrl":"https://doi.org/10.2307/1144239","url":null,"abstract":"One day Louise Harris approached her lover, Lorenzo \"Bo Bo\" McCarter, with a proposition that led to an agreement to kill her husband.' Harris and McCarter paid Michael Sockwell and Alex Hood one hundred dollars to carry out the gruesome killing.2 Following the killing, Harris, McCarter, Sockwell, and Hood were all convicted of capital murder in separate proceedings. In each case, a jury recommended life in prison without parole. Yet, in two of the four cases, the trial judge declined to follow the jury recommendations, choosing instead to sentence the defendants to death by electrocution. Different sentences following guilty verdicts on the same offense often occur because the \"guilty/not-guilty\" determination affords only the crudest approximation of culpability. Through sentencing, however, mitigating and aggravating considerations can give countenance to culpability. Still, the juries in the Harris murder cases had access to these considerations when they reached the same sentence recom-","PeriodicalId":47821,"journal":{"name":"Journal of Criminal Law & Criminology","volume":null,"pages":null},"PeriodicalIF":1.8,"publicationDate":"2002-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1144239","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68412613","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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