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Journal of Criminal Law and Criminology
This journal publishes articles in the field of criminal law and criminology, focusing on legal doctrine.
Articles from Vol. 94, No. 1, Fall
Apprendi in the States: The Virtues of Federalism as a Structural Limit on Errors
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In Apprendi v. New Jersey, the U.S. Supreme Court held that any fact (except recidivism) that increases a defendant's statutory maximum sentence must be proved to a jury beyond a reasonable doubt. (1) This federal constitutional ruling disrupted not...
Criminal Law and Criminology: A Survey of Recent Books
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CRIMINAL JUSTICE ADMINISTRATION LORAINE GELSTHORPE & NICOLA PADFIELD, EXERCISING DISCRETION: DECISION-MAKING IN THE CRIMINAL JUSTICE DECISION AND BEYOND (Devon, Willan Publishing, 2003) 228 pp. Recent legislative enactments in England have...
Drug Courts and the De Facto Legalization of Drug Use for Participants in Residential Treatment Facilities
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The recreational possession and use of some drugs is regarded as a criminal offense in every state in the nation. (1) What this means for an offender is that the state views discrete incidents of detected possession not as manifestations of an over-arching...
It's Not Always about the Money: Why the State Identity Theft Laws Fail to Adequately Address Criminal Record Identity Theft
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I. INTRODUCTION In October of 1995, Joshua Sours received a letter from Kohl's department store stating that "he owed money to the store in restitution for theft." (1) In fact, Sours's criminal record showed convictions for retail theft and possession...
Respect and the Fourth Amendment
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I. INTRODUCTION: THE FOURTH AMENDMENT AS A MERE TECHNICALITY One question prompted this article: "Why do many minority communities experience rage at certain police search and seizure practices involving their communities' members?" (1) My apparently...
The Relationship between Public Perceptions of Crime Seriousness and Support for Plea-Bargaining Practices in Israel: A Factorial-Survey Approach
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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...
Trying to Understand America's Death Penalty System and Why We Still Have It
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FRANKLIN E. ZIMRING, THE CONTRADICTIONS OF AMERICAN CAPITAL PUNISHMENT (NEW YORK: OXFORD UNIVERSITY PRESS 2003). 258 PP. BEYOND REPAIR? AMERICA'S DEATH PENALTY (STEPHEN P. GARVEY ED., LONDON: DUKE UNIVERSITY PRESS 2003). 244 PP. JOAN JACOBS BRUMBERG,...
