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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. 89, No. 4, Summer

A Law Enforcement Program for the State of Illinois
The primary responsibility for the enforcement of the criminal law in the United States has been assigned from the beginning to the agencies of local government--to the sheriff, the coroner, and the prosecuting attorney of the county and to the police...
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Democratic Restraints upon the Police
To place the subject of democratic restraints upon the police in its proper perspective, I would like to start out by suggesting that much of today's concern about the police stems from a confusion in the minds of many persons with respect to two different...
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Firearms Identification - "Ballistics"
"In this land of lies, an ounce of good circumstance is worth many pounds of oral evidence...."(1) Judicial tribunals usually exercise considerable caution regarding the admissibility into evidence of expert testimony concerning some new phase of...
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Law and Police Practice: Restrictions in the Law of Interrogation and Confessions
When the police handcuff a suspected criminal, they, as well as the arrested person himself, have a very definite understanding as to where he is going. The purpose of the handcuffing is also quite apparent. But when the courts handcuff the police--and...
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Legal Pitfalls to Avoid in Criminal Interrogations
The cloud of uncertainty that has hovered over the law of confessions as a result of several United States Supreme Court decisions of the past few years has been dissipated to some extent by the Court's rulings and opinions in four very recent cases.(1)...
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Liberty Interests in the Preventive State: Procedural Due Process and Sex Offender Community Notification Laws
"Am I not what I am, to some degree, in virtue of what others think and feel me to be?"(1) I. INTRODUCTION Sex offenders are the scourge of modern America,(2) the "irredeemable monsters" who prey on the innocent.(3) Although this revulsion is...
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More about Public Safety V. Individual Civil Liberties
Whenever a champion of individual civil liberties is branded as anti-American or as a fellow traveler of the communists he becomes highly incensed. And rightly so, because there is nothing un-American about being a civil libertarian, even of the starry-eyed...
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Over-Reaction - the Mischief of Miranda V. Arizona
Immediately after the attempted assassination of President Ronald Reagan in Washington, D.C. on the early afternoon of March 30, 1981, Secret Service agents and the District of Columbia police arrested John W. Hinckley, Jr. and took him to the local...
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"Playing God": 5 to 4 (the Supreme Court and the Police)
(THE SUPREME COURT AND THE POLICE)(*) Over the past several years, whenever the Supreme Court of the United States rendered a decision that imposed a new restriction upon the police, many persons were heard to say: "If only the police, prosecuting...
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Police Interrogation - a Practical Necessity
One completely false assumption accounts for most of the legal restrictions on police interrogations. It is this, and the fallacy is certainly perpetuated to a very considerable extent by mystery writers, the movies, and TV: whenever a crime is committed,...
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Public Safety V. Individual Civil Liberties: The Prosecutor's Stand
Today we are faced with a serious international threat to our national existence. This we all know and recognize; and we are taking reasonable and appropriate measures to guard against any Communist attack upon this country. We are also trying to hold...
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Self-Incrimination - What Can an Accused Person Be Compelled to Do?
In the course of criminal investigations and criminal prosecutions it frequently becomes important, or at least desirable, to require an accused person to perform some act or to submit to what might be termed an invasion of his bodily security. The...
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Should We Abolish the Constitutional Privilege against Self-Incrimination?
Until the televised Kefauver Committee hearings several years ago, relatively few people knew that there was such a thing as the constitutional privilege, against self-incrimination. At that time this little lesson in civics came to the great mass...
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Some Avoidable Lie-Detector Mistakes
The most competent lie-detector examiner ma), and does make mistakes, and in a certain percentage of his cases he is unable to arrive at a definite opinion as to whether his subject is telling the truth or lying. Nevertheless, many lie-detector errors...
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Stop and Frisk: The Power and the Obligation of the Police
On June 10, the Supreme Court of the United States, in the case of Terry v. Ohio, rendered a decision that will greatly aid the police in their efforts to prevent crime and apprehend criminals. That decision, however, must not be interpreted by the...
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The Perversion of Science in Criminal Personnel Investigations
A suspected dope peddler by the name of Rochin was about to be arrested by California law enforcement officers. He threw two capsules into his mouth and swallowed them. Believing that the capsules contained narcotics, the officers took him to a hospital...
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The Vagueness of Partial-Birth Abortion Bans: Deconstruction or Destruction?
I. INTRODUCTION In 1997, President Clinton vetoed the most recent incarnation of the Partial-Birth Abortion Ban(1)--a controversial piece of legislation that prescribes criminal penalties such as fines and imprisonment for any physician performing...
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Tribute to Fred E. Inbau
NOTE FROM THE EDITORS The Journal of Criminal Law and Criminology is proud to dedicate this issue to Professor Fred E. Inbau, who passed away on May 28, 1998. Professor Inbau's influence on criminal law was tremendous, but his influence on the Journal...
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