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. 90, No. 4, Summer

An Actuarial Risk of Assessment of Violence Posed by Murder Defendants
The Supreme Court held in Furman v. Georgia(1) that capital punishment was unconstitutional due to the arbitrary nature of then-current sentencing statutes. Citing jury discretion as the cause of inconsistent sentencing practices, the Furman decision...
Constitutional Road Maps
INTRODUCTION Generations of constitutional scholars have obsessed over the Supreme Court's unique power of review, reiterating the anti-democratic perils that attend judicial scrutiny of majoritarian legislation.(1) To some, "judicial review is...
Deceit and the Classificatiion of Crimes: Federal Rule of Evidence 609(A)(2) and the Origins of the Crimen Falsi
Few conceptual schemes in criminal law are as widely accepted, or as deeply ingrained, as the classification of offenses according to the nature and degree of their harmfulness. Whenever criminal conduct is to be classified, it is necessary to ask...
Public Law 280 and the Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made into a Right?
As central North America gradually became the United States and the United States gradually became a world military and political leader, Indians were marginalized, killed, and cheated.(1) Yet the United Slates recognized in its Constitution the unique...
Supporting the Snakeheads: Human Smuggling from China and the 1996 Amendment to the U.S. Statutory Definition of "Refugee."
I. INTRODUCTION The traffic of human beings to the United States has a long and sordid history.(1) Although slavery and indentured servitude are now illegal,(2) the law has not stopped this country s demand for cheap labor.(3) Because workers with...