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. 4, Summer

A Reasoning-Process Review Model for Federal Habeas Corpus
For more than a century, judges and commentators have debated the standard of review applied in federal habeas corpus cases, i.e. collateral attacks on state criminal convictions in federal court. (1) Prior to 1996, the federal statute creating habeas...
From Nike V. Kasky to Martha Stewart: First Amendment Protection for Corporate Speakers' Denials of Public Criminal Allegations
I. INTRODUCTION Richard Epstein once said that "[i]t is difficult to conceive of ... a defense of freedom of speech so pure as to countenance securities fraud.... (1) The regulation of false or misleading statements of material fact under the securities...
I Know Economic Activity When I See Economic Activity: An Operational Overhaul of the Measure by Which Federal Criminal Conduct Is Deemed "Economic"
I. INTRODUCTION Amid the enumerated powers delegated to Congress in the Constitution is the power to "regulate commerce ... among the several states." (1) For over fifty years after President Franklin Roosevelt embarked on his New Deal with America,...
Prisons and after Prison
JOHN H. LAUB & ROBERT J. SAMPSON, SHARED BEGINNINGS, DIVERGENT LIVES: DELINQUENT BOYS TO AGE 70 (Harvard University Press, 2003). 338 PP. LORNA A. RHODES, TOTAL CONFINEMENT, MADNESS AND REASON IN THE MAXIMUM SECURITY PRISON (University of California...
Recognizing and Remedying the Harm of Battering: A Call to Criminalize Domestic Violence
I. INTRODUCTION Domestic violence as defined by our criminal justice system bears little resemblance to the abuse inflicted on over half a million women by intimate partners each year. (1) The disconnect between battering as it is practiced and...
Sentencing Reform Lessons: From the Sentencing Reform Act of 1984 to the Feeney Amendment
I. INTRODUCTION For more than two decades, Congress has been on a mission to obtain uniformity in the federal sentencing system. What began with the Sentencing Reform Act of 1984 ("SRA"), and was soon followed by the Sentencing Guidelines, has been...
Unraveling Unlawful Entrapment
I. INTRODUCTION Entrapment is as old as a pleasant garden, a forbidden fruit, and a subtle snake. "The serpent beguiled me, and I did eat," pleaded Eve in response to an accusing Lord God. (1) Early English cases report instances of citizens being...