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. 101, No. 2, Spring

A Lie Is a Lie: An Argument for Strict Protection against a Prosecutor's Knowing Use of Perjured Testimony
I. INTRODUCTION A criminal prosecutor is simultaneously an adversary of the defense and an agent of the sovereign. In dealing with testimony or evidence favorable to a criminal defendant, these roles of the prosecutor have conflicting incentives....
American Policing at a Crossroads: Unsustainable Policies and the Procedural Justice Alternative
1. INTRODUCTION As victimization rates have fallen, public preoccupation with policing and its crime control impact has receded. Terrorism has become the new focal point of public concern. But the apparent satisfaction with ordinary police practices...
Contemporary Prosecutions of Civil Rights Era Crimes: An Argument against Retroactive Application of Statute of Limitations Amendments
I. INTRODUCTION Racial tensions in the South and especially those in Mississippi boiled over in the summer of 1964, partly as a result of the convergence of the Freedom Summer volunteers on the state and the imminent passage of the Civil Rights...
Excusing Behavior: Reclassifying the Federal Common Law Defenses of Duress and Necessity Relying on the Victim's Role
I. INTRODUCTION Much has been written on the affirmative defenses of duress and necessity, (l) Necessity typically involves a defendant arguing that he committed the crime in order to avoid a greater harm created by natural forces. (2) Duress usually...
Repudiating Death
I. INTRODUCTION "In order to learn, one must change one's mind." --Orson Scott Card It is a rare occurrence for a Supreme Court Justice to reverse his or her stance on a particular issue. And yet, that is what has happened with three Justices'...
The Criminalization of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?
I. INTRODUCTION Imagine you are a resident in an apartment complex. Your neighbor (call him Bartley) knocks on your door one day and informs you that your infant child has been crushed to death by the elevator on the first floor. Gripped with fear,...
The Devastating Impact of Prior Crimes Evidence and Other Myths of the Criminal Justice Process
We concur in the general opinion of courts, textwriters and the profession that much of this law [concerning exclusion of evidence of prior crimes] is archaic, paradoxical and full of compromises and compensations by which an irrational advantage to...
The Supreme Court's Love-Hate Relationship with Miranda
I. INTRODUCTION The Supreme Court's recent attitude towards its landmark ruling in Miranda v. Arizona (1) seems to be one of studied ambivalence. On the one hand, the Court has ruthlessly cut back on Miranda, construing it narrowly (2) and creating...
Understanding the Antecedents of the "School-to-Jail" Link: The Relationship between Race and School Discipline
I. INTRODUCTION By virtually any measure, African-American youth fare worse in school than whites. For example, black students show less interest and effort in school activities than whites and have lower grades. They are more likely to be held...