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. 4, Fall

"No" Still Means "Yes": The Failure of the "Non-Consent" Reform Movement in American Rape and Sexual Assault Law
I. INTRODUCTION New Haven, Conn. Yale fraternity's sexist chants A Yale University fraternity that counts both Bush presidents among its alumni has apologized after a video surfaced on YouTube showing prospective fraternity members marching...
Racial Discrimination in the Administration of the Death Penalty: The Experience of the United States Armed Forces (1984-2005)
I. INTRODUCTION This Article presents the results of an empirical study of racial discrimination in the administration of the death penalty in the United States Armed Forces between 1984, the year military law was brought into conformity with the...
Redistributive Policing
Police departments have broad policymaking discretion to arrest some offenders and permit others to engage in criminal misconduct. The way police departments exercise this discretion has harmful distributive consequences. Yet, courts do virtually nothing...
Representing Noncitizens in Criminal Proceedings: Resolving Unanswered Questions in Padilla V. Kentucky
I. INTRODUCTION In Padilla v. Kentucky, the U.S. Supreme Court decided that an attorney is obligated to tell a noncitizen client that pleading guilty to a crime may result in the client's forced removal from the United States. (1) The defendant,...
Sex Trafficking and the Sex Industry: The Need for Evidence-Based Theory and Legislation
I. INTRODUCTION Under U.S. law, sex trafficking is defined as "the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act." (1) To be punishable, the offense must involve a "severe form"...
Ten Angry Men: Unanimous Jury Verdicts in Criminal Trials and Incorporation after McDonald
I. INTRODUCTION Any American who has watched a legal drama on television or in film would assume that a criminal conviction can occur only if a jury of twelve persons votes unanimously. (1) But, as with most assumptions about the legal world, this...