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. 3, Spring

Criminal Law and Criminology: A Survey of Recent Books
CRIMINOLOGY DARNELL F. HAWKINS, ED., VIOLENT CRIME: ASSESSING RACE AND ETHNIC DIFFERENCES (Cambridge UK, Cambridge University Press, 2003) 432 PP. This book offers numerous contributors' views on areas of further research regarding the correlation...
Demore V. Kim: Upholding the Unnecessary Detainment of Legal Permanent Residents
Demore v. Kim, 123 S. Ct. 1708 (2003) I. INTRODUCTION In Demore v. Kim, (1) the Supreme Court of the United States held that Congress did not offend due process rights under the Fifth Amendment in requiring that criminal aliens awaiting their...
Foreword: "You Are Entering a Gay and Lesbian Free Zone" (1): On the Radical Dissents of Justice Scalia and Other (Post-) Queers
The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, (2) will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the...
Kaupp V. Texas: Breathing Life into the Fourth Amendment
I. INTRODUCTION In Kaupp v. Texas, the United States Supreme Court held that the Fourth Amendment was violated when police officers, without probable cause, went to Robert Kaupp's house in the middle of the night, awakened him, handcuffed him, and...
Lockyer V. Andrade: California Three Strikes Law Survives Challenge Based on Federal Law That Is Anything but "Clearly Established"
Lockyer v. Andrade, 538 U.S. 63 (2003) I. INTRODUCTION In Lockyer v. Andrade, the United States Supreme Court held the California Court of Appeal did not err in its interpretation of Court precedent. (1) That court held that sentencing a convict...
Sell V. United States: Is Competency Enough to Forcibly Medicate a Criminal Defendant?
Sell v. United States, 123 S. Ct. 2174 (2003) I. INTRODUCTION In Sell v. United States, the United States Supreme Court found that the Constitution allows for governmental administration of antipsychotic drugs involuntarily to a mentally ill...
Stogner V. California: A Collision between the Ex Post Facto Clause and California's Interest in Protecting Child Sex Abuse Victims
Stogner v. California, 123 S. Ct. 2446 (2003) I. INTRODUCTION In Stogner v. California, (1) the United States Supreme Court held that California Penal Code section 803(g), (2) which extended the statute of limitations for prosecuting child sex...
The Substitution of Words for Analysis and Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection
Sattazahn v. Pennsylvania, 537 U.S. 101 (2003) I. INTRODUCTION In Sattazahn v. Pennsylvania, the Supreme Court held that double jeopardy protection does not extend to a life sentence which is the product of a hung jury at the capital sentencing...
The Supreme Court's Excessive Deference to Legislative Bodies under Eighth Amendment Sentencing Review
Ewing v. California, 538 U.S. 11 (2003) I. INTRODUCTION In Ewing v. California, (1) five Justices of the Supreme Court held that the Eighth Amendment does not prohibit the State of California from sentencing a repeat felon to life imprisonment...