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. 103, No. 1, Winter

An Empirical Assessment of Corporate Environmental Crime-Control Strategies
I. INTRODUCTION As a subtype of white-collar crime, corporate crime is typically understood to involve illegal behavior by firms and their agents (executives and managers) in the pursuit of corporate benefit. (1) Criminologists recognize that even...
"Dearest Property": Digital Evidence and the History of Private "Papers" as Special Objects of Search and Seizure
TABLE OF CONTENTS I. THE TECHNOLOGICAL CRISIS IN MODERN DOCTRINE A. Searches for Digital Evidence Pursuant to Warrant or the Vehicle Exception to the Warrant Requirement B. Searches of Digital Evidence Incident to Lawful Arrest II. THE CONTROVERSY...
Disparities in Postconviction Remedies for Those Who Plead Guilty and Those Convicted at Trial: A Survey of State Statutes and Recommendations for Reform
I. INTRODUCTION On November 19, 1991, a fourteen-year-old girl named Cateresa Matthews went missing in her hometown of Dixmoor, Illinois. (1) A few weeks later, her body was found in a nearby field; she had been sexually assaulted and died from...
Predisposition and Positivism: The Forgotten Foundations of the Entrapment Doctrine
INTRODUCTION Since the terrorist attacks of September 11, 2001, the Federal Bureau of Investigation (FBI) has quietly built a network of over 15,000 "confidential human sources," including 3,000 operatives enlisted to help "prevent, disrupt, and...
The Innocent Defendant's Dilemma: An Innovative Empirical Study of Plea Bargaining's Innocence Problem
TABLE OF CONTENTS I. INTRODUCTION II. THE HISTORICAL RISE OF PLEA BARGAINING AND ITS INNOCENCE PROBLEM A. The Rise of Plea Bargaining B. Plea Bargaining's Innocence Debate III. LABORATORY EVIDENCE OF PLEA BARGAINING'S INNOCENCE PROBLEM ...
Vulnerability and Just Desert: A Theory of Sentencing and Mental Illness
TABLE OF CONTENTS I. INTRODUCTION II. HEIGHTENED VULNERABILITY OF PRISONERS WITH SERIOUS MENTAL ILLNESSES A. Increased Likelihood of Physical Victimization B. Increased Likelihood of Sexual Victimization C. Higher Incidence of Disciplinary Infraction ...
When Innocent Defendants Falsely Confess: Analyzing the Ramifications of Entering Alford Pleas in the Context of the Burgeoning Innocence Movement
I. INTRODUCTION On August 19, 2011, Damien Echols left death row and faced the world for the first time in seventeen years. (1) Dubbed the "West Memphis Three," Echols, Jessie Misskelley, and Jason Baldwin were convicted of the brutal murders of...