Berkeley Journal of Criminal Law最新文献

94 Different Countries? Time, Place, and Variations in Federal Criminal Justice 94不同的国家?联邦刑事司法的时间、地点和变化

Berkeley Journal of Criminal Law Pub Date : 2018-09-01 DOI: 10.15779/Z38KW57J58

Mona Lynch

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引用次数: 4

Police, Race, and the Production of Capital Homicides 警察、种族和首都凶杀案的产生

Berkeley Journal of Criminal Law Pub Date : 2018-07-12 DOI: 10.15779/Z382R3NX4X

J. Fagan, A. Geller

{"title":"Police, Race, and the Production of Capital Homicides","authors":"J. Fagan, A. Geller","doi":"10.15779/Z382R3NX4X","DOIUrl":"https://doi.org/10.15779/Z382R3NX4X","url":null,"abstract":"Racial disparities in capital punishment have been well documented for decades. Over 50 studies have shown that Black defendants more likely than their white counterparts to be charged with capital-eligible crimes, to be convicted and sentenced to death. Racial disparities in charging and sentencing in capital-eligible homicides are the largest for the small number of cases where black defendants murder white victims compared to within-race killings, or where whites murder black or other ethnic minority victims. These patterns are robust to rich controls for non-racial characteristics and state sentencing guidelines. This article backs up the research on racial disparities to an earlier stage of capital case processing: the production of capital-eligible cases beginning with the identification of potential defendants by the police. It seeks to trace these sentencing disparities to examining earlier stages in the processing of homicides. Using data from the FBI’s Supplementary Homicide Reports, we examine every homicide reported between 1976 and 2009, and find that homicides with white victims are significantly more likely to be “cleared” by the arrest of a suspect than are homicides with minority victims. We estimate a series of hierarchical regressions to show that a substantial portion of this disparity is explained by social and demographic characteristics of the county in which homicides take place. Most notably, counties with large concentrations of minority residents have lower clearance rates than do predominantly white counties; however, county characteristics do not fully explain the observed race-of-victim disparities. Our findings raise equal protection concerns, paving the way for further research into the production of capital homicides and the administration of the death penalty.","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115330253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

The Benefits of Marijuana Legalization and Regulation 大麻合法化和监管的好处

Berkeley Journal of Criminal Law Pub Date : 2018-05-09 DOI: 10.15779/Z38NK3652D

Tamar Todd

引用次数: 6

Lock Her Up! How Women Have Become the Fastest-Growing Population in the American Carceral State 把她关起来!女性如何成为美国中西部增长最快的人口

Berkeley Journal of Criminal Law Pub Date : 2018-05-09 DOI: 10.15779/Z38X34MS09

Spencer K. Beall

引用次数: 3

Getting There: On Strategies for Implementing Criminal Justice Reform 走向那里:论实施刑事司法改革的策略

Berkeley Journal of Criminal Law Pub Date : 2018-05-09 DOI: 10.15779/Z389882N0J

Susan N. Herman

引用次数: 3

Introduction to a Debate: “Marijuana: Legalize, Decriminalize, or Leave the Status Quo in Place?” 辩论导言:“大麻:合法化，非犯罪化，还是保持现状?”

Berkeley Journal of Criminal Law Pub Date : 2018-05-09 DOI: 10.15779/Z385H7BT6H

P. Larkin

引用次数: 3

Marijuana and Legalization Impacts 大麻和合法化的影响

Berkeley Journal of Criminal Law Pub Date : 2018-05-09 DOI: 10.15779/Z381V5BD5S

K. Sabet

引用次数: 2

Response to When Police Kill 对警察杀人的回应

Berkeley Journal of Criminal Law Pub Date : 2018-04-01 DOI: 10.15779/Z38HM52K3R

Stephen Rushin

{"title":"Response to When Police Kill","authors":"Stephen Rushin","doi":"10.15779/Z38HM52K3R","DOIUrl":"https://doi.org/10.15779/Z38HM52K3R","url":null,"abstract":"The purpose of this short symposium Essay is to build on Professor Zimring’s important contributions in When Police Kill. It does this by expanding on two points from the book. First, this Essay builds on Zimring’s observations about the causes of the seemingly high levels of police killings in some jurisdictions in the United States, and the failure of many jurisdictions to respond to this phenomenon. Zimring persuasively links the high number of police killings to a number of different factors. But as I argue in Part I of this Essay, another factor may be worth adding to Zimring’s lengthy list: local police union contracts, law enforcement officer bills of rights, and other labor provisions that can prevent local authorities from adequately investigating or responding to police killings. \u0000Second, this Essay explores Zimring’s recommendation at the end of his book that Congress pass “legislation expanding the funding for the civil rights division of the Department of Justice for consent decrees and litigation concerning police departments and municipalities with high rates of lethal force and poor controls of officers who shoot.” Zimring goes on to argue that the Department of Justice should place a “stronger emphasis on lethal force” in its identification of police departments in need of federal assistance through either voluntary assistance via the Community Oriented Policing Services program or full scale intervention under 42 U.S.C. § 14141. As I illustrate, this proposal is both immediately feasible and normatively desirable. By drawing on prior research into the DOJ’s use of § 14141, I demonstrate how the DOJ could harness Zimring’s proposed federal database on police violence to improve its enforcement of § 14141 in a manner that directly fights police violence. \u0000Combined, these observations merely supplement Professor Zimring’s compelling and timely research in When Police Kill.","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131092608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On the (Im)morality of the Death Penalty 论死刑的道德性

Berkeley Journal of Criminal Law Pub Date : 2018-03-14 DOI: 10.15779/Z38CC0TT5X

Meir Dan-Cohen

引用次数: 0

An Empirical Look at Commander Bias in Sexual Assault Cases 性侵案件中指挥官偏见的实证研究

Berkeley Journal of Criminal Law Pub Date : 2017-11-01 DOI: 10.2139/SSRN.2847843

Eric R Carpenter

{"title":"An Empirical Look at Commander Bias in Sexual Assault Cases","authors":"Eric R Carpenter","doi":"10.2139/SSRN.2847843","DOIUrl":"https://doi.org/10.2139/SSRN.2847843","url":null,"abstract":"In response to the American military’s perceived inability to handle sexual assault cases, the Uniform Code of Military Justice is undergoing its most significant restructuring since its creation in 1950. Critics point to the high rates of sexual assault case attrition as a sign that the system is failing sexual assault victims. The theory is that commanders are predisposed to believe the offenders, who are often good soldiers, and to disbelieve the victims, who may have behaved in ways that commanders dislike. This bias then causes high levels of attrition as the commanders undervalue the cases and divert them away from the legal process.This study tests that causal inference. It measures the attrition of sexual assault cases in the precise phase of the case processing that the commanders control – the decision to take action in the case. Using data that I received from the Army through the Freedom of Information Act, this study measures how commanders disposed of every founded sexual assault and sexual contact offense in the Army from 2008-2011. Further, this study tests the counterfactual – how commanders treated other similar cases: homicides, robberies, and assaults.This study finds that commanders treat non-penetrative sexual assaults the same or more seriously than they treat simple assaults. Further, when commanders decide to take action on penetrative sexual assault cases, commanders send more of those cases to trial than they do with comparable crimes. However, commanders decide to take no action in penetrative sexual assault cases more frequently than they do with other comparable crimes. This study includes a secondary finding that commanders treat domestic violence cases more seriously than they treat other similar assault cases.The results of this study should inform the national debate on whether Congress should remove commanders from the process. These results suggest that step may not be necessary, and research and reform efforts should focus on how military law enforcement handles these cases.","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129689076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3