Journal Articles

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Chapter 1: The Nature, Purpose, and Function of Criminal Law

Journal Article 1.1: Duff, R.A. (2010). A criminal law for citizens. Theoretical Criminology, 14(3), 293-309. doi: 10.1177/1362480610369784

  1. Consider the concepts of penal parsimony and overcriminalization explained by Duff (2010) and discuss its relevance to today’s tough on crime mentality.
  2. Discuss the plan Duff (2010) posited on pursuing penal parsimony. What are the pros and cons?
  3. If criminal law is supposed to protect society and maintain social order, how has criminal law done the opposite?

Journal Article 1.2: Davis, M.S. (2006). Crimes Mala in Se: An Equity-Based Definition. Criminal Justice Policy Review, 17(3), 270-289. doi: 10.1177/0887403405281962

  1. Analyze the criticism of the concept of mala in se provided by Davis (2006) and discuss whether you agree or disagree with his argument.
  2. What types of contemporary crimes are considered mala in se? What types of contemporary crimes are considered mala prohibita? What are some of the crimes that might be categorized under both?
  3. What is the equity theoretical viewpoint as discussed by Davis (2006)? Do agree or disagree with the statement that when it comes to mala in se crimes, “the restoration of equity to the victim is more important than the meting out of arbitrary penal sanctions”? Why or why not? Discuss this within the scope of retribution, incapacitation, deterrence, rehabilitation, and restoration.

Chapter 2: Constitutional Limitations

Journal Article 2.1: Boots, D.P., Bihari, J., & Elliott, E. (2009). The State of the Castle: An Overview of Recent Trends in State Castle Doctrine Legislation and Public Policy. Criminal Justice Review 34(4), 515-535. doi: 10.1177/0734016809332095

Questions that apply to this article:

  1. Issues surrounding the Second Amendment right to bear arms are constantly debated. Discuss some of these issues and debate whether or not guns should be allowed in the home.
  2. The castle doctrine protects the right to defend an individual’s home from aggressors. How did this doctrine come about? What are its origins?
  3. What are the findings of the content analysis made by the researchers? What do you believe the future of the doctrine is? Discuss the implications covered in the article.
  4. How does this relate to the cases of Trayvon Martin and Melissa Alexander?

Journal Article 2.2: Brasch, W.M. (2005). Fool’s Gold in the Nation’s Data-Mining Programs. Social Science Computer Review 23(4), 401-428. doi: 10.1177/0894439305278869

Questions that apply to this article:

  1. One of the legislative effects of the War on Terror is the Patriot Act. Discuss your beliefs regarding the necessary or unnecessary application of this law. Did Brasch’s (2005) reveal information about the Patriot Act that you did not know?
  2. How did the Patriot Act invade individual and organizational privacy? What are the conclusions made by Brasch (2005)? How has the Patriot Act allowed agencies to collect information? How has this affected privacy concerns?
  3. Did Brasch (2005) offer alternatives to protecting privacy? How would you suggest solutions to balancing concerns of national security with individual privacy?

Journal Article 2.3: Knowles, H.J. (2011). A dialogue on death penalty dignity. Criminology and Criminal Justice, 11(2), 115-128. doi: 10.1177/1748895811398457

  1. How is the concept of dignity relevant to discussions of capital punishment? Do you believe dignity is an inalienable right despite its specific exclusion in the United States Constitution? Because it is not included in the Constitution, should it still be included in death penalty judicial discussions?
  2. What are the three main types of dignity as discussed by Knowles (2011)? How does each differ from the other? How are they the same?
  3. How can dignity be use to argue for the death penalty? How can it be used to argue against it?

Chapter 3: Elements of Crimes

Journal Article 3.1: Wagstaff, G.F. (2008). Hypnosis and the Law: Examining the Stereotypes. Criminal Justice and Behavior, 35(10), 1277-1294. doi: 10.1177/0093854808321669

  1. Historically, how is hypnosis described? How does Wagsaff (2008) critique this description? How does hypnosis work today?
  2. What is dissociated control theory? How does it relate to automatism and hypnosis? Do you believe this theory to be a valid theory? Why or why not?
  3. Do you believe that a person under hypnosis can commit a crime? Why or why not? Should acts committed while in a hypnotic state be covered under the Model Penal Code?

Journal Article 3.2: Ask, K. & Pina, A. (2011). On Being Angry and Punitive: How Anger Alters Perception of Criminal Intent. Social Psychological and Personality Science, 2(5), 494-499. doi: 10.1177/1948550611398415

  1. What is the role of emotions when determining crime seriousness or a perpetrator’s blameworthiness? Do you believe this is applicable to juries and judges? If so, how might it affect the criminal justice system?
  2. How did Ask & Pina (2011) measure punitiveness? How did they select their participants? Critique their study and discuss its pros and cons.
  3. According to Ask & Pina (2011), how is the concept of legal mental state differ from that of the lay person’s definition of a mental state? How might this affect jury decision making? What are some of the possible implications of this study?

Chapter 4: Parties to Crimes

Journal Article 4.1: Jones, P.J. & Wardle, C. (2008). ‘No emotion, no sympathy’: The visual construction of Maxine Carr.  Crime Media Culture 4(1), 53-71. doi: 10.1177/1741659007087271

  1. Summarize the story of Ian Huntley and Maxine Carr. According to Jones & Wardle (2008), how did the media demonize Carr? What types of tactics did the media employ to characterize her? Do you believe this demonization affected the trial? How so? How did it affect her life?
  2. Did the fact that Carr was first charged, but later cleared, with two counts of assisting an offender influence the trial and the public admonishment against her? Do you believe she should have been charged as an accomplice or an accessory? Why or why not? Do you believe that those who assist by presenting false alibis for perpetrators be charged as an accomplice or an accessory? Why or why not?
  3. How much power, do you believe, the media has in shaping public perceptions? What about public policy? How has the media created archetypes of criminality? Discuss examples from different types of media.

Journal Article 4.2: Mills, J.E., Hu, B., Beldona, S., & Clay, J. (2001). Cyberslacking!: A Liability Issue for Wired Workplaces. Cornell Hotel and Restaurant Administration Quarterly, 42, 34-47. doi: 10.1177/0010880401425004

  1. According to the article, what are some of the potential legal dangers of a wired workplace? What are the types of activities committed by employees that may pose risks for their employers? Have you or anyone you know participated in such activities during work hours?
  2. How is the concept of vicarious liability being applied?
  3. Do you believe that employers should be responsible for criminal acts committed by their employees during work hours? Why or why not? Discuss examples of when employers should be and when they should not be.

Chapter 5: Attempt, Solicitation, and Conspiracy

Journal Article 5.1: Urbina, M.G., & Kreitzer, S. (2004). The Practical Utility and Ramifications of RICO: Thirty-Two Years after its Implementation. Criminal Justice Policy Review, 15(3), 294-323. doi: 10.1177/0887403403252669

  1. What is RICO and what was the reason for its development? What types of activities are covered under RICO? Why is it considered a controversial law?
  2. According to Urbina & Kreitzer (2004), what are the debates surrounding RICO? Discuss the pros and cons of such a law.
  3. What is the purpose of Urbina and Kreitzer’s study? What are they trying to examine? What are their findings? Do you believe this study will be beneficial to the future of RICO? Why or why not? How do you think it will impact RICO?

Journal Article 5.2: Cohen, A.W. (2003). The Racketeer’s Progress: Commerce, Crime, and the Law in Chicago, 1900-1940. Journal of Urban History, 29(5), 575-593. doi: 10.1177/0096144203253888

  1. According to Cohen (2003), what are the origins of racketeering? How did it evolve through the years? Who are the main perpetrators? Who are the main victims?
  2. How did racketeering impact the city of Chicago? How did it shape the city’s criminal justice system?
  3. Is racketeering still relevant today? How is racketeering portrayed in the media? Is this a true representation?

Chapter 6: Criminal Defenses: Justifications and Excuses

Journal Article 6.1: Bamgbose, O. (2004). Euthanasia: Another Face of Murder. International Journal of Offender Therapy and Comparative Criminology, 48(1), 111-121. doi: 10.1177/0306624X03256662

  1. Summarize the article. What are the main arguments made by Bamgbose (2004)? Do you agree? Why or why not? How has the concept of euthanasia been shaped through debates and legislative actions?
  2. What is your stance on euthanasia? How is euthanasia being treated all over the world? Is there ever a situation where euthanasia might be acceptable or is it simply a black and white concept?
  3. Discuss the issue of consent from the perspective of an individual who assisted another to commit suicide. Discuss consent from the perspective of an individual who is seeking assistance to die.

Journal Article 6.2: Downs, W.R., Rindels, B., & Atkinson, C. (2007). Women’s Use of Physical and Nonphysical Self-Defense Strategies During Incidents of Partner Violence. Violence Against Women, 13(1), 28-45. doi: 10.1177/1077801206294807

  1. How is self-defense operationalized in the article? How did the researchers examine the role of self-defense in partner violence? How is self-defense complicated by the issue of partner violence?
  2. What are the findings of the study? What is the difference between physical and nonphysical self-defense? Discuss some of the examples given in the study. How are women employing these self-defense tactics to protect themselves?
  3. What are the central elements of self-defense? From a legal perspective, are the women’s tactics considered self-defense? Why or why not?

Journal Link 6.3: Tobolowsky, P.M. (2004), Capital Punishment and the Mentally Retarded Offender.  The Prison Journal, 84(3), 340-360. doi: 10.1177/0032885504268182

  1. Summarize the cases that shows the evolution of capital punishment cases of mentally retarded offenders. What cases shaped how the mentally retarded offenders are being treated in capital cases today?
  2. What is your stance on sentencing a mentally retarded offender to death? Do you believe that the nature of a crime committed by a mentally challenged defendant should determine whether he or she is put to death? Why or why not?
  3. According to Tobolowsky (2004), what is the significance of Atkins and Penry cases?

Chapter 7: Homicide

Journal Article 7.1: Dirks-Linhorst, P.A. & Kondrat, D. (2012). Tough on Crime or Beating the System: An Evaluation of Missouri Department of Mental Health’s Not Guilty by Reason of Insanity Murder Acquittees. Homicide Studies, 16(2), 129-150. doi: 10.1177/1088767912438711

  1. What is the difference between Not Guilty by Reason of Insanity (NGRI) and Guilty but Mentally Ill (GBMI)? In Missouri, what happens to defendants found to be NGRI? Do you believe this is fair and just? Why or why not? Are there other alternatives?
  2. What are the main questions asked by Dirks-Linhorst & Kondrat (2012)? What are they trying to measure? How are they measuring it?
  3. What are their findings? What are the differences between the groups the researchers were comparing? What are the implications of this study?

Journal Link 7.2: Almond, P. (2009). Understanding the seriousness of corporate crime: Some lessons for the new ‘corporate manslaughter’ offence. Criminology and Criminal Justice, 9(2), 145-164. doi: 10.1177/1748895809102550

  1. What is corporate manslaughter? How does Almond (2009) define it?
  2. What did Almond (2009) find in his surveys? Are the results significant to the concept of corporate manslaughter? How so?
  3. What is the future of corporate manslaughter? Do you believe states or the federal government should adopt corporate manslaughter laws? Why or why not?

Chapter 8: Sexual Offenses and Other Crimes Against the Person

Journal Link 8.1: Baker, T., Burgess, A.W., Rabun Jr., J.B., & Nahirny, C. (2002). Abductor Violence in Nonfamily Infant Kidnapping. Journal of Interpersonal Violence, 17(11), 1218-1233. doi: 10.1177/088626002237403

  1. What is nonfamily abductions? How is it defined in the article and what are the common characteristics of such abductions?
  2. How did the researchers study nonfamily abductions? What were their findings? How might these findings influence the criminal justice system?
  3. What sorts of tactics can hospitals and the criminal justice system explore in order to prevent nonfamily abductions? What sorts of tactics can hospitals and the criminal justice system utilize at the event of a nonfamily abduction?

Journal Link 8.2: Du Mont, J., Miller, K.L., & Myhr, T.L. (2003). The Role of “Real Rape” and “Real Victim” Stereotypes in the Police Reporting Practices of Sexually Assaulted Women. Violence Against Women, 9(4), 466-486. doi: 10.1177/1077801202250960

  1. What do you believe are some of the reasons that some victims don’t report sexual assault crimes? How would you suggest to change this?
  2. What is “real rape?” What is “real victim?” According to the article, what is their significance to the crime of sexual assault?
  3. How did the researchers study real rape and real victim stereotypes? What are the findings? How might these findings influence the criminal justice system?

Chapter 9: Crimes Against Property

Journal Link 9.1: Martin, D. (2002). Spatial Patterns in Residential Burglary: Assessing the Effect of Neighborhood Social Capital. Journal of Contemporary Criminal Justice, 18(2), 132-146. doi: 10.1177/1043986202018002002

  1. What is social disorganization theory? According to Martin (2002), how is it relevant to residential burglary?
  2. What are the characteristics of the locations studied by Martin (2002)? How are these characteristics relevant to social disorganization theory?
  3. What are the findings in the study? How might these findings influence the criminal justice system? How might it influence public policy? 

Journal Link 9.2: Kocsis, R.N. & Cooksey, R.W. (2002). Criminal Psychological Profiling of Serial Arson Crimes. International Journal of Offender Therapy and Comparative Criminology, 46(6), 631-656. doi: 10.1177/0306624X02238159

  1. In general, how is the crime of arson studied in social science? How do Kocsis & Cooksey (2002) critique this?
  2. According to Kocsis & Cooksey (2002), what are the six categories of arson established in the literature? Describe and discuss each of them.
  3. What are the findings of the study conducted by Kocsis & Cooksey (2002)? What is the significance of their proposed model to the criminal justice system? How can the model be utilized to deal with arson crimes?

Chapter 10: White-Collar and Organized Crime

Journal Link 10.1: Ragatz, L.L., Fremouw, W., & Baker, E. (2012). The Psychological Profile of White-collar Offenders: Demographics, Criminal Thinking, Psychopathic Traits, and Psychopathology. Criminal Justice Behavior, 39(7), 978-997. doi: 10.1177/0093854812437846

  1. What is white collar crime? What does the literature and past research say about white collar crimes? How are white collar criminals differ from non-white-collar criminals?
  2. What are the researchers attempting to explore in their study? With what types of crimes are their participants convicted? What are their characteristics?
  3. What were the findings in the study?  How might it influence the criminal justice system?

Journal Link 10.2: Van Slyke, S. & Bales, W.D. (2012). A contemporary study of the decision to incarcerate white-collar and street property offenders. Punishment & Society, 14(2), 217-246. doi: 10.1177/1462474511434437

  1. Do you believe white collar criminals are treated too leniently? Why or why not? Discuss cases that you know about and/or those provided in the article.
  2. According to the article, what are the differences in sentencing for white collar criminals and street property offenders? What is the status shield and how is it relevant to sentencing?
  3. What were the findings in Van Slyke & Bales (2012)? How might it influence policy making and the criminal justice system?

Chapter 11: Crimes Against Public Order and Morality

Journal Link 11.1: Monto, M.A. (2004). Female Prostitution, Customers, and Violence. Violence Against Women,10(2), 160-188. doi: 10.1177/1077801203260948

  1. What types of risks to female prostitutes face in their line of work? How do various definitions of prostitution differ from one another?
  2. What are the characteristics of customers? Are they representative of the whole population? What are some of the reasons that these customers seek out prostitutes?
  3. What are some of the arguments for prostitution? Against prostitution? What are your opinions on this issue?

Journal Link 11.2: Messer, C.M. & Bell, P.A. (2010). Mass Media and Governmental Framing of Riots: The Cast of Tulsa, 1921. Journal of Black Studies, 40(5), 851-870. doi: 10.1177/0021934708318607

  1. Discuss recent riots that have been covered in the media. How are these riots portrayed? What do you think is the difference between a riot and a rebellion?
  2. According to the article, how has race relations of the time period incited conflict and riots? How has the Tulsa riot portrayed on different levels? How did the victims frame the riots?
  3. What are the different types of frames discussed in the article? How has framing influenced responses to riots? 

Chapter 12: Crimes Against Social Order and Morality: Alcoholism, Gambling, and Drug Offenses

Journal Link 12.1: Veneziano, L. & Veneziano, C. (1993). Are Victimless Crimes Actually Harmful? Journal of Contemporary Criminal Justice, 9(1), 1-14. doi: 10.1177/104398629300900102

  1. First, discuss whether or not students believe that crimes that are considered “victimless crimes” are actually harmful. After reading the article, discuss whether the points presented in the article changed or reaffirmed students’ perceptions and beliefs.
  2. According to the article, what is the relationship between crime and morality? Do you agree? Why or why not?
  3. What were the findings of Veneziano & Veneziano (1993)? Which variables were significant? What might be the implications of this study?

Journal Link 12.2: Jensen, E.L., Gerber, J., & Mosher. C. (2004). Social Consequences of the War on Drugs: The Legacy of Failed Policy. Criminal Justice Policy Review, 15(1), 100-121. doi:10.1177/0887403403255315

  1. What is the history of the war on drugs? How did it come about and how did it evolve? What do you believe were the goals of this war? Do you believe these are valid goals? Why or why not?
  2. The war on drugs not only impacted all aspects of the criminal justice system, but also other institutions. According to the article, which institutions saw an impact? How were they impacted? Were they positive of negative?
  3. Why has the war on drugs failed? Discuss how you would reform the policies.

Chapter 13: Offenses Against Public Administration and the Administration of Justice

Journal Link 13.1: Johnston, M. (2012). Corruption control in the United States: law, values, and the political foundations of reform. International Review of Administrative Services, 78(2), 329,345. doi: 10.1177/0020852312438782

  1. How does Johnston (2012) define corruption? What are the different kinds of corruption? How is corruption measured in the United States?
  2. What happens when citizens believe that political bodies, governing agencies, etc., are corrupt?
  3. Do you believe that corruption can be eradicated? Why or why not?

Journal Link 13.2: Belvedere, K., Worrall, J.L., & Tibbetts, S.G. (2005). Explaining Suspect Resistance in Police-Citizen Encounters. Criminal Justice Review, 30(1), 30-44. doi: 10.1177/0734016805275675

  1. What does the literature say about suspect resistance? What was the gap in the literature that the authors found?
  2. How did the authors study this phenomenon? What is the research design? How did they measure their variables?
  3. What were the findings of the study? What are the potential implications of their findings?

Chapter 14: Crimes Against the State

Journal Link 14.1: Kenny, M. (2006). When Speech Became Treason. Index on Censorship, 35(1), 173-176. doi: 10.1080/03064220500532560

  1. What is the story of “Lord Haw-Haw?” With what crime is he charged? Why was he charged with this crime? How did the public react to his charges?
  2. After reading this brief article, discuss the challenges of distinguishing between freedom of speech and treasonous or seditious speech. How important is freedom of speech to American society?
  3. How would you balance the need to protect freedom of speech and the need to protect?

Journal Link 14.2: Tripathy, J. (2010). What is a terrorist? International Journal of Cultural Studies, 13(3) 219-234. doi: 10.1177/1367877909359731

  1. What is terrorism? What is the difference between domestic terrorism and transnational terrorism? What are some examples of domestic terrorism? What are some examples of transnational terrorism? How has the definition of terrorism change throughout history?
  2. What is the significance of the story that Tripathy (2010) told in the beginning of the article?
  3. Why is it important to distinguish between the “who”ness and the “what”ness of a person? According to Tripathy (2010), what are the characteristics of a terrorist? Why is this difficult to define? How is the terrorist socially or legally constructed?

Author: Matthew Lippman

Pub Date: September 2013

Pages: 408

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