Punishment and Paperwork: White-Collar Offenders Under Community Supervision

This article examines how changes in penal ideology may affect the experiences of white-collar offenders under community supervision. In-depth interviews with white-collar offenders on their experiences while under federal probation are used to examine how changes in criminal punishment have undermined the traditional reintegrative and rehabilitative goals of community supervision. The analysis suggests that shifts to a more managerial, actuarial model that seeks depersonalized efficiency has unintended consequences that delegitimatize the criminal justice system, and foster sentiments of degradation. Based on these findings, considerations for future research are discussed.     

Married Women Bankrupts in the Age of Coverture

Many married women with separate property held their property as stock-in-trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.     

Perceptional foundations of deterrence: The case of prostitution

The authors conducted a survey to determine community perceptions about the certainty, celerity, and severity of punishment with regards to the crime of prostitution. A representative random sample of Mecklenburg County, which includes Charlotte, North Carolina, was taken and 850 individuals responded. The results revealed that (1) citizens perceive sanctions against prostitution violations as being applied only infrequently; (2) most respondents perceive the time from violation to arrest as being relatively short but slower as the offenders proceed through the system, and (3) the severity of punishment is not perceived as being harsh. The authors argue that the low likelihood of apprehension, both actual and perceived, plus the mild sanctions may partially account for prostitution’s continued survival.     

THE STATE IS STRONG BUT I AM WEAK: WHY THE "IMMINENT LAWLESS ACTION" STANDARD SHOULD NOT APPLY TO TARGETED SPEECH THAT THREATENS INDIVIDUALS WITH VIOLENCE

Surely there is a profound difference between inciting to arson by the use of words and inciting to revolution by the use of words. We do not have a ready word for the distinction, yet it is a deep and obvious one.—Harry Kalven, Jr.