Criminal Constitutional Avoidance

Databases, Doctrine, and Constitutional Criminal Procedure

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Eviden...

Constitutional Criminal Procedure, by Donald A. Dripps (praeger Publishers, 2003)

Approach and avoidance motivation in psychopathic criminal offenders during passive avoidance.

The authors evaluated competing theories that attribute psychopathic individuals' poor passive avoidance to a strong activating system, a weak inhibitory system, or poor modulation of behavioral activation when inhibitory cues appear. In Study 1, the continuous motor task involved a reward phase to elicit the activating system followed by a passive avoidance phase. Study 2 tested the generality...

Constitutional Theory, Constitutional Culture

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

Deadly Inertia: A History of Constitutional Challenges to Canada's Criminal Code Sections on Prostitution

This paper examines rhetoric surrounding prostitution law reform in Canada from 1970 to the present. During the 1950s and 1960s, there was very little media or political attention paid to prostitution. It was not until the mid 1970s that perceived problems with prostitution law began to surface, driven by concerns that the criminal code statute prohibiting street prostitution was not enforceabl...