Digital Commons Network^™

Wildlife Crime In The Game Reserves Of South Africa, Greg Warchol, Brian Johnson

Greg Warchol

No abstract provided.

Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger

Allen E Shoenberger

The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …

Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger

Allen E Shoenberger

The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …

Mediating The Streets: An Exploratory Case Study Of Mediation As A Conflict Resolution Method For Police Officers, Matt Ferre, Christine Yalda

Christine A. Yalda

No abstract provided.

Safety In Numbers?: Deciding When Dna Alone Is Enough To Convict, Andrea L. Roth

Andrea L Roth

Fueled by police reliance on offender databases and advances in crime scene recovery, a new type of prosecution has emerged in which the government's case turns on a match statistic explaining the significance of a “cold hit” between the defendant’s DNA profile and the crime-scene evidence. Such cases are unique in that the strength of the match depends on evidence that is nearly entirely quantifiable. Despite the growing number of these cases, the critical jurisprudential questions they raise about the proper role of probabilistic evidence, and courts’ routine misapprehension of match statistics, no framework currently exists – including a workable …

Safety In Numbers?: Deciding When Dna Alone Is Enough To Convict, Andrea L. Roth

Andrea L Roth

Fueled by police reliance on offender databases and advances in crime scene recovery, a new type of prosecution has emerged in which the government's case turns on a match statistic explaining the significance of a “cold hit” between the defendant’s DNA profile and the crime-scene evidence. Such cases are unique in that the strength of the match depends on evidence that is nearly entirely quantifiable. Despite the growing number of these cases, the critical jurisprudential questions they raise about the proper role of probabilistic evidence, and courts’ routine misapprehension of match statistics, no framework currently exists – including a workable …

Safety In Numbers?: Deciding When Dna Alone Is Enough To Convict, Andrea L. Roth

Andrea L Roth

Fueled by police reliance on offender databases and advances in crime scene recovery, a new type of prosecution has emerged in which the government's case turns on a match statistic explaining the significance of a “cold hit” between the defendant’s DNA profile and the crime-scene evidence. Such cases are unique in that the strength of the match depends on evidence that is nearly entirely quantifiable. Despite the growing number of these cases, the critical jurisprudential questions they raise about the proper role of probabilistic evidence, and courts’ routine misapprehension of match statistics, no framework currently exists – including a workable …

Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa S. Cianciarulo

Marisa S. Cianciarulo

For over a decade, women seeking asylum from persecution inflicted by their abusive husbands and partners have found little protection in the United States. During that time, domestic violence-based asylum cases have languished in limbo, been denied, or occasionally been granted in unpublished opinions that have not provided a much-needed adjudicative standard. The main case setting forth the pre-Obama approach to domestic violence-based asylum is rife with misunderstanding of the nature of domestic violence and minimization of the role that society plays in the proliferation of domestic violence. Fortunately, however, a recent Obama-administration legal brief indicates that women fleeing countries …

Science, Public Bioethics, And The Problem Of Integration, Orlando Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decisionmaking. It has captured the attention of officials in every branch of government, as well as the American public. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decisionmaking) continue to roil the public square.

This article examines the question of how scientific methods and principles can and …

Moderator, Modes Of Discretion In The Criminal Justice System, Margaret Lawton

Margaret M. Lawton

No abstract provided.

Constructing Legal Narratives: Law, Language And The Media, Jane Johnston, Rhonda Breit

Jane Johnston

This paper proposes using the theory of narratology to connect to legal discourses and processes with the way the media translate the law into news. Focussing on the Australian context, it looks at the choice of language used my media in covering courts, how stories are told and retold within these primarily textual environments, as well as the selection processes used by journalists in covering these rounds. The paper extends the argument for a narratology of courts, to a narratology of court reporting, suggesting fundamental criteria of story, discourse and the interpretative context be examined. It foreshadows the need for …

Culture Matters: Forensic Issues For Australian Indigenous Peoples, Robyn Lincoln

Robyn Lincoln

Extract:

There has clearly been an extensive amount of scientific focus on Indigenous peoples in the 200 plus years since colonisation. There were many early scientific expeditions, work done by linguists and anthropologists, followed by the involvement of legal practitioners in land rights claims or those working in the health and mental health fields. More recently too, criminological attention has been paid to the interactions of Indigenous Australians and the processes of the criminal justice system largely because of the disproportionate number of Aboriginal and Torres Strait Islander peoples being dealt with by justice agencies. And, of course, in addition …

Death Is Different, But Not Really, Corinna Barrett Lain

Corinna Lain

The Supreme Court’s landmark death penalty rulings over the past several years have renewed scholarly criticism of the Eighth Amendment’s “evolving standards of decency” doctrine, which invalidates a punishment when a national consensus has formed against it. Critics claim that it makes no sense for constitutional protection to follow majoritarian sentiment—particularly in the capital context, where death penalty politics make “tyranny of the majority” more than a theoretical concern. Defenders contend that while majoritarian constitutional protection may be problematic in general, Eighth Amendment protection is different; the text of the “cruel and unusual punishments” clause invites, if not requires, protection …

A Battle Of Bills: Understanding The Criminogenic Environment In The Healthcare Industry, Debra Ross, Dana Bonnell

Debra E. Ross

No abstract provided.

Teaching Computer Aided Legal Research To Criminal Justice Students, Kristine Botsford Mullendore, Ruth Stevens

Kristine Botsford Mullendore

No abstract provided.

Youth Violence Reduction Literature Review, Christine Yalda, William Crawley, Dana Bonnell, Melinda Furtaw, Aaron Rider

Christine A. Yalda

No abstract provided.

New Rules For A New Game: The Challenge Of Preserving Human Dignity In A Shadow War, Christine Yalda, Jonathan White

Christine A. Yalda

No abstract provided.

Sex, Dating, And Delinquency: Do Precocious Relationships Lead To Crime?, Christopher Kierkus

Christopher A. Kierkus

No abstract provided.

Who Skips? An Analysis Of Failure To Appears, Brian Johnson, Christopher Kierkus, Christine Yalda

Christopher A. Kierkus

No abstract provided.

'Cop' Or 'Counselor': Reconciling Role Conflict Of Criminal Justice Professionals On Drug Treatment Court Teams, Christine Yalda, Frank Hughes, K. Stahl, Melinda Furtaw, Christopher Kierkus, William Crawley

Christopher A. Kierkus

No abstract provided.

The Use Of Developmentally Appropriate Services In Juvenile Drug Treatment Court, Christopher Kierkus, Melinda Furtaw, K. Stahl, Christine Yalda, William Crawley, Frank Hughes

Christopher A. Kierkus

No abstract provided.

The Contextual Nature Of The Family Structure/Delinquency Relationship, Christopher Kierkus, John Hewitt

Christopher A. Kierkus

No abstract provided.

Golash-Boza, T. (2009). The Immigration Industrial Complex : Why We Enforce Immigration Policies Destined To Fail., Tanya Golash-Boza

tanya golash-boza

No abstract provided.

Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin

Robert J. Condlin

In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses to the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …