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Articles 211 - 229 of 229
Full-Text Articles in Entire DC Network
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Fiona David
No abstract provided.
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Fiona David
At the international level, there is no single, clear definition of ‘labour trafficking’. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person’s labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.
The Hybrid’S Handmaiden: Media Coverage Of The Special Court For Sierra Leone, Jessica Feinstein
The Hybrid’S Handmaiden: Media Coverage Of The Special Court For Sierra Leone, Jessica Feinstein
Jessica Feinstein
As the first international war crimes court since Nuremberg to be located in the country where the crimes occurred, the Special Court for Sierra Leone (SCSL) has had a unique opportunity to directly impact its primary audience – Sierra Leoneans. This article examines the interactions between the SCSL and the local, West African media (rather than the international media) – in particular, Sierra Leonean journalists. Based on interviews with Special Court officials, third-party observers, and West African journalists, this paper analyzes the approach the SCSL has adopted with regard to media relations and its subsequent effect on both local coverage …
Forensic Science Evidence And Judicial Bias In Criminal Cases, Hon. Donald E. Shelton
Forensic Science Evidence And Judicial Bias In Criminal Cases, Hon. Donald E. Shelton
Hon. Donald E. Shelton
Although DNA exonerations and the NAS report have raised serious questions about the validity of many traditional non-DNA forms of forensic science evidence, criminal court judges continue to admit virtually all prosecution-proferred expert testimony. It is is suggested that this is the result of a systemic pro-prosecution bias by judges that is reflected in admissibility decisions. These "attitudinal blinders" are especially prevalent in state criminal trial and appellate courts.
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
Joshua P Fershee
This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a variety trends found in political and socio-economic data by state, as well as by state renewable energy opportunities (or the lack of such opportunities). The review finds little shocking in the way of politics: Democratic states tend to favor mandates and Republican states tend not to have mandates. Somewhat surprisingly, the correlations among states with wind and solar resources (as well as most of the demographic data) ranged from limited to inconclusive. In religion, however, a strong trend developed. The states with higher Catholic populations …
Necessary Third Parties: Multidisciplinary Collaboration And Inadequate Professional Privileges In Domestic Violence Practice, Jeffrey R. Baker
Necessary Third Parties: Multidisciplinary Collaboration And Inadequate Professional Privileges In Domestic Violence Practice, Jeffrey R. Baker
Jeffrey R Baker
The rise of multidisciplinary practices among public-interest lawyers and other professionals promotes more effective and thorough services for vulnerable clients. In various forms, these professionals are creating formal or ad hoc partnerships as they minster to whole clients, not just to a client’s peculiar, momentary problem. For a victim of domestic violence, these collaborations can yield better outcomes and fruitful service, but they may also be critical to her very survival. As the common client works to escape a violent, oppressive relationship, her diverse professional servants must address the acute conflation of legal, medical, psychological, emotional and financial crises that …
Toward A General Theory Of Standards Of Proof, Fredrick E. Vars
Toward A General Theory Of Standards Of Proof, Fredrick E. Vars
Fredrick E Vars
Which standard of proof is best for a particular type of case? This deceptively simple question has been much discussed, but the current state of understanding is unsatisfactory. Statisticians posed a general answer; philosophers and others launched an assault on that answer; practically oriented scholars draw on both strains unsystematically; and courts generally offer little or no reasoning for their decisions. The goal of this article is to outline a systematic and complete justification for selecting one probabilistic standard of proof over another. By training a microscope on one small corner of the law---incapacity will contests---this article demonstrates the relevance …
Rule Of Law Reform Without Cultural Imperialism: Reinforcing Customary Justice Through Collateral Review In Southern Sudan, David Pimentel
Rule Of Law Reform Without Cultural Imperialism: Reinforcing Customary Justice Through Collateral Review In Southern Sudan, David Pimentel
David Pimentel
Rule of Law reform efforts in developing areas face daunting challenges: (1) the stigma of imperialism when Western-style institutions are imposed, (2) the unwillingness of local communities to embrace the reforms, and (3) a severe shortage of resources—human, physical, and financial. At the same time, some of these developing and post-conflict societies have highly functional customary law institutions (in Africa, e.g., a tribal chief applying a customary law handed down by oral tradition). These systems enjoy public confidence and function on very limited budgets—often providing prompt and accessible dispute resolution in the community. Unfortunately these indigenous systems do not always …
What's Messing With Texas Death Sentences?, David Mccord
What's Messing With Texas Death Sentences?, David Mccord
David McCord
This article empirically examines the decline in death sentences in Texas over about the last decade.
How Many Global Deaths From Arms? Reasons To Question The 740,000 Factoid Being Used To Promote The Arms Trade Treaty, David B. Kopel, Paul Gallant, Joanne D. Eisen
How Many Global Deaths From Arms? Reasons To Question The 740,000 Factoid Being Used To Promote The Arms Trade Treaty, David B. Kopel, Paul Gallant, Joanne D. Eisen
David B Kopel
Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on firearms and other weapons. In support of hasty adoption of the Treaty, a UN-related organization of Treaty supporters is has produced a report claiming that armed violence is responsible for 740,000 deaths annually. This Article carefully examines the claim. We find that the claim is based on dubious assumptions, cherry-picking data, and mathematical legerdemain which is inexplicably being withheld from the public. The refusal to disclose the mathematical calculations used to create the 740,000 factoid is itself cause for serious suspicion; our own calculations indicate …
Can Criminal Law Be Controlled?, Darryl K. Brown
Can Criminal Law Be Controlled?, Darryl K. Brown
Darryl K. Brown
This review of Douglas Husak's 2008 book, Overcriminalization: The Limits of the Criminal Law, summarizes and largely endorses Husak's normative argument about the indefensible expansiveness of much contemporary criminal liability. It then offers a skeptical (or pessimistic) argument about the possibilities for a normative theory such as Husak's to have much effect on criminal justice policy in light of the political barriers to reform.
Exceptional Black Students In American Colleges And Universities: Classroom Challenges, And Anticipated Support From Instructors And Professors, Dr Williams Emeka Obiozor
Exceptional Black Students In American Colleges And Universities: Classroom Challenges, And Anticipated Support From Instructors And Professors, Dr Williams Emeka Obiozor
Dr Williams Emeka Obiozor
No abstract provided.
Sorting Out Smart Surveillance, David Wright, Michael Friedewald, Serge Gutwirth, Marc Langheinrich, Emilio Mordini, Rocco Bellanova, Paul De Hert, Kush Whadwa, Didier Bigo
Sorting Out Smart Surveillance, David Wright, Michael Friedewald, Serge Gutwirth, Marc Langheinrich, Emilio Mordini, Rocco Bellanova, Paul De Hert, Kush Whadwa, Didier Bigo
Serge Gutwirth
Surveillance is becoming ubiquitous in our society. We can also see the emergence of “smart” surveillance technologies and the assemblages (or combinations) of such technologies, supposedly to combat crime and terrorism, but in fact used for a variety of purposes, many of which are intrusive upon the privacy of law-abiding citizens. Following the dark days of 9/11, security and surveillance became paramount. More recently, in Europe, there has been a policy commitment to restore privacy to centre stage. This paper examines the legal tools available to ensure that privacy and personal data protection are respected in attempts to ensure the …
Cost-Benefit Analysis Of Reducing Crime Through Electronic Monitoring Of Parolees And Probationers, Stuart S. Yeh
Cost-Benefit Analysis Of Reducing Crime Through Electronic Monitoring Of Parolees And Probationers, Stuart S. Yeh
Stuart S Yeh
Objective: The objective of this study was to estimate the benefits and costs of using electronic monitoring (EM) and home detention to reduce crime committed by parolees and probationers. Method: Data from a national survey of state prison inmates was adjusted and used to estimate the number of crimes that would have been committed by all parolees and probationers over the course of one year in the absence of EM and home detention. The data were analyzed in combination with existing analyses of the effectiveness and costs of EM and home detention and the economic costs of crime to estimate …
Qualitative And Quantitative Proportionality - A Specific Critique Of Retributivism, John D. Castiglione
Qualitative And Quantitative Proportionality - A Specific Critique Of Retributivism, John D. Castiglione
John D. Castiglione
This Article presents a normative model of proportionality review under the Cruel and Unusual Punishments Clause. I divide proportionality into two organizing concepts: “qualitative proportionality,” which concerns the methods used to punish the individual and the conditions under which he serves his sentence, and “quantitative proportionality,” which concerns the temporal length of the sentence imposed. I argue that the Cruel and Unusual Punishments Clause is best understood to mandate review of the qualitative proportionality of the sentence, but not the quantitative proportionality of the punishment. The most significant feature of this model is an appreciation for the role of human …
The Presumption Of Innocence In The French And Anglo-American Legal Traditions, Francois Quintard-Morenas
The Presumption Of Innocence In The French And Anglo-American Legal Traditions, Francois Quintard-Morenas
Francois Quintard-Morenas
Despite evidence that the presumption of innocence was something more than an instrument of proof, common law scholars in the nineteenth century reduced the doctrine to an evidentiary rule without acknowledging the role of the principle as a shield against punishment before conviction in both the civil and common law traditions. The resulting narrow conception of the presumption of innocence has since pervaded the legal and public discourse in the United States, where suspects are increasingly treated as guilty before trial. Using the French Declaration of Rights of 1789 and the English Prison Act of 1877 as points of reference, …
International Criminal Justice: Growing Pains Or Incurable Contradictions?, James Von Geldern
International Criminal Justice: Growing Pains Or Incurable Contradictions?, James Von Geldern
James von Geldern
No abstract provided.
The Importance Of A Laboratory Science For Improving The Diagnostic Value Of Confession Evidence, Christian A. Meissner, Melissa B. Russano, Fadia M. Narchet
The Importance Of A Laboratory Science For Improving The Diagnostic Value Of Confession Evidence, Christian A. Meissner, Melissa B. Russano, Fadia M. Narchet
Christian A. Meissner, Ph.D.
No abstract provided.
Criminal Versus Humint Interrogations: The Importance Of Psychological Science To Improving Interrogative Practice., Christian A. Meissner, Jacqueline R. Evans, Susan E. Brandon, Melissa B. Russano, Steven M. Kleinman
Criminal Versus Humint Interrogations: The Importance Of Psychological Science To Improving Interrogative Practice., Christian A. Meissner, Jacqueline R. Evans, Susan E. Brandon, Melissa B. Russano, Steven M. Kleinman
Christian A. Meissner, Ph.D.
The discovery of many cases of wrongful conviction in the criminal justice system involving admissions from innocent suspects has led psychologists to examine the factors contributing to false confessions. However, little systematic research has assessed the processes underlying Human Intelligence (HUMINT) interrogations relating to military and intelligence operations. The current article examines the similarities and differences between interrogations in criminal and HUMINT settings, and discusses the extent to which the current empirical literature can be applied to criminal and/or HUMINT interrogations. Finally, areas of future research are considered in light of the need for improving HUMINT interrogation.