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Selected Works

2002

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“Counter-Terrorism Law”, Matthew S. R. Palmer Nov 2002

“Counter-Terrorism Law”, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

I suggest that there is no conceptually distinct and coherent body of law we can sensibly call counter-terrorism law.
Terrorist actions are a global problem that must be tackled firmly and effectively. Legislation is a powerful symbol of commitment to do that. And, while the causes of terrorism must be addressed using multi-prong strategies, the acts of terror themselves must be dealt with by the law. But terrorist actions are the same as criminal actions; the difference is that they are politically motivated. Motivation can affect the penalties that are imposed on offenders, but motivation itself is not sensibly the …


Police Research In Slovenia: Political And Cultural Obstacles, Joanne Ziembo-Vogl Nov 2002

Police Research In Slovenia: Political And Cultural Obstacles, Joanne Ziembo-Vogl

Joanne Ziembo-Vogl

Appointed a Fulbright Scholar, the objective of my proposed Fulbright research was to examine the practice of community policing in Slovenia, to examine community policing within the broader context of the newly independent country's transition to democratic law enforcement -a transition from its former Yugoslav political history. Anticipating the unforeseen obstacles inherent when conducting international research, the planned methodology was modest in nature with hopes of setting an initial framework for more complex research in the future. Predominantly qualitative, methodology included field observation, interviews, and a random sample survey of officers from Slovenia's eleven police directorates. Instead, the resulting research …


Teaching And Mentoring Students To Lead, Kristine Botsford Mullendore Oct 2002

Teaching And Mentoring Students To Lead, Kristine Botsford Mullendore

Kristine Botsford Mullendore

No abstract provided.


Student Leadership, Kristine Botsford Mullendore Oct 2002

Student Leadership, Kristine Botsford Mullendore

Kristine Botsford Mullendore

No abstract provided.


Celebrating Boston Girls: Sharing Resources, Building Strengths, Francine Sherman May 2002

Celebrating Boston Girls: Sharing Resources, Building Strengths, Francine Sherman

Francine T. Sherman

Co-sponsored with the Ella J. Baker House, the College of Criminal Justice of Northeastern University, and the Dorchester (Massachusetts) Community Roundtable.


The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla W. Jackson Mar 2002

The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla W. Jackson

Darla W. Jackson

Much attention has been paid to the perceived unfairness of the US court-martial system and the need for its reform. Some scholarly works addressing the need for improvement have cited changes in the British court-martial as examples of successful reform. The transformation of the British system was, in part, brought about by the findings of the European Commission and European Court of Human Rights in Findlay v. United Kingdom that the United Kingdom system violated the fair trial guaranteed contained in the European Convention of Human Rights and Fundamental Freedoms. However, few have considered the possibility that the US system …


Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson Mar 2002

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Scott Dodson

This paper discusses the appropriate standard of review a federal habeas court should use to review a state court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This paper will demonstrate that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the …


The Origins Of Coercion In Assertive Community Treatment: A Review Of Early Publications From The Special Treatment Unit Of Mendota State Hospital., Tomi Gomory Jan 2002

The Origins Of Coercion In Assertive Community Treatment: A Review Of Early Publications From The Special Treatment Unit Of Mendota State Hospital., Tomi Gomory

Tomi Gomory

This article argues that Assertive Community Treatment (ACT) is fundamentally and historically based on the uncritical but societally well accepted view that medically justified coercion (punishment or unwanted treatment) is therapeutic. It documents this claim by reviewing the early professional history and the resultant publications of the inventors of ACT (originally known as Training in Community Living), consisting of psychiatrists, social workers, and psychologists who trained and worked during the 1960s through the 1980s, at Mendota State Hospital (eventually renamed Mendota Mental Health Institute) in Wisconsin.


A Social Control Explanation Of The Relationship Between Family Structure And Delinquent Behaviour, Christopher Kierkus, Douglas Baer Dec 2001

A Social Control Explanation Of The Relationship Between Family Structure And Delinquent Behaviour, Christopher Kierkus, Douglas Baer

Christopher A. Kierkus

No abstract provided.


Do Guns Make Robberies More Deadly? An Analysis Of The Impact Of Weapons On The Lethality Of Weapons Related Homicide, Christopher Kierkus Dec 2001

Do Guns Make Robberies More Deadly? An Analysis Of The Impact Of Weapons On The Lethality Of Weapons Related Homicide, Christopher Kierkus

Christopher A. Kierkus

No abstract provided.


Legal Issues Related To Electronic Monitoring, Kristine Botsford Mullendore, James Ballard Dec 2001

Legal Issues Related To Electronic Monitoring, Kristine Botsford Mullendore, James Ballard

Kristine Botsford Mullendore

No abstract provided.


European Criminal Law, Mareike Persson Dec 2001

European Criminal Law, Mareike Persson

Mareike Persson

There is little doubt that Europeanization is making headway now in the field of criminal justice. Some provisions of the Union Treaty (like Art.29, 31, 34 TEU) are at least an indication of the forces which are likely to shape future developments. There exist different possible lines of development: more intensive co-operation, assimilation and harmonisation, for example in the form of a model penal code or in form of the proposed Corpus Juris. They all have their weaknesses.


A Practitioner's Guide To The Administration Of Electronic Monitoring Programs, Kristine Botsford Mullendore, James Ballard Dec 2001

A Practitioner's Guide To The Administration Of Electronic Monitoring Programs, Kristine Botsford Mullendore, James Ballard

Kristine Botsford Mullendore

No abstract provided.


The Dynamics Of Desistance And Prisoner Reentry: Findings From A 10 Year Follow-Up Of The Oxford University 'Dynamics Of Recidivism' Study, Tom Lebel, S. Maruna, Ros Burnett, Shawn Bushway, Christopher Kierkus Dec 2001

The Dynamics Of Desistance And Prisoner Reentry: Findings From A 10 Year Follow-Up Of The Oxford University 'Dynamics Of Recidivism' Study, Tom Lebel, S. Maruna, Ros Burnett, Shawn Bushway, Christopher Kierkus

Christopher A. Kierkus

No abstract provided.


The Controllers And The Controlled - Interactions Of Staff And Clients In The Social Service And Criminal Justice Systems, Deborah Whitley, Paula Dressel Dec 2001

The Controllers And The Controlled - Interactions Of Staff And Clients In The Social Service And Criminal Justice Systems, Deborah Whitley, Paula Dressel

Deborah M. Whitley

No abstract provided.


Trafficking In Women From Ukraine, Donna M. Hughes Dr., Tatyana Denisova Dec 2001

Trafficking In Women From Ukraine, Donna M. Hughes Dr., Tatyana Denisova

Donna M. Hughes

Report on research carried out as part of the U.S. Ukraine Research Partnership, the International Center of the U.S. National Institute of Justice and the Ukrainian Academy of Legal Sciences


Researching Ethical Issues, Paul R. Tremblay Dec 2001

Researching Ethical Issues, Paul R. Tremblay

Paul R. Tremblay

2002 Supplement to vol. 2


Legal Control Of International Terrorism: A Policy-Oriented Assessment, M. Bassiouni Dec 2001

Legal Control Of International Terrorism: A Policy-Oriented Assessment, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.


Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison Dec 2001

Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison

Dr. C. Keith Harrison

Eminent scholar Harry Edwards (2000) has articulated three major realities of African American males in sports: a) The presumption of innate, race-linked black athletic superiority and intellectual deficiency; b) media propaganda portraying sports as a broadly accessible route to African American social and economic mobility; and c) a lack of comparably visible, high-prestige African American role models beyond the sports arena. Driven by labeling theory (Becker, 1963; Goffman, 1959), eight African American male student athletes were surveyed and interviewed. The last two points of Edwards' scholarship were investigated. "We have pretty good historical data and quantitative data about African American …


Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly Dec 2001

Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly

Erin Daly

In the aftermath of the 1994 genocide in Rwanda, in which almost a million people were killed by their fellow citizens within 3 months, the country was faced with the colossal task of bringing to justice hundreds of thousands of perpetrators while at the same time trying to rebuild the communities in which both the victims and the perpetrators had lived. This article argues that the regime of gacaca courts, though flawed in many ways, particularly from a western perspective, does nonetheless offer the potential for helping the communities within Rwanda to transform themselves. The form and structure of gacaca …


Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen Dec 2001

Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen

Jean M. Eggen

Although tens of thousands of Americans die from gun violence every year, the regulation of firearms remains inadequate. Those who are injured, or the survivors of those killed by guns, therefore have sought relief through tort law against those who manufacture these uniquely deadly products. With rare exceptions, however, these suits have been unsuccessful. Most courts have found that the conduct of gun manufacturers is not actionable under strict product liability doctrine, negligence, or the law of abnormally dangerous activities. This Article argues that courts have been too reluctant to apply tort liability to gun manufacturers. It is possible and …


Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo Dec 2001

Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo

Richard A. Leo

This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in Japan. The chapter reviews the social science and legal scholarship on Miranda's impact on American interrogation practices and suspect behavior, concluding that most American suspects continue to waive their rights and law enforcement personnel continue to obtain a high number of confessions and convictions. Next, the chapter discusses the contemporary law and practice of interrogation in Japan. In Japan, interrogation appears to be routinely psychologically coercive and virtually all defendants make either partial admissions or full confessions to alleged offenses. Confessions are regarded as superior …


Adjudicative Competence In The Modern Juvenile Court, Richard E. Redding Dec 2001

Adjudicative Competence In The Modern Juvenile Court, Richard E. Redding

Richard E. Redding

In recent years, as juvenile justice systems across the country have become more punitive and courts have held that juveniles are entitled to adult-like levels of due process protection, the adjudicative competence of juveniles has increasingly come into question. To clarify this trend, we reviewed the current state of the law in the fifty states and the District of Columbia, focusing on recent court opinions and legislation as of January of 2000. We then summarize relevant empirical research on juveniles' competency-related capacities in delinquency proceedings. As a case study, we examine the development and implementation of juvenile competence legislation in …


Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner Dec 2001

Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner

Chimene I Keitner

No abstract provided.


Foreclosing On Fame: Exploring The Uncharted Boundaries Of The Right Of Publicity, Melissa B. Jacoby, Dianne Leenheer Zimmerman Dec 2001

Foreclosing On Fame: Exploring The Uncharted Boundaries Of The Right Of Publicity, Melissa B. Jacoby, Dianne Leenheer Zimmerman

Melissa B. Jacoby

No abstract provided.


Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee Dec 2001

Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee

Randy Lee

No abstract provided.


The State Of Self-Regulation Of The Legal Profession: Have We Locked The Fox In The Chicken Coop?, Randy Lee Dec 2001

The State Of Self-Regulation Of The Legal Profession: Have We Locked The Fox In The Chicken Coop?, Randy Lee

Randy Lee

No abstract provided.


New Strategies And Collaborations Target Homelessness, Dennis P. Culhane Dec 2001

New Strategies And Collaborations Target Homelessness, Dennis P. Culhane

Dennis P. Culhane

No abstract provided.


Role Of Social Disadvantage In Crime, Joblessness, And Homelessness Among Persons With Serious Mental Illness, Jeffrey Draine, Mark S. Salzer, Dennis P. Culhane, Trevor R. Hadley Dec 2001

Role Of Social Disadvantage In Crime, Joblessness, And Homelessness Among Persons With Serious Mental Illness, Jeffrey Draine, Mark S. Salzer, Dennis P. Culhane, Trevor R. Hadley

Dennis P. Culhane

Research on mental illness in relation to social problems such as crime, unemployment, and homelessness often ignores the broader social context in which mental illness is embedded. Policy, research, and practice will be improved if greater attention is given to social context. The authors critically analyze the approach used in much of the psychiatric services literature to infer links between mental illness and social problems. They compare these studies with studies that have been more validly conceptualized to account for social context. With this broader perspective, the impact of mental illness on crime, unemployment, and homelessness appears to be much …


A Convict Criminology Approach To Classification Of Prisoners, Stephen C. Richards, Jeffrey Ian Ross Ph.D. Dec 2001

A Convict Criminology Approach To Classification Of Prisoners, Stephen C. Richards, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.