Digital Commons Network^™

'Not Wrong For Long': The Role And Penetration Of News Wire Agencies In The 24/7 Landscape, Jane Johnston

Jane Johnston

This paper examines the role of Australia’s single news agency, Australian Associated Press (AAP), in the Australian news media landscape. Specifically, we examine the prevalence of AAP copy in the ‘Breaking News’ sections of two major news websites in an effort to create a preliminary understanding of the impact of AAP on Australian news content. The results suggest an overwhelming reliance on copy from not just AAP, but international news agencies, in major news websites. Increasingly, the need for large volumes of news copy, coupled with the need for that copy to be published online as soon as possible, would …

Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala

John F. Nivala

No abstract provided.

Using Dogs For Emotional Support Of Testifying Victims Of Crime, Myanna Dellinger

Myanna Dellinger

No abstract provided.

False Confessions: Causes, Consequences And Implications, Richard A. Leo

Richard A. Leo

In the last two decades, hundred of convicted prisoners have been exonerated by DNA and non-DNA evidence, revealing that police-induced false confessions are a leading cause of the wrongful conviction of the innocent. This article reviews the empirical research on the causes and correlates of false confessions. After looking at the three sequential processes that are responsible for the elicitation of false confessions - misclassification, coercion and contamination - this article reviews the three psychologically distinct types of false confession (voluntary, compliant and persuaded) and then discusses the consequences of introducing false confession evidence in the criminal justice system. The …

Providing Efficient Police Services:A Cost-Benefit Analysis, Serdar Kenan Gul, Cemil Dogutas

Serdar Kenan Gul

This case study evaluates and compares several alternatives for increasing efficiency in the Kent State University (KSU) Police Department in Ohio, USA by using Bardach’s Eightfold Path Model. The KSU Police Department provides money escort services despite the recent decrease in the number of personel allocated to routine police services. The community expects the campus police to be more visible and respond to calls for service more swiftly. In order to increase efficiency in terms of visibility and rapid response on campus, this study recommends contracting out the money escort services to a private company and redeploy police officers to …

How Prosecutor Elections Fail Us, Ronald F. Wright

Ronald F. Wright

There are several methods for holding prosecutors accountable in this country. Judges enforce a few legal boundaries on the work of prosecutors. Prosecutors with positions lower in the office or department hierarchy must answer to those at the top. But none of these controls binds a prosecutor too tightly. At the end of the day, the public guards against abusive prosecutors through direct democratic control.

Does the electoral check on prosecutors work? There are reasons to believe that elections could lead prosecutors to apply the criminal law according to public priorities and values. Voters choose their prosecutors at the local …

Relationship-Centered Lawyering: Social Science Theory For Transforming Legal Practice, Susan L. Brooks, Robert Madden Iii

Susan Brooks

This article explores a new approach to legal practice grounded in human development and social interaction theories, and previews the contents of a forthcoming volume co-edited by its authors. The context for this approach is the deep and widespread yearning among legal professionals to recapture past idealized images of the 'citizen lawyer', guided by the dramatic changes that have occurred within the profession as well as in our increasingly global society. This yearning is reflected in the convergence of a number of movements that have swept across a wide swath of the legal profession - including practitioners, judges, and legal …

Studying Wrongful Convictions: Learning From Social Science, Richard A. Leo, Jon B. Gould

Richard A. Leo

There has been an explosion of legal scholarship on wrongful convictions in the last decade, reflecting a growing concern about the problem of actual innocence in the criminal justice system. Yet criminal law and procedure scholars have engaged in relatively little dialogue or collaboration on this topic with criminologists. In this article, we use the empirical study of wrongful convictions to illustrate what criminological approaches—or, more broadly, social science methods—can teach legal scholars. After briefly examining the history of wrongful conviction scholarship, we discuss the limits of the (primarily) narrative methodology of legal scholarship on wrongful convictions. We argue that …

Neuroscience, Law & Government: Foreword To The Symposium, Jane Moriarty

Jane Campbell Moriarty

The legal and legislative systems have begun to rely on neuroscience in various types of decision-making. Without question, the relationship between the disciplines will become more enmeshed as more data is generated by neuroscientists. Are we ready for this potential sea change that will be both rich and strange?

An Evaluation Of The Rational Choice Theory In Criminology, Serdar Kenan Gul

Serdar Kenan Gul

Rational choice theory is an approach used by social scientists to understand human behavior. This approach has long been the dominant paradigm in economics, but in recent decades it has become more widely used in other disciplines. It is basically about how incentives and constraints affect behavior. This article discusses rational choice theory in criminology. This study provides the basic assumptions of the rational choice approach, and then evaluates this approach by giving several examples of its use. The first example is about rational choice model of illegal sales of tobacco products to underage youths, which places a strong emphasis …

Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall

Amy J. Sepinwall

Military spokespeople and upper echelon commanders routinely maintain that wartime atrocities are the acts of a few "bad apples." Yet, while disclaimers of responsibility from higher-ups in the chain of command often beg credulity, the law provides safe harbor for those holding command positions since it is frequently powerless to ensnare anyone but the atrocity's immediate perpetrators. This Article spans international and domestic law, and it addresses one of the doctrinal constraints on holding commanders criminally liable: the doctrine of command responsibility as it applies where commanders fail adequately to investigate or punish atrocities of their troops.

As a theoretical …

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.

The Effects Of Different Forms Of Risk Communication On Judicial Decision Making, Richard E. Redding, John Dolores

Richard E. Redding

When mental health experts provide information to courts on the results of a risk assessment conducted on a defendant or patient, they engage in “risk communication.” We examined the effects of four different forms of risk communication (prediction, categorical, risk factors/risk management, or hybrid) on judges’ (n = 253) perceptions of risk assessment evidence introduced in a case where they must decide whether to release from the hospital an individual found not guilty by reason of insanity. Judges who received information in the risk factors/risk management form were more likely to release the patient than were those who received prediction …

Self-Representation In The International Arena: Striking A False Right Of Spectacle, Eugene Cerruti

Eugene Cerruti

Cerruti: Self-Representation in the International Arena Abstract The more recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense to the charges – by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was …

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 …

Establishing The Future State Of The Peacebuilding Commission: Perspectives On Africa, Emmanuel Kwesi Aning, Ernest Lartey

Emmanuel Kwesi Aning

The paper discusses the strategic role of the PBC as a vital component in the attainment of the new peacebuilding vision and architecture and examines its potential implications for sustainable peace in Africa. Furthermore, it examines the various dimensions of peace-building strategies by evaluating what has been achieved so far. In reviewing the PBC’s peace-building approaches, analysis is undertaken to identify specific gaps in the current methods of operation. Consequently, an analysis of the expected strategic changes that should reflect the future outlook of the PBC’s engagement in Africa is developed that categorizes the potential strategic changes that should occur …

Fairness And Public Confidence In Sentencing: A Novel Approach, Stephen A. Gerst

Stephen A Gerst

No abstract provided.

System Criminality In International Law: Introduction, André Nollkaemper

André Nollkaemper

No abstract provided.

Family As A Vehicle For Abjection, (Introduction: Immigration Law As Family Law), Kathryn Abrams

Kathryn Abrams

No abstract provided.

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino

Michael R Dimino

Conversations With The Law: Irony, Hyperbole, And Identity Politics Or Sake Pase? Wyclef Jean, Shottas, And Haitian Jack: A Hip-Hop Creole Fusion Of Rhetorical Resistance To The Law, Nick J. Sciullo

Nick J. Sciullo

This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an in-tersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop artist, is an active voice of legal criticism and why his criticism is important to a larger discussion of the law. Second, this paper develops a conception of Creole/Haitian legal studies and its importance as an analytical lens through which to perceive the law and legal institutions. Third, this piece formulates a rhetorical criticism n4 of the law through the rhe-torical terrain of Wyclef's …

The Clash Of Commitments At The International Criminal Court, Tom Ginsburg

Tom Ginsburg

This paper considers the International Criminal Court’s recent indictment of Sudanese President Omar al-Bashir in light of what it characterizes as a clash of commitments. Weak states sign on to the ICC to commit to prosecuting their opponents and so need relatively certain prosecution; the ICC has a similar interest in assuring that prosecutions go forward without regard to political considerations. Yet sometimes states and the international community need to make another form of commitment, namely a commitment not to prosecute. These competing imperatives cannot easily co-exist, and the indictment of al-Bashir brings them into direct conflict. The long delay …

Comments/Recommendations To United States Department Of Education - Proposed State Fiscal Stabilization Fund Rules, Rhonda Tsoi-A-Fatt Bryant

Rhonda Tsoi-A-Fatt Bryant

No abstract provided.

Comments/Recommendations In Response To Department Of Education - Proposed Race To The Top Fund Rules, Rhonda Tsoi-A-Fatt Bryant, Kisha Bird

Rhonda Tsoi-A-Fatt Bryant

No abstract provided.

Contributions Of Therapist Characteristics And Stability To Intensive In-Home Therapy Youth Outcomes, Johanna K.P. Greeson, Shenyang Guo, Richard P. Barth, Sarah Hurley, Jocelyn Sisson

Johanna K.P. Greeson, PhD, MSS, MLSP

Objective: This study examines the influence of therapist and youth characteristics on post-discharge outcomes from intensive in-home therapy. Method: Data for 1,416 youth and 412 therapists were obtained from a behavioral health services provider. The Huber–White method was used to account for nested data; ordered logistic regression was employed to assess outcomes. Results: Therapist gender and employment stability were significantly associated with youth outcomes. The likelihood of an undesirable outcome was significantly less for cases with female therapists. Conclusion: Findings underscore the need for additional study concerning the impact of therapist characteristics and stability on youth outcomes, and to improve …

From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini

Brian Gallini

A Review Of The Fourteen Years Of Existence Of The International Criminal Tribunal For Rwanda (1994-2008): Time For A Permanent Regional Criminal Justice Mechanism For Africa?, Morris K. Mbondenyi

Morris K Mbondenyi

No abstract provided.

11. Abuse Disclosure: What Adults Can Tell., Thomas D. Lyon

Thomas D. Lyon

The Dramas Of Criminal Law: Chapter [?] Of The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

Mark Fenster

This essay is a chapter of a book-in-progress on the legal and cultural theory of the legal realist Thurman Arnold, who was prominent as a Yale law professor from 1932 until he joined the Justice Department as head of its antitrust division in 1938. Arnold's work focused on the symbolic role of law in governance, both as a means by which the state gains legitimacy and as a means by which those who oppose a political majority attempt to frame their opposition. As public law that defines and enforces substantive prohibitions, criminal law and procedure allowed Arnold to develop some …

2009 Cv With Listed Publicatos, Michael H. Marcus

Michael H Marcus

No abstract provided.