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2012

Criminal justice

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Nebraska Sex Offender Registry Study: Interim Report, Ryan E. Spohn Dec 2012

Nebraska Sex Offender Registry Study: Interim Report, Ryan E. Spohn

Reports

Sexual victimization is of great concern to the public, as evidenced by the legislative attention it has received over the last twenty years (Adkins, Huff, and Stageberg 2000; Levenson 2006; Sample and Kadleck 2008; Schram and Milloy 1995; Walker et al. 2005; Zevit 2006). To help increase public safety and address public concern, corrections departments nationwide have adopted some form of risk classification and assessment instrument for offenders who have been convicted of sex crimes (Richardson and Huebner 2006). Some of the most popular risk assessment instruments include the STATIC 99, RRASOR, MnSOST, SORAG, and ASRS (Richardson and Huebner 2006; …


Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall Dec 2012

Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall

Vanderbilt Law School Faculty Publications

Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …


Restorative Justice And Recidivism: A Meta-Analysis, Kristin Bain Nov 2012

Restorative Justice And Recidivism: A Meta-Analysis, Kristin Bain

Electronic Theses and Dissertations

Restorative Justice is an approach to resolving conflict that has become increasingly relevant as both financial and social costs associated with crime have continued to rise. As alternative methods of managing crime are being considered and implemented there is a call from policy makers for evidence that those programs are indeed the best practice. Although there is a significant amount of research on restorative justice, synthesis of that information is lacking which impedes full understanding of the potential of the impact and role of this approach. A central argument is that restorative based programs produce benefits because they reduce recidivism …


Rational Criminal Justice, Andy Brunner-Brown Oct 2012

Rational Criminal Justice, Andy Brunner-Brown

GGU Law Review Blog

No abstract provided.


My Professor Is Hot! Correlates Of Ratemyprofessors.Com Ratings For Criminal Justice And Criminology Faculty Members, Richard R. Johnson, Angela D. Crews Oct 2012

My Professor Is Hot! Correlates Of Ratemyprofessors.Com Ratings For Criminal Justice And Criminology Faculty Members, Richard R. Johnson, Angela D. Crews

Criminal Justice Faculty Research

RateMyProfessors.com” ratings of the easiness, helpfulness, clarity, overall quality, and “hotness” of 407 criminal justice and criminology faculty members from across the United States were collected. Data were analyzed to determine what faculty characteristics determined these ratings. Experience working in the criminal justice field predicted higher ratings, while years of teaching experience was predictive of lower ratings. After controlling for instructors easiness and “hotness” ratings, the instructors’ ascribed characteristics (such as race and sex) explained the greatest proportion of variance in clarity, helpfulness, and overall quality scores. Professional characteristics, such as years of experience, publication rate, and possession of a …


Defending Those People, Abbe Smith Oct 2012

Defending Those People, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Many practitioners and scholars have written perceptively about the motivations of criminal defenders. Some have written eloquently. I have my own body of work on this and related questions.

This essay is about why the author has devoted her professional career--her life--to defending people most of society would just as soon banish and forget. After nearly thirty years of criminal law practice, her reasons are such a part of her that they are nearly inarticulable. The author is a criminal defender in her soul. She also has been teaching and writing about criminal defense for almost as long as she …


Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill Aug 2012

Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill

Marquette Elder's Advisor

As America is graying, so is the prison population. This article discusses the variable ways police treat elderly offenders, often depending on the nature of their infractions. Courts also vary in their treatment of elderly offenders. The greatest future challenges may be in the area of providing (and paying for) adequate health care programs for elderly inmates, especially those with mental health problems.


What Use Are Legal Academics?, Roger Fairfax Aug 2012

What Use Are Legal Academics?, Roger Fairfax

Presentations

No abstract provided.


What Incarcerated Women At The Women’S Center Say They Need From The Criminal Justice System, Jillian Foley Aug 2012

What Incarcerated Women At The Women’S Center Say They Need From The Criminal Justice System, Jillian Foley

Muskie School Capstones and Dissertations

The purpose of this study was to give a voice to Maine’s incarcerated women and potentially influence the ongoing policy revision process in Maine. The researcher conducted 3 focus groups with 18 residents of the Women’s Center- a gender-responsive facility that houses about 70 to 80 incarcerated women at the Maine Correctional Facility in Windham, ME. The perspectives of the participants varied, however, the findings of the study were largely in line with the literature guidelines for gender-responsive policies and practices.


Effective Parole Supervisor Traits Observed By Texas Parole Officers, David H. Bolding Ii Aug 2012

Effective Parole Supervisor Traits Observed By Texas Parole Officers, David H. Bolding Ii

Regis University Student Publications (comprehensive collection)

This research study uses a quantitative method to identify the traits that Texas parole officers observe make an effective leader. This study adds to what seems to be a void in research on parole supervisors. Prior literature has identified that numerous individual traits and observable traits play an active role in effective leaders. This study uses "Survey Monkey" to employ the use of surveys across Texas, and to ensure confidentiality. By utilizing the method in this study, effective traits can be identified and used as a tool to increase present supervisory capabilities and allow others to have a guide on …


Teaching Ethics In Criminal Justice To First Year Law Students: Or Efforts To Dislodge The Csi Effect, Susan Rutberg Jul 2012

Teaching Ethics In Criminal Justice To First Year Law Students: Or Efforts To Dislodge The Csi Effect, Susan Rutberg

Susan Rutberg

Teaching Ethics in Criminal Justice to First Year Law Students:

Or Efforts to Dislodge the CSI Effect[1]

Susan Rutberg[2]

ABSTRACT

This article discusses the implementation of an innovative first year course at Golden Gate University School of Law entitled “Lawyering Skills: Ethics in Criminal Justice.” The course, offered for the first time in the spring of 2011, was the product of curricular reform set in motion by the 2007 Carnegie Foundation Report, Educating Lawyers: Preparation for the Profession of Law. Golden Gate University has had a longtime focus both on practical legal education and ethical training. We devote a substantial …


Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus Jul 2012

Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Articles

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.


Measuring The Success Of Counter Trafficking Interventions In The Criminal Justice Sector: Who Decides - And How?, Anne T. Gallagher Ao, Rebecca Surtees May 2012

Measuring The Success Of Counter Trafficking Interventions In The Criminal Justice Sector: Who Decides - And How?, Anne T. Gallagher Ao, Rebecca Surtees

Anne T Gallagher

Global concern about human trafficking has prompted substantial investment in counter-trafficking interventions. That investment, and the human rights imperatives that underpin counter-trafficking work, demand that interventions demonstrate accountability, results and beneficial impact. How this can happen in practice is complicated and contested. This article, which considers success measurements with respect to criminal justice interventions, seeks to cut through the complexities presented by multiple theories and elaborate methodologies by focusing on one key issue: who decides success, and how? A review of evaluation reports and interviews with practitioners confirm that determinations of success (or failure) will vary according to: (i) who …


Prison Wardens' Perceptions Of Sex Offenders, Sex Offender Registration, Community Notification, And Residency Restrictions., David Patrick Connor May 2012

Prison Wardens' Perceptions Of Sex Offenders, Sex Offender Registration, Community Notification, And Residency Restrictions., David Patrick Connor

Electronic Theses and Dissertations

There is relatively little known about how criminal justice system actors perceive sex offenders and the fairness, efficacy, and scope of policies aimed at sex offenders. Similarly, there is sparse research that specifically examines the attitudes, beliefs, and experiences of prison wardens. Following in the footsteps of earlier research (Tewksbury & Mustaine, 2011; Tewksbury, Mustaine, & Payne, 2011, in press), the present study addresses these gaps by considering the attitudes and beliefs toward sex offenders held by wardens. This examination includes perceptions about sex offenders as prison inmates, sex offender registration, community notification, and residency restrictions. Further, this research assesses …


What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges May 2012

What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges

Honors Projects

This research analyzes legal approaches to prostitution on a cross-national level in order to determine if legal methods that regulate prostitution have an effect on prostitution. In order to examine these concepts, legel approaches were first identifed in the United States, Germany, the Netherlands, and Sweden. Following this analysis, the effects of these legal approaches are reported. Instead of working from a strictly sociological standpoint, this project focused greatly on the legal aspects that affect prostitution.


Perceived Job Readiness Among The Previously Incarcerated, Amy Audet Apr 2012

Perceived Job Readiness Among The Previously Incarcerated, Amy Audet

Honors Projects

This study aims to determine the primary factor in employment readiness for previously incarcerated individuals. Ex offenders were were surveyed for job readiness using a scale developed in the studies' literature review. This scale emcompasses factors such as skills, knowledge, confidence and goals. Surveys were also done according to age, age of first incarceration, incarceration history and job training history. Because this population is marginalized, this study may bring new awareness about the effects of employer discrimination and the need for future programs to increase job readiness among the previously incarcerated individuals.


Reducing Recidivism In Returning Offenders With Alcohol And Drug Related Offenses: Contracts For The Delivery Of Authentic Peer Based Recovery Support Services, Sarah Scarbrough Apr 2012

Reducing Recidivism In Returning Offenders With Alcohol And Drug Related Offenses: Contracts For The Delivery Of Authentic Peer Based Recovery Support Services, Sarah Scarbrough

Theses and Dissertations

In collaboration with Sheriff C. T. Woody, the Deputies and other jail personnel, Kingdom Life Ministries (KLM) operates in the City of Richmond Jail. Aimed at serving individuals who suffer from alcoholism and other drug addictions, KLM’s programs offer peer-to-peer recovery support services; meaning people who are successful in their recovery deliver the recovery message. On any given day, rehabilitation and recovery services are provided to 120 men in what used to be the worst tier of the Richmond City Jail. A large portion of these men battle substance abuse disorders and have exhibited habitual criminal behavior over an extended …


Extralegal Punishment Factors: A Study Of Forgiveness, Hardship, Good Deeds, Apology, Remorse, And Other Such Discretionary Factors In Assessing Criminal Punishment, Paul H. Robinson, Sean E. Jackowitz, Daniel M. Bartels Apr 2012

Extralegal Punishment Factors: A Study Of Forgiveness, Hardship, Good Deeds, Apology, Remorse, And Other Such Discretionary Factors In Assessing Criminal Punishment, Paul H. Robinson, Sean E. Jackowitz, Daniel M. Bartels

Vanderbilt Law Review

The criminal law's formal criteria for assessing punishment are typically contained in criminal codes, the rules of which fix an offender's liability and the grade of the offense. Those rules classically look to an offender's blameworthiness, taking account of both the seriousness of the harm or the evil of the offense and an offender's culpability and mental capacity. Courts generally examine these desert-based factors as they exist at the time of the offense. To some extent, modern crime-control theory sometimes prompts code drafters to look at circumstances beyond the offense itself, such as prior criminal record, on the grounds that …


A Tale Of Two Sciences, Erin Murphy Apr 2012

A Tale Of Two Sciences, Erin Murphy

Michigan Law Review

It was the best of times, it was the worst of times . .. . So might one describe the contrasting portraits of DNA's ascension in the criminal justice system that are drawn in David Kaye's The Double Helix and the Law of Evidence and Sheldon Krimsky and Tania Simoncelli's Genetic Justice: DNA Data Banks, Criminal Investigations, and Civil Liberties. For Kaye, the double helix stands as the icon of twenty-first-century achievement, a science menaced primarily by the dolts (lawyers, judges, and the occasional analyst) who misuse it. For Krimsky and Simoncelli, DNA is a seductive forensic tool that is …


Criminal Justice, Vikram Amar Mar 2012

Criminal Justice, Vikram Amar

Pepperdine Law Review

No abstract provided.


Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman Feb 2012

Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman

Deborah M. Weissman

This article uses the occasion of the 2012 Reauthorization of the Violence Against Women Act (VAWA) to review the circumstances by which legal theory and social movement discourse have acted to circumscribe the scope of VAWA and the dominant approach to domestic violence. It seeks to explore the relationship between domestic violence advocacy and feminist theory of the type that has functioned as “the ideological reflection of one’s own place in society” with insufficient attention to superstructures. It argues for the re-examination of the current domestic violence/criminal justice paradigm and calls for the consideration of economic uncertainty and inequality as …


The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin E. Murphy Feb 2012

The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin E. Murphy

Erin E Murphy

When criminal justice scholars think of privacy, they think of the Fourth Amendment. But lately its domain has become far less absolute. The United States federal code currently contains over twenty separate statutes that restrict both acquisition and release of covered information. Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. They control police access to drivers’ licenses, education records, health histories, telephone calls, e-mail messages, and even video rentals. They conform to no common template, but rather enlist a variety of procedural tools to serve as safeguards – ranging from …


Remedying Wrongful Execution, Meghan J. Ryan Feb 2012

Remedying Wrongful Execution, Meghan J. Ryan

University of Michigan Journal of Law Reform

The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …


January Roundtable: Crime And Human Rights In Brazil: The Police Pacification Units, Introduction, Claudia Fuentes Julio Jan 2012

January Roundtable: Crime And Human Rights In Brazil: The Police Pacification Units, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Brazil slum raids impress, but what's the impact?” By Bradley Brooks. Huffington Post, November 14, 2011.


23,639 Milwaukee County Residents With Driver's License Suspensions Solely For Failure To Pay Fines And Civil Forfeitures, John Pawasarat Jan 2012

23,639 Milwaukee County Residents With Driver's License Suspensions Solely For Failure To Pay Fines And Civil Forfeitures, John Pawasarat

ETI Publications

Thousands of adults in Milwaukee County have suspensions placed on their driver’s licenses solely for not paying fines and civil forfeitures. Younger teens may be issued license suspensions for failure to pay fines and civil forfeitures even though they have never had a driver’s license. Many teens and adults with suspensions continue to drive with or without a valid license. For this report the driver license status of all Milwaukee County residents was reviewed using state Department of Transportation records on driver’s license status, licenses suspension and revocation records for 2008-2011 in order to assess the driver status facing workers …


Suspension And Revocation Status Report For Milwaukee County, John Pawasarat Jan 2012

Suspension And Revocation Status Report For Milwaukee County, John Pawasarat

ETI Publications

Driver’s license suspension and revocation records were analyzed for Milwaukee County residents using a series of data files from the Wisconsin Department of Transportation. Notable changes were observed in number and patterns of charges. The elimination of mandatory revocations for OAR (operating after revocation) charges, a policy reform initiated by the Center for Driver’s License Recovery & Employability, reduced the number of OAR revocations from 10,124 in 2009 to 64 in 2011. The legislative reforms also led to a very large reduction in revocations for OWS (operating while suspended), which dropped from 5,815 revocations issued in 2009 down to 130 …


Drivers License Status Report For Milwaukee County Presentation, Lois M. Quinn, John Pawasarat Jan 2012

Drivers License Status Report For Milwaukee County Presentation, Lois M. Quinn, John Pawasarat

ETI Publications

Presentation for the Center on Driver's License Recovery & Employability biennial meeting tracks changes in state suspension and revocation policies.


First Year Evaluation Of The Legal Action Of Wisconsin Disabled Offenders Economic Security (Does) Project Conducted For The Wisconsin Department Of Corrections, John Pawasarat, Lois M. Quinn Jan 2012

First Year Evaluation Of The Legal Action Of Wisconsin Disabled Offenders Economic Security (Does) Project Conducted For The Wisconsin Department Of Corrections, John Pawasarat, Lois M. Quinn

ETI Publications

Among the most challenging populations released from Wisconsin Department of Corrections institutions are offenders with serious mental and physical disabilities that impede their ability to hold gainful employment and present serious mental and physical health conditions often requiring medications and continuing medical care. The Disabled Offenders Economic Security (DOES) Project offered assistance to prison inmates who have serious mental health and disability conditions prior to their release from DoC institutions. Legal Action of Wisconsin attorneys served as benefit specialists helping soon-to-be-released disabled offenders acquire Supplemental Security Income, Social Security Disability Income, medical assistance, and other public benefits for which they …


Drivers License Status Report For Milwaukee County, John Pawasarat, Lois M. Quinn Jan 2012

Drivers License Status Report For Milwaukee County, John Pawasarat, Lois M. Quinn

ETI Publications

The University of Wisconsin-Milwaukee Employment and Training Institute reviewed the driving records of 629,222 Milwaukee County residents in the Department of Transportation files, including drivers with current licenses as of January 1, 2012 plus unlicensed residents who received suspensions and revocations from 2009 through 2011. This report details the driving status of county residents in order to identify problems in licensing, suspensions and revocations. Prior ETI reports have shown the driver license to be essential for getting and keeping employment and exceeding high school completion as a predictor of sustained employment.


Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach Jan 2012

Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach

Michigan Journal of Gender & Law

Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …