Digital Commons Network^™

State V. Martin Respondent's Brief Dckt. 47170

Not Reported

No abstract provided.

Contextualizing Restorative Justice Through Diversion Mechanism: A Study Of Indonesia Juvenile Justice System, Faiz Rahman

Indonesia Law Review

Implementation of restorative justice in the juvenile justice system in many countries has undergone its dynamics in the past few decades, including in Indonesia. The enactment of Indonesia Juvenile Justice System Law in mid-2014, which invalidates the 1997 Juvenile Court Law, became a significant point of juvenile justice reformation in Indonesia. The new Law began to shift the retributive paradigm in the Juvenile Court Law, as the previous statutory basis for juvenile justice in Indonesia, to restorative justice paradigm. The new Law introduces the Diversion mechanism as a means to implement the restorative justice approach. This article seeks to discuss …

Limitation Of Rights As A Manifestation Of Duties And Responsibilities Pertaining To The Freedom Expression In Digital Communications, Edmon Makarim, Muhammad Ibrahim Brata, Nabilla Arsyafira

Indonesia Law Review

The freedom of expression is thriving due to the global use of the internet. The digital era has revolutionized the scope, practices, and even the definition of freedom expression. However, it also evokes a number of social concerns. Offenses such as the circulation of defamation, hate speech, misleading propaganda to the masses, and fraud, for instance, can be found in the internet. Certain limitations deriving from the conditions prescribed by the human rights principles and instruments as well as the national constitution are therefore prudent to prevent the excess of freedom. As a state that abides to the rule of …

Developing A Legal Framework Of Personal Data Protection In The Indonesian Criminal Procedure Law, Josua Sitompul

Indonesia Law Review

Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to …

Social Ecological Factors Affecting Substance Abuse In Ghana (West Africa) Using Photovoice, Ahmed Kabore, Evans Afriyie-Gyawu, James Awuah, Andrew R. Hansen, Ashley Walker, Melissa Hester, Moussa Aziz Wonadé Sié, Dhruv Medarametla, Nicolas Meda

Department of Biostatistics, Epidemiology, and Environmental Health Sciences Faculty Publications

Introduction: substance abuse is an important public health issue affecting West Africa; however, there is currently a dearth of literature on the actions needed to address it. The aim of this study was to assess the risks and protective factors of substance abuse in Ghana, West Africa, using the photovoice method.

Methods: this study recruited and trained 10 participants in recovery from substance abuse and undergoing treatment in the greater Accra region of Ghana on the photovoice methodology. Each participant received a disposable camera to take pictures that represented the risk and protective factors pertinent to substance abuse …

Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani

Faculty Scholarship

Vinay Harpalani reviews Kamala Harris' run as Democratic nominee for President, contrasting her challenges with Barak Obama's campaign to show how racial identity politics are complicated and constantly evolving as well as the intersectional, or multifaceted, issues Kamala faced during her candidacy.

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …

Contributor Notes, Oakwood Editors

Oakwood

No abstract provided.

Johnson, Joshua Dolezal

Oakwood

No abstract provided.

23andeveryone: Privacy Concerns With Law Enforcement’S Use Of Genealogy Databases To Implicate Relatives In Criminal Investigations, Shanni Davidowitz

Brooklyn Law Review

The discovery of DNA typing in the 1980s transformed law enforcement’s ability to exonerate innocent suspects, while implicating those who are guilty, with “the power of a silent biological witness at the crime scene.” This transformation, coupled with the new trend of law enforcement’s use of genealogy databases, has created legal issues that police officers, prosecutors, genealogy companies, and policy makers are all currently trying to navigate. The technological advancement comes with serious ethical and privacy concerns, including fear of the establishment of a “genetic panopticon.” General concern exists that if a “genetic panopticon” comes to fruition, the government can …

Where Are You, Congress?: Silence Rings In Congress As Juvenile Offenders Remain In Prison For Life, Megan R. Pollastro

Brooklyn Law Review

Over the last decade, Supreme Court precedent has changed the way courts have sentenced juveniles in the United States. It has failed, however, to clearly establish the proper handling of cases in which juveniles are sentenced to extended periods of time in prison that equate to a de facto sentence of life in prison without parole. Congress has also remained noticeably silent on the issue. Children are not considered mature enough to vote, to drink alcohol, to serve on a jury, and yet, courts treat juvenile offenders as mature enough to pay for their crimes for the remainder of their …

The Human Right To A Fair Start In Life, Matthew Hamity Esq.

Child and Family Law Journal

No abstract provided.

Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.

Child and Family Law Journal

No abstract provided.

Convenience Theory Of Cryptocurrency Crime: A Content Analysis Of U.S. Federal Court Decisions, Claire Nolasco Braaten, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications

This article examines cryptocurrency cases decided in the U.S. District and Circuit Courts to determine the applicability of Gottschalk’s convenience theory of white collar crime to cryptocurrency crime litigation and to empirically analyze whether the conditions under which cryptocurrency offenses occurred show support for the convenience theory. Analysis of U.S. federal district and circuit court case law involving cryptocurrency crimes and fraud indicate support for the convenience theory of white-collar crime. Defendants in various schemes were motivated by financial gain, either for the company or for personal use. Their roles and positions in the businesses allowed them access to resources …

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …

Vol.47 N.23 December 26th 2019, Vocie Media Ventures

Black Voice News

No abstract provided.

Christianity And Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …

Community-Based Responses To Negative Health Impacts Of Sexual Humanitarian Anti-Trafficking Policies And The Criminalization Of Sex Work And Migration In The Us, Heidi Hoefinger, Jennifer Musto, P.G. Macioti, Anne E. Fehrenbacher, Nicola Mai, Calum Bennachie, Calogero Giametta

Publications and Research

System-involvement resulting from anti-trafficking interventions and the criminalization of sex work and migration results in negative health impacts on sex workers, migrants, and people with trafficking experiences. Due to their stigmatized status, sex workers and people with trafficking experiences often struggle to access affordable, unbiased, and supportive health care. This paper will use thematic analysis of qualitative data from in-depth interviews and ethnographic fieldwork with 50 migrant sex workers and trafficked persons, as well as 20 key informants from legal and social services, in New York and Los Angeles. It will highlight the work of trans-specific and sex worker-led initiatives …

Stampede December 23, 2019, Western Michigan University

Stampede: E-newsletter for students

• 2019: A Year of #1s at Western
• The top WMU News stories of 2019
• WMU student voting rate shows growing civic engagement
• Engineering college's Advanced Rocketry Club launching NASA competition dream
• Alumna's experience will drive national strategy to combat human trafficking
• WMU students in the News
• Wassink wins athlete-community service award
• Brand-new graduate plans to take over Kalamazoo family business

Comprehensive Annual Financial Report Of Shelby County, Tennessee For The Year Ended June 30, 2019, Shelby County (Tenn.). Department Of Finance.

Tennessee County Audit Reports

No abstract provided.

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16^th and 18^th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …

Patient Satisfaction With Substance Use Disorder Rehabilitation Services, Trupti Dhumal

Electronic Theses and Dissertations

Background: Patient satisfaction is considered as an important indicator in the evaluation of healthcare quality across an array of treatments and services. It is deemed vital especially in the field of substance use disorder (SUD) research due to an increased emphasis on understanding patients’ perceptions regarding their treatment and the attributes that drive their progress towards recovery. Despite the potential value, gaps have been recognized in the exploration of these satisfaction-related assessments among patients undergoing SUD treatment in residential rehabilitative settings. Thus, there is a need for understanding the dimensions contributing to satisfaction which would facilitate the development of …

"Frontline In Mental Healthcare": A Discourse Analytic Clinical Ethnography Of Crisis Intervention Team Trainings For Corrections, Daniel Gruner

Electronic Theses and Dissertations

Throughout the criminal justice system operates a discourse of corrections-reform. This responds to prisoner trauma and resistance by converting them into reforms that strengthen prisons and the larger carceral system while discounting issues of race and class that might undermine institutional legitimacy. The recent adoption of Crisis Intervention Team (CIT) Trainings in corrections is exemplary of corrections-reform discourse. ‘Crisis’ comes from the Greek krinein, meaning ‘to decide.’ The crisis in mental health in prisons involves deciding when to implement what “services” or “programming” for whom.

In this discourse analytic clinical ethnographic study, I focus on the trans-disciplinary corrections …

Court Review: The Journal Of The American Judges Association Vol. 55, No. 4

Court Review: The Journal of the American Judges Association

Court Review, the quarterly journal of the American Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review seeks to provide practical, useful information to the working judges of the United States and Canada. In each issue, we hope to provide information that will be of use to judges in their everyday work, whether in highlighting new procedures or methods of trial, court, or case management, providing substantive information regarding an area of law likely to be encountered by many judges, or by providing background information (such as psychology or other social science research) …

More Than Just Precedent: Perspectives On Judgment Writing, Katrina Banks-Smith

The University of Notre Dame Australia Law Review

No abstract provided.

Evaluating The Effectiveness Of A Community-Based Youth Non-Profit Organization At Increasing Prosocial Behavior And Decreasing Antisocial Behavior Among Young Boys: A Pilot Study, Molly A. Miller

University of New Orleans Theses and Dissertations

Community-based youth non-profit organizations (NPOs) have become increasingly popular for the provision of youth prevention and intervention services, yet many youth NPOs lack the resources to undergo formal evaluation. Further, most existing program evaluations do not consider individual characteristics of the child or the child’s exposure to stressors. The current pilot study sought to evaluate the extent to which boys participated in 1:1 mentoring and other program activities at the Son of a Saint (SOAS) NPO, an organization seeking to provide positive male role models for fatherless young boys. In addition, the current study examined the effects of program involvement …

Critical Genocide And Atrocity Prevention Studies, Andrew Woolford, Alexander Hinton

Genocide Studies and Prevention: An International Journal

An introductory essay for the special issue on "Critical Approaches to Genocide and Atrocity Prevention."

Full Issue

Genocide Studies and Prevention: An International Journal

No abstract provided.

Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein

Genocide Studies and Prevention: An International Journal

Over the last decades, Genocide Studies has entered in a “comfort zone.” With fellowships and support from governments or NGOs, we have developed a very comfortable environment in which the knowledge we produce about genocide prevention is neither critical nor useful. We have become trapped by assumptions we have never checked against reality and many of us have chosen to work inside the circle of those assumptions: genocide and mass violence are horrible acts committed by horrible people; we cannot stand by and do nothing; we have the responsibility to protect civilian populations and that responsibility takes the form, as …