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Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …

Social Construction Of Law Enforcement For Sexual Violence Against Women In Aceh Utara, Zulkifli Zulkifli, Arief Rahman, Martina Martina, Rizka Mumtiza, Mauliza Risma

Jurnal Civics: Media Kajian Kewarganegaraan

The level and types of sexual violence crimes in Indonesia are increasing and worrying the public. Law enforcement efforts to overcome criminal acts of sexual violence are increasingly being implemented. This study aims to examine the social construction of law enforcement against the crime of sexual violence against women in Aceh Utara. Respondents in the study amounted to 21 people who were selected with accidental sampling. The types of data in the form of primary data and secondary data were analyzed descriptively qualitatively. The results of the study explain that the legal basis used in the law enforcement process of …

Populist Nationalism In The Age Of Trump, Vernon D. Johnson, Chelsee Autry

Political Science Faculty Publications

This paper builds upon the arguments advanced by Johnson and Frombgen in “Race and the Emergence of Populist Nationalism in the United States” (2009). Johnson and Frombgen made three central arguments: that the US is two nations, not one; that racial attitudes are central to each national identity, and that social movements of a populist character have critically shaped each national identity. They then offered a typology of left and right national identities, each of which had been shaped by populist social movements. This paper seeks to revisit the two nations thesis in the era of Donald Trump on the …

Language Issues Of Migrants During The Covid-19 Pandemic: Reimagining Migrant (Linguistic) Integration Programs In (Post-)Pandemic Times, Ariane Macalinga Borlongan

Journal of English and Applied Linguistics

This paper surveys the language issues experienced by migrants during the COVID-19 pandemic and subsequently proposes a (linguistic) integration program for migrants, which is responsive and sensitive to their needs particularly during crises and emergencies. Migrants’ access to disease prevention and health care has been limited, and one of the reasons for this is the language barrier. Likewise, migrants have also voiced out their difficulty communicating with health care providers also because of language. Migrants have also felt isolation because of their inability to reach out to people who could likewise speak their language and they can communicate with. Another …

Obstacles And Efforts To Overcome Them In Protecting Children's Rights Against Violence In Elementary Schools In The Sleman District, Sri Hartini, Fathikah Fauziah Hanum, Anang Priyanto

Jurnal Civics: Media Kajian Kewarganegaraan

The aims of this research are: to identify obstacles in protecting children's rights against violence in elementary schools in Sleman Regency and to describe efforts to overcome obstacles in protecting children's rights against violence in elementary schools in Sleman Regency. This research is a descriptive qualitative research approach. The research subjects were four school principals, three teachers and two education staff. Data collection techniques with interviews and documentation. The technique of checking the validity of the data is done by using cross check data. Inductive data analysis which includes data reduction, categorization and unitization of data, presentation of data and …

Neighborhood And Environmental Predictors Of At-Risk And Problem Gambling In Massachusetts, Kendra E. Pugh

Graduate Doctoral Dissertations

Despite the widespread impact and negative effects of problem gambling (PG), limited attention has been paid to the environment where PG occurs. This study investigated the relationship between gambling on lottery and the zip code where gambling occurs, as well as the influence of individual-level characteristics that predict at-risk or problem gambling (AR/PG), among Massachusetts residents. A GIS analysis was conducted to identify vulnerable areas based on neighborhood characteristics, lottery sales, and AR/PG. Overall, residents of disadvantaged areas did not spend more money on lottery or have more lottery agents than residents of less disadvantaged areas. Some indicators of disadvantage …

Back To Work Post-Covid-19 Pandemic: Gender Equality Of Women Workers From The Point Of View Of The Fifth Sdgs, Dyah Utari, F. T. Maharani

Journal of Environmental Science and Sustainable Development

Staying at home and taking care of the family full time was the desire of most female workers in the pre-pandemic period. After the Covid-19 pandemic, working from home has become necessary, bringing its problems and negative impacts. The shift from the pandemic period to the new order era does not necessarily eliminate the double burden of working women. Economic conditions that have not yet recovered, difficulties in finding household assistants, anxiety about leaving children at home without knowledge are new problems that arise when female workers returning to work. This study looks at the double burden faced by female …

The Adaptive Science Communication Model In The Middle Of Vuca Era In Indonesia: Study Of Startup Kok Bisa, Syora Alya Eka Putri, Ricardi S. Adnan

Informasi

This article analyzes the adaptive science communication model in the VUCA era. Previously, the model of science communication developed by scientific institutions and journalists in Indonesia tended to be challenging to understand by the public. Finally, in the development of technology, the model of science communication developed marked by the emergence of various creators who utilize social media. Nevertheless, due to dynamic conditions, the development of science communication models has not been fully adaptive. In previous studies, these conditions due to dynamic challenges due to the lack of public confidence in science and community participation to curate science tend to …

Living By Religion, Playing By Law: Early Glimpses Of The Ban On Triple Talaq, Kalindi Kokal

Socio-Legal Review

The Supreme Court of India declared triple talaq, a type of Islamic divorce, as unconstitutional in 2017. Following that, in 2019, the Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalised the pronouncement of triple talaq. Triple talaq as a form of divorce continues to hold legitimacy under the uncodified religious law that Muslims in India abide by in their everyday life. What, then, is the impact of the criminalisation of this practice at the level of the community? What does intervention by the criminal justice system mean for justice in inter-personal disputes that are …

The Majesty And Dignity Of Courts: Changes In Court Dynamics With The Onset Of The Covid-19 Pandemic In India, Rahela Khorakiwala

Socio-Legal Review

The procedures and practices of courts were brought to a sudden halt with the onset of the Covid-19 pandemic. This led to the promulgation of virtual courts where previously known traditions of the courts changed in many ways. The dress code was watered down and the understanding of the majesty and dignity of courts had to be re-established. This paper documents the seismic changes that occurred in virtual courts and how the courts had to keep redefining what contempt meant in the context of virtual courts. It is argued that majesty and theatrics affect the dispensation of justice, so when …

Recommended Amendments To The Truth And Reconciliation Act As The Government Of Nepal Considers Prosecuting 65,411 Human Rights Cases From The Armed Conflict (1996- 2006), Sophia Ottoni-Wilhelm

Brooklyn Journal of International Law

The bloody Armed Conflict in Nepal (1996-2006) left an estimated 16,729 dead, 78,689 displaced, and 2,506 victims of enforced disappearance. In the seventeen years since the resolution of the Conflict, none of the 65,411 complaints brought by Conflict victims and their families have been resolved. This article argues that the Truth and Reconciliation Act (the Act) can be blamed for the stalled justice process. The Act, which created two commissions charged with the investigation and prosecution of Conflict crimes—Truth and Reconciliation Commission (TRC) and the Commission on the Investigation of Enforced Disappeared Persons (CIEDP)—must be amended so that victims and …

Campuses Or Courtrooms? Government Involvement In U.S. And U.K. University Sexual Misconduct Response, Courtney H. Robinson

Georgia Journal of International & Comparative Law

No abstract provided.

Curriculum Subcommittee Agenda, January 5, 2023, Utah State University

Educational Policies Committee

• Approval of Minutes – December 1, 2022
• Program Proposals
• Semester Course Approval Reviews: https://usu.curriculog.com/
• Other Business QCNR CIP Code Changes
• Adjourn: 3:00 pm

Over-Policing And Under-Protecting In American Cities, Margaret Hession

Honors Program Theses and Projects

In recent years there have been numerous protests all over the United States focused on the over-policing of African Americans by law enforcement. Those involved are protesting against a term known as over-policing, the blatant brutality and senseless murders, that have taken place for decades but have been made ever more visible by our modern media channels. “Over-policing allows police to use excessive force and brutalize disenfranchised neighborhoods and target people of color indiscriminately. Ironically, as politicians take a “tough on crime” stance, violence has actually gone down, but police budgets and presence have increased. The American criminal justice system …

The Sexual And Gender-Based Violence Epidemic Meets The Covid-19 Pandemic: Survivors’ And Advocates’ Narratives In Egypt, Mozn Hassan, Helen Rizzo

Faculty Journal Articles

This research traces activism over the last 30 years against sexual and gender-based violence with a focus on survivors’ and advocates’ narratives in Egypt. We argue that several focusing events in Egypt and the support of transnational advocacy networks over the last decades have galvanised the efforts of activists and citizens of good will to mobilise around these issues. Egyptian feminist mobilisation during the pandemic brought to the public sphere the untold stories of the forms of violence that occurred through online and social media platforms. While social media and other online tools hold the promise of becoming “a new …

My Response To Ramseyer’S Effort To Deny The History Of Japanese Military Sexual Slavery, Pyong Gap Min

Journal of International Women's Studies

The main objective of this paper is to critically evaluate as many of Ramseyer’s arguments as possible included in his 2022 paper. It consists of three sections in addition to the introduction and concluding remarks. The first section summarizes the expanded literature that interpreted the “comfort women” system as sexual slavery, judgments, and recommendations to the Japanese government given by scholars, international human rights organizations and the legislative branches of four Western countries. Since Ramseyer published his article denying the “comfort women” system as sexual slavery without introducing this literature, we cannot consider his article as an academic work. The …

Financing Benefits And Barriers To Routine Hiv Screening In Clinical Settings In The United States: A Scoping Review, Hani Serag, Isabel Clark, Cherith Naig, David Lakey, Yordanos M. Tiruneh

School of Medicine Faculty Publications and Presentations

The Centers for Disease Control and Prevention recommends everyone between 13--64 years be tested for HIV at least once as a routine procedure. Routine HIV screening is reimbursable by Medicare, Medicaid, expanded Medicaid, and most commercial insurance plans. Yet, scaling-up HIV routine screening remains a challenge. We conducted a scoping review for studies on financial benefits and barriers associated with HIV screening in clinical settings in the U.S. to inform an evidence-based strategy to scale-up routine HIV screening. We searched Ovid MEDLINE®, Cochrane, and Scopus for studies published between 2006-2020 in English. The search identified 383 Citations; we screened 220 …

End Crime With Harm? Castration For Sexual Offenders In Hong Kong, Max Hua Chen

San Diego International Law Journal

The issue of post-conviction treatment of sex offenders has been the subject of debate and changes to State legislation, particularly in respect of paedophile offences. One such treatment method is through chemical or physical castration on either a mandatory or a voluntary basis. In this regard, some States have implemented these measures for certain paedophile offences. Hong Kong (HK) has no such laws in place. Researchers such as William Winslade and his colleagues highlighted that whilst paedophilia may not be a stringently defined condition, it is one which involves a “reinforcing [pattern] of sexual behaviors,” with the result that sexual …

Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos

San Diego International Law Journal

The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …

A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla

San Diego International Law Journal

Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/‌feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/‌feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/‌feminicide. Given this new trend to address the …

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

Forced Justice: The Kosovo Specialist Chambers, Sara L. Ochs, Kirbi Walters

Duke Journal of Comparative & International Law

The Kosovo Specialist Chambers (KSC), the court created to adjudicate war crimes and crimes against humanity committed in Kosovo at the turn of the century, is the world’s newest hybrid tribunal. The KSC is classified as a hybrid tribunal because it ostensibly blends aspects of international and domestic law and resources. Upon examination, however, the KSC departs in critical ways from the traditional concept of a hybrid tribunal, representing an internationally dominated court with minimal local involvement. By detailing the history of judicial mechanisms employed to prosecute crimes committed during and in the aftermath of the Kosovo War from 1998-1999, …

Tribal Sovereignty And The Right To Life, Clare Holtzman

Duke Journal of Comparative & International Law

On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal citizens on Tribal land. Yet here, the federal government utilized a loophole to seek the death penalty against the Navajo Nation's wishes. Lezmond Mitchell was not a sympathetic man by any means; indeed, he brutally killed a grandmother and her young granddaughter to steal their …

The Impact Of The Covid-19 Pandemic On Risk Factors For Fatal Intimate Partner Violence And Domestic Violence Services Provided, Faith E. Alves

Honors Theses

The current study assessed the COVID-19 pandemic-related changes in risk factors for fatal intimate partner violence (IPV) among female victims. It additionally analyzed IPV services received before and during the pandemic. Data came from a system that most domestic violence (DV) agencies in Connecticut utilize to record their contacts with their clients, including an initial screening through a police-social service intervention. Results indicated that unemployment of the partner was significantly higher in the during-COVID group. Additionally, the delivery of criminal justice services was significantly higher in the pre-COVID group whereas delivery of law enforcement services was significantly higher in the …

Investigation, Detection And Prevention Of Online Child Sexual Abuse Material: A Comprehensive Survey, Vuong Ngo, Christina Thorpe, Cach N. Dang, Susan Mckeever

Conference papers

Child sexual abuse inflicts lifelong devastating consequences for victims and is a growing social concern. In most countries, child sexual abuse material (CSAM) distribution is illegal. As a result, there are many research papers in the literature which proposed technologies to detect and investigate CSAM. In this survey, a comprehensive search of the peer reviewed journal and conference paper databases (including preprints) is conducted to identify high-quality literature. We use the PRISMA methodology to refine our search space to 2,761 papers published by Springer, Elsevier, IEEE and ACM. After iterative reviews of title, abstract and full text for relevance to …

The Perlmutter Center For Legal Justice At Cardozo Law's First Client, Bruce Bryant, Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2022

The Perlmutter Center for Legal Justice at Cardozo School of Law, Yeshiva University commends New York Governor Kathy Hochul for commuting the life sentence of its first client, Bruce Bryant.

Abolishing The Evidence-Based Paradigm, Erin Collins

BYU Law Review

The belief that policies and procedures should be data-driven and “evidence-based” has become criminal law’s leading paradigm for reform. This evidence-based paradigm, which promotes quantitative data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has influenced reforms across the criminal procedure spectrum, from predictive policing through actuarial sentencing. The paradigm’s appeal is clear: it promises an objective approach that lets data – not politics – lead the way and purports to have no agenda beyond identifying effective, efficient reforms. …

Mental Age V Chronological Age: Rethinking Our Approach To Criminal Responsibility For Developmentally Delayed Young Persons Under The Youth Criminal Justice Act, Michael Michel

Dalhousie Journal of Legal Studies

The Youth Criminal Justice Act (YCJA) is meant to ensure that only the most serious cases warrant imprisonment. Both in the pre- and post-trial stages of a criminal proceeding, the YCJA contains safeguards designed to divert youth away from correctional institutions and encourage the use of community-based services. Yet, for youth suffering from mental disorders or injuries that cause significant cognitive impairment, these safeguards can be inadequate, detrimental, or simply unavailable. To resolve this shortcoming, this article advocates using mental age, rather than chronological age, as the benchmark for determining criminal responsibility under the YCJA.

Gatekeeping Admissions: Access To Justice And Inclusive Admissions Processes, Sarah Kriekle

Dalhousie Journal of Legal Studies

Law schools are the gatekeepers to the legal profession, and there are multiple social barriers that impact access to a legal education across a proportionally diverse range of people. This article will first rely on existing literature to demonstrate why diversity in the legal profession is an access to justice issue and to illustrate the current homogeneity that exists within the profession. This article will then argue that two primary factors prevent law schools from attracting a more diverse student body. The first factor is the over-reliance on numerical statistics like grade point average (GPA) and Law School Admissions Test …

Inequality Among The Disadvantaged? Racial/Ethnic Disparities In Earnings Among Young Men And Women Without A College Education, Byeongdon Oh, Daniel Mackin Freeman, Dara Shifrer

Sociology Faculty Publications and Presentations

Despite the rapid expansion of higher education, many young adults still enter the labor market without a college education. However, little research has focused on racial/ethnic earnings disadvantages faced by non-college-educated youth. We analyze the restricted-use data from the High School Longitudinal Study of 2009 to examine racial/ethnic earnings disparities among non-college-educated young men and women in their early 20s as of 2016, accounting for differences in premarket factors and occupation with an extensive set of controls. Results suggest striking earnings disadvantages for Black men relative to white, Latinx, and Asian men. Compared to white men, Latinx and Asian men …