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Articles 1 - 7 of 7
Full-Text Articles in Law
The Mentally Ill Offender: A Brighter Tomorrow Through The Eyes Of The Mentally Ill Offender Treatment And Crime Reduction Act Of 2004, Ralph M. Rivera
The Mentally Ill Offender: A Brighter Tomorrow Through The Eyes Of The Mentally Ill Offender Treatment And Crime Reduction Act Of 2004, Ralph M. Rivera
Journal of Law and Health
Beginning in the early 1950s and '60s, states began to close their public mental health hospitals. This process was known as "deinstitutionalization." In recent years, following the massive wave of deinstitutionalization, a substantial number of institutionalized persons with mental disabilities were relocated from civil mental hospitals into jails and prisons, Despite this shift in population, correctional facilities remain ill-equipped to handle and deal with offenders with mental disabilities. One study found that approximately 6.5-10% of inmates suffered from a serious mental illness, while another 15-40% suffered from a moderate mental illness. Another study done by the Bureau of Justice Statistics …
How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer
Journal of Law and Health
This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …
Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs
Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs
Cleveland State Law Review
This Note argues that an erection under these circumstances does not indicate consent to engage in sexual activity. Part II of this Note explores the reality of male sexual assault and offers various medical, psychological, sociological, and cultural reasons to explain why a male victim may maintain an erection while being sexually assaulted and/or raped. Part II also explores the complex relationship between physical arousal and sexual desire. Part III provides a legal background to both the law's treatment of male sexual assault generally and in specific instances where the male victim maintained an erection during his assault. This part …
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Cleveland State Law Review
This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …
Appointed But (Nearly) Prevented From Serving: My Experience As A Grand Jury Foreperson, Phyllis L. Crocker
Appointed But (Nearly) Prevented From Serving: My Experience As A Grand Jury Foreperson, Phyllis L. Crocker
Law Faculty Articles and Essays
In summer 2003, I was a grand jury foreperson for the Cuyahoga County Court of Common Pleas in Cleveland, Ohio. The service of this grand jury, and my tenure as foreperson, were unique in the annals of grand juries. We were selected and sworn in the same manner as any grand jury, but heard cases for only one day of our four-month term-the last day. In the interim, the prosecutor filed cases in two courts, seeking to discharge us, as being “tainted” by our supervising judge's initial instructions about our duties and the law. I begin this essay with basic …
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
Cleveland State Law Review
In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …
Not To Decide Is To Decide: The U.S. Supreme Court's Thirty-Year Struggle With One Case About Competency To Waive Death Penalty Appeals, Phyllis L. Crocker
Not To Decide Is To Decide: The U.S. Supreme Court's Thirty-Year Struggle With One Case About Competency To Waive Death Penalty Appeals, Phyllis L. Crocker
Law Faculty Articles and Essays
In 1995, the U.S. Supreme Court dismissed Rees v. Peyton, a case that had been on its docket since 1965. Rees was a death penalty case in which the petitioner sought to withdraw his petition for writ of certiorari so that he could be executed. The Court stayed the proceedings after Rees was found incompetent to waive his appeal, but the Court did not dismiss the case until after Rees died of natural causes. Rees pended in the Court during the terms of three Chief Justices. Even though the Court underwent major changes in personnel and philosophy during those years, …