Social and Behavioral Sciences Commons^™

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …

Federal Roadblocks: The Constitution And The National Popular Vote Interstate Compact, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The National Popular Vote (NPV) interstate compact proposes to change the presidential election system from a state-based federal system to a national popular vote system. NPV proponents contend states can implement the compact without federal governmental authorization. This article addresses the constitutional questions of whether the NPV must obtain Congress's approval and whether Congress has the constitutional authority to grant such approval. In addressing these questions, I review U.S. Supreme Court precedents and constitutional history and find the NPV is the type of compact the Supreme Court would conclude requires congressional approval. Most importantly, I contend Congress is constitutionally unable …

Federal Roadblocks: The Constitution And The National Popular Vote Interstate Compact, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The National Popular Vote (NPV) interstate compact proposes to change the presidential election system from a state-based federal system to a national popular vote system. NPV proponents contend states can implement the compact without federal governmental authorization. This article addresses the constitutional questions of whether the NPV must obtain Congress’s approval and whether Congress has the constitutional authority to grant such approval. In addressing these questions, I review U.S. Supreme Court precedents and constitutional history and find the NPV is the type of compact the Supreme Court would conclude requires congressional approval. Most importantly, I contend Congress is constitutionally unable …

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin

Department of Justice Studies Faculty Scholarship and Creative Works

Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.

Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice …

Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the creation and implementation of pretrial Special Administrative Measures [SAMs], a version of pretrial solitary confinement now used most often to confine terror suspects in the federal criminal justice system. Through an in-depth archival study, this article brings attention to the importance of 20th-century criminal justice trends to the 21st-century response to the threat of terrorism, including an increasingly preventive focus and decreasing judicial checks on executive action. The findings suggest that practices believed to be excessive responses to the threat of terrorism are in fact a natural outgrowth of late modern criminal justice.

South-South Relations And The English School Of International Relations: Chinese And Brazilian Ideas And Involvement In Sub-Saharan Africa, Joseph Marques, Tony Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

The rise of large developing countries has led to considerable discussions of re-balancing global relations and giving greater priority to understanding South-South relations. This paper, in exploring the central ideas of Chinese and Brazilian foreign policy and the behavior of these two rising Southern countries toward Sub-Saharan Africa, argues that the English School of International Relations is well suited to understanding the intentions and actions that characterize South-South relations.

O grande aumento de países em desenvolvimento tem levado à ocorrência de discussões consideráveis acerca de um reequilíbrio nas relações globais e dado maior importância à compreensão das relações Sul-Sul. Este …

The First Attempt At Federalizing Tort Law And Why It Failed.", Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

In the 1970s, the US Congress meticulously considered the possibility of creating a federal law of torts. The federal effort began almost a decade after many state supreme courts had expanded manufacturer liability for defective products. The state-level expansion caused a reaction among state and federal legislatures. The initial federal presence took the form of investigatory efforts, but those were soon followed by legislative proposals. The federal legislative proposals occurred simultaneously with some states' efforts to enact their own products liability laws. Although the states' tort laws might present variations on a theme, the possibilities for federal intervention in the …

Hell's Kitchen's Prolonged Crisis And Would-Be Sovereigns: Daredevil, Hobbes, And Schmitt, Tony Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Comic book heroes often have their origins in noir depictions of failed or failing states. The danger involved and the seeming anarchy that necessitates superheroes recall Hobbes's description of a state of nature and Leviathan as resolution. But comic book heroes generally inhabit states that are better identified by the Hobbes-inspired Carl Schmitt. Indeed, this articles argues that while the Hell's Kitchen of Daredevil comics has some characteristics of a state of nature, it is better characterized by the protracted crisis of state that Schmitt sees in liberal democracies. Hobbes and Schmitt elucidate the crisis that generates the need for …

Gender-Intrusive Questioning: A Survey Of Expert Witnesses, Tarika Daftary Kapur, Maureen O'Connor, Mindy Mechanic

Department of Justice Studies Faculty Scholarship and Creative Works

This paper reports the results of a survey of male and female psychologists with expert witness experience. The survey explored the roles of both expert witness gender and valence of the testimony to provide preliminary empirical data on whether gender in combination with the valence of testimony leads to perceived bias targeted towards female experts. The presence of such bias might diminish the credibility of the expert and subsequently the proffered testimony and, thus, undermine the legal system as effective fact-finder by leading to decision-making based on extra-legal factors.