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Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross 2016 University of Puget Sound

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...


The Riddle Of Harmless Error Revisited, John M. Greabe 2016 Franklin Pierce Law Center

The Riddle Of Harmless Error Revisited, John M. Greabe

John M Greabe

Half a century ago, in Chapman v. California, the Supreme Court imposed on appellate courts an obligation to vacate or reverse criminal judgments marred by constitutional error unless the government demonstrates that the error was harmless beyond a reasonable doubt.  But the Court did not explain the juridical status of this obligation or its relation to the federal harmless-error statute, 28 U.S.C. § 2111.  In the intervening years, commentators have struggled to make sense of Chapman.  Some see it as a constitutional mandate.  Others view it as an example of constitutional common law. In THE RIDDLE OF HARMLESS ERROR ...


The Death Penalty In Traditional China, Chin Kim, Theodore R. LeBlang 2016 University of Illinois

The Death Penalty In Traditional China, Chin Kim, Theodore R. Leblang

Georgia Journal of International & Comparative Law

No abstract provided.


Persuasive Visions: Film And Memory, Jessica M. Silbey 2016 Suffolk University

Persuasive Visions: Film And Memory, Jessica M. Silbey

Jessica Silbey

This commentary takes a new look at law and film studies through the lens of film as memory. Instead of describing film as evidence and foreordaining its role in truth-seeking processes, it thinks instead of film as individual, institutional and cultural memory, placing it squarely within the realm of contestability. Paralleling film genres, the commentary imagines four forms of memory that film could embody: memorabilia (cinema verite), memoirs (autobiographical and biographical film), ceremonial memorials (narrative film monuments of a life, person or institution), and mythic memory (dramatic fictional film). Imagining film as memory resituates film’s role in law (procedural ...


Images In/Of Law, Jessica M. Silbey 2016 Suffolk University

Images In/Of Law, Jessica M. Silbey

Jessica Silbey

The proliferation of images in and of law lends itself to surprisingly complex problems of epistemology and power. Understanding through images is innate; most of us easily understand images without thinking. But arriving at mutually agreeable understandings of images is also difficult. Translating images into shared words leads to multiple problems inherent in translation and that pose problems for justice. Despite our saturated imagistic culture, we have not established methods to pursue that translation process with confidence. This article explains how images are intuitively understood and yet collectively inscrutable, posing unique problems for resolving legal conflicts that demand common and ...


Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education, 2016 St. John's University School of Law

Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education

The Catholic Lawyer

No abstract provided.


Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly 2016 University of Kentucky College of Law

Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly

Allison Connelly

In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.


Implementing Change In Sentencing And Corrections: The Need For Broad-Based Research, Nora V. Demleitner 2016 Washington and Lee University School of Law

Implementing Change In Sentencing And Corrections: The Need For Broad-Based Research, Nora V. Demleitner

Nora V. Demleitner

None available


Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse, J. Zoe Klemfuss, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon 2016 Florida International University

Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse, J. Zoe Klemfuss, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Purpose. Previous research has demonstrated that attorney question format relates to child witness’ response productivity. However, little work has examined the extent to which attorneys provide temporal structure in their questions, and the effects of this structure on children’s responding. The purpose of this study was to address this gap in the literature to identify methods by which attorneys increase children’s response productivity on the stand without risking objections from opposing counsel for ‘calling for narrative answers’.

Methods. In this study, we coded criminal court transcripts involving child witnesses (5–18 years) for narrative structure in attorney questions ...


Punitive Compensation, Cortney E. Lollar 2016 University of Kentucky College of Law

Punitive Compensation, Cortney E. Lollar

Cortney Lollar

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses ...


Kentucky Criminal Law Experts Call For Reform, Cortney E. Lollar 2016 University of Kentucky College of Law

Kentucky Criminal Law Experts Call For Reform, Cortney E. Lollar

Cortney Lollar

In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Cortney Lollar discusses the Second Annual Forum on Criminal Law in the Commonwealth of Kentucky.


Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding 2016 University of Kentucky College of Law

Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding

Roberta M. Harding

This essay will examine how two filmmakers used the cinema to investigate death penalty issues through the films Dead Man Walking and Last Light. These films were selected because of their similarities: capital punishment is the central theme of both films; the presence of a strong principal character who is the condemned inmate; the utilization of a character who undergoes a spiritual transformation due to interaction with the condemned inmate; the decision to have this character facilitate the humanization of the condemned individual; and the additional role this character plays as the audiences' conscience. There are, however, differences in the ...


Prosecutorial Misconduct In Capital Cases In The Commonwealth Of Kentucky: A Research Study 1976-2000, Roberta M. Harding, Bankole Thompson 2016 University of Kentucky College of Law

Prosecutorial Misconduct In Capital Cases In The Commonwealth Of Kentucky: A Research Study 1976-2000, Roberta M. Harding, Bankole Thompson

Roberta M. Harding

The prosecutor wields tremendous power within the American criminal justice system. When that power is misused-particularly in capital cases-tremendous injustices are perpetrated. Yet, occurrences of prosecutorial misconduct seem to occur with distressing regularity. An exhaustive study covering appeals from 1973-95 revealed that two-thirds of overturned death penalties in the United States resulted from overzealous police and prosecutors who withheld exculpatory evidence. Our study covered 55 Kentucky cases from 1976-2000 and found evidence of prosecutorial misconduct in nearly one-half of them, often with several instances per case.


In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding 2016 University of Kentucky College of Law

In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding

Roberta M. Harding

Another epidemic has hit the international community. This one, however, is not derived from an unknown bacterial agent. Instead, it originates from a variety of social agents. The epidemic? The explosion in the number of people incarcerated in the global community. As of June 1997, the United States' prison population exceeded 1,700,000. This figure is consistent with the United States' status as one of the world's largest jailers. Like the United States, Europe's prison population has escalated. The growth in France's prison population is representative of the epidemic's trans-Atlantic scope.

The Article is divided ...


Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson 2016 Mitchell Hamline School of Law

Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson

Mitchell Hamline Law Review

No abstract provided.


3d Printed Firearms, Do‐It‐Yourself Guns & The Second Amendment, James B. Jacobs, Alex Haberman 2016 NYU School of Law

3d Printed Firearms, Do‐It‐Yourself Guns & The Second Amendment, James B. Jacobs, Alex Haberman

New York University Public Law and Legal Theory Working Papers

Cory Wilson's demonstration of a a functional 3D-printed firearm attracted enormous media attention and calls for Congressional (and state) action to prohibit manufacture of guns that evade metal detectors and, lacking serial numbers, are untraceable. Moreover, 3-D firearms makers would avoid background checking. The Obama Administration banned Wilson's software from the Internet, thus sparking a statutory and constitutional (First and Second Amendment) challenge. This Article explains the litigation and assesses the Second Amendment arguments, while placing the 3-D printed firearms controversy in the context of the U.S.'s long history of unregulated personal gunsmithing. The authors see ...


True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino 2016 West Virginia University

True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino

Pace Intellectual Property, Sports & Entertainment Law Forum

The purpose of this Article is to identify and discuss the numerous laws that Cohle broke during the course of the eight episodes – each episode is discussed separately in Sections II through IX. Here, an extremely important point needs to be made – this Article is not intended to pinpoint exactly how many laws that Cohle would likely be convicted of violating; rather, as is the case generally in the legal profession, many of the actual offenses and charges would be subject to prosecutorial discretion and therefore reasonable minds may disagree with the exact charge. To the extent possible, this Article ...


Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel 2016 University of Akron

Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel

Akron Law Review

In an age where one in four adult Americans has a criminal record, post-conviction relief measures and review of criminal statutes is on the rise. This Comment addresses the inadequacy of current child endangerment statutes around the country by providing examples of those which are too broad and result in convictions of well-meaning parents and those which are too narrow and allow other parents to harm their children without repercussion. It then places these statutes in the context of collateral sanctions that are imposed on individuals with child endangerment convictions, particularly those related to employment and professional licensing.


Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna 2016 Boston College Law School

Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna

Boston College Journal of Law & Social Justice

The federal Circuit Courts of Appeal are divided regarding whether probable cause to search for evidence of child molestation provides probable cause to search for child pornography. This Note examines the relationship among the decisions of the Circuit Courts of Appeal, delves into the empirical evidence regarding the relationship between child pornography and child molestation, and analyzes how the “flexible, non-technical” probable cause standard properly interacts with this relationship. In United States v. Colbert, the U.S. Court of Appeals for the Eighth Circuit concluded that, because of the “intuitive relationship” between child molestation and child pornography, a warrant to ...


Post-Conviction Access To Dna Testing: Why Massachusetts’S 278a Statute Should Be The Model For The Future, Theodore Tibbits 2016 Boston College Law School

Post-Conviction Access To Dna Testing: Why Massachusetts’S 278a Statute Should Be The Model For The Future, Theodore Tibbits

Boston College Journal of Law & Social Justice

With the recent rise of the Innocence Movement, many traditional police tools for evaluating forensic evidence have been called into question. Increasingly, science has proven that certain outdated forensic analyses are unreliable or invalid, shedding light on how these faulty analyses have contributed to numerous unjust convictions of innocent people. Deoxyribonucleic acid (DNA) technology, a subset of forensic analysis, has performed the counterpoint to this trend by exonerating many wrongfully convicted individuals. Access to DNA testing, however, is inconsistent from state to state. Massachusetts’s new 278A motion is a strong model for the correct implementation of a statute providing ...


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