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The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Nonmaltreated Children's Reports Of A Minor Transgression, elizabeth c. ahern, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2017 University of Cambridge

The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Nonmaltreated Children's Reports Of A Minor Transgression, Elizabeth C. Ahern, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the effects of secret instructions (distinguishing between good/bad secrets and encouraging disclosure of bad secrets) and yes/no questions (DID: “Did the toy break?” versus DYR: “Do you remember if the toy broke?”) on 262 4- to 9- year old maltreated and nonmaltreated children’s reports of a minor transgression. Over two-thirds of children failed to disclose the transgression in response to free recall (invitations and cued invitations). The secret instruction increased disclosures early in free recall, but was not superior to no instruction when combined with cued invitations. Yes/no questions specifically asking about the ...


Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton 2017 University of Houston Law Center

Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton

Boston College Law Review

In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law.


Post-Trial Plea Bargaining And Predictive Analytics In Public Law, Harold J. Krent 2017 Chicago-Kent College of Law

Post-Trial Plea Bargaining And Predictive Analytics In Public Law, Harold J. Krent

Washington and Lee Law Review Online

Adam Gershowitz’s article calling for post-trial plea bargaining in capital cases reasons that governors should commute sentences to life in prison, in exceptional cases, to limit the costs of protracted post-trial litigation over imposition of the death penalty. The commutation power, in his view, resembles pre-trial plea bargaining in that both the state and the criminal defendant can benefit—the state saves resources while the defendant gets off death row.

Gershowitz’s article, therefore, affords a window into the increasing use of predictive analytics in deciding whether to bring or resolve litigation. Sifting through data on all prior capital ...


Toward Improving Policing In African American Communities, Melvin L. Otey 2017 St. John's University School of Law

Toward Improving Policing In African American Communities, Melvin L. Otey

Journal of Civil Rights and Economic Development

No abstract provided.


Purpose-Focused Sentencing: How Reforming Punishment Can Transform Policing, Jelani Jefferson Exum 2017 St. John's University School of Law

Purpose-Focused Sentencing: How Reforming Punishment Can Transform Policing, Jelani Jefferson Exum

Journal of Civil Rights and Economic Development

No abstract provided.


Executing The Innocent: How To Remedy A State's Wrong, Nicole Megale 2017 St. John's University School of Law

Executing The Innocent: How To Remedy A State's Wrong, Nicole Megale

Journal of Civil Rights and Economic Development

No abstract provided.


Regulating Stop And Frisk In New York City, Edwar Estrada 2017 St. John's University School of Law

Regulating Stop And Frisk In New York City, Edwar Estrada

Journal of Civil Rights and Economic Development

No abstract provided.


Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse 2017 University of Pennsylvania Law School

Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse

Faculty Scholarship

This is a chapter in a volume, Ethics Dilemmas in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse ...


New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. 2017 University of Rhode Island

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 


Criminal: Journalistic Rigour, Gothic Tales And Philosophical Heft, Jason Loviglio 2017 University of Maryland, Baltimore County

Criminal: Journalistic Rigour, Gothic Tales And Philosophical Heft, Jason Loviglio

RadioDoc Review

Like many of the shows in PRX’s Radiotopia catalogue of podcasts, Criminal’s sensibility and sound partake of the US public radio formula made famous by This American Life: journalistic rigour and gothic yarns. The show tells “stories of people who’ve done wrong, been wronged, or got caught somewhere in the middle”. But it’s moved beyond mere crime journalism to something that aspires to a bit more philosophical heft. Most of the stories unspool through the elegant co-narration between host Phoebe Judge and each episode’s central protagonist. The effect is almost always seamless, thanks to the ...


Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr. 2017 University of Rhode Island

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear ...


Unprecedented Infringement: Debunking The Constitutionality Of Dna Collection From Mere Arrestees In Light Of Maryland V. King, Christen Giannaros 2017 St. John's University School of Law

Unprecedented Infringement: Debunking The Constitutionality Of Dna Collection From Mere Arrestees In Light Of Maryland V. King, Christen Giannaros

Journal of Civil Rights and Economic Development

No abstract provided.


What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull 2017 University of Maine School of Law

What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull

Maine Law Review

In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an ...


State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci 2017 University of Maine School of Law

State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci

Maine Law Review

Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment." However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the states. As ...


Knock And Talk No More, Jamesa J. Drake 2017 University of Maine School of Law

Knock And Talk No More, Jamesa J. Drake

Maine Law Review

The Supreme Court has set out a roadmap for challenging one of the most common and insidious police tactics used today: the knock-and-talk. The path is short and clear and it leads to the inescapable conclusion that the knock-and-talk—as it is actually employed in practice—is unconstitutional. Although the Court has yet to squarely consider the issue, some Justices have already taken pains to say, in dictum, that knock-and-talks are lawful. Practitioners should not be dissuaded. What this faction of the Court describes is a highly romanticized—and utterly inaccurate—conception of what a knock-and-talk actually entails. The sort ...


Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq 2017 University of Rhode Island

Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

A bibliography of sources on the research we did on prostitution and sex trafficking and the advocacy work we did to end decriminalized prostitution. For 29 years prostitution was decriminalized in Rhode Island (if it occurred indoors). Sexual exploitation and violence against women and girls were integrated into economic development. The number of sex businesses grew rapidly and organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, sex traffickers, and other violent criminals. The lack of laws impeded police from investigating serious crimes, including sex trafficking


Jones V. Davis And The Critical Issue Of Time In California’S Capital Punishment System, Heather Varanini 2017 Golden Gate University School of Law

Jones V. Davis And The Critical Issue Of Time In California’S Capital Punishment System, Heather Varanini

Golden Gate University Law Review

This Note argues that the Ninth Circuit should have affirmed the district court’s holding, thus invalidating California’s capital punishment system for three main reasons. First, citizens are losing confidence in the death penalty, which undermines its deterrent effect. Second, capital punishment is a critical issue for the State, and Californians and death row inmates alike must look to the judiciary for relief. Third, the Ninth Circuit avoided the constitutional issue of California’s capital punishment system by relying on Teague v. Lane. In doing so, the court deepened the problems the Defendant and the district court sought to ...


The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman 2017 Levin College of Law, University of Florida

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.


Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch 2017 Boise State University

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based ...


Rape Law Gatekeeping, Corey Rayburn Yung 2017 University of Kansas School of Law

Rape Law Gatekeeping, Corey Rayburn Yung

Boston College Law Review

Police across the United States regularly act as hostile gatekeepers who prevent rape complaints from advancing through the criminal justice system by fervently policing the culturally disputed concept of “rape.” Victims are regularly disbelieved, rape kits are discarded without investigation, and, as a result, rapists remain free. The substantial empirical evidence and stories from victims across the United States demonstrate that any success in decreasing sexual violence hinges on removing the numerous police-imposed obstacles inhibiting investigation and adjudication in rape cases, beginning with substantial reform of police practices. An examination of modern cases and the historical record indicates that the ...


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