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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 ...


Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr. 2016 University of Rhode Island

Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr.

Donna M. Hughes

Identifying victims of sex trafficking can be challenging for law enforcement. To determine how victims were identified in cases of sex trafficking that resulted in criminal charges, this study analyzed the records from prosecuted cases of sex trafficking to determine how the victims were identified. The analysis used primary documents, including police narratives, witness statements, indictments, plea bargains, and sentencing memoranda retrieved from the Superior Court and the U.S. District Court in Rhode Island. Between 2009 and 2015, there were 22 cases of sex trafficking involving 38 traffickers. In these cases, at least 30 victims were identified. The public ...


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 ...


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.


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 ...


Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette 2016 Mitchell Hamline School of Law

Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette

Mitchell Hamline Law Review

No abstract provided.


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 ...


Sparks V. Bare, 132 Nev. Adv. Op. 43 (Jun. 16, 2016), Emily Haws 2016 Nevada Law Journal

Sparks V. Bare, 132 Nev. Adv. Op. 43 (Jun. 16, 2016), Emily Haws

Nevada Supreme Court Summaries

The Court determined under NRS 189.030(1) that (1) “a misdemeanor appellant is responsible for requesting transcripts and, if not indigent, paying for those transcripts;” and (2) that “the district court has the inherent authority to dismiss a misdemeanor appeal where the appellant fails to prosecute an appeal or comply with the court’s orders.”


Mason V. State, 132 Nev. Adv. Op. 42 (June 16, 2016), Shannon Diaz 2016 Nevada Law Journal

Mason V. State, 132 Nev. Adv. Op. 42 (June 16, 2016), Shannon Diaz

Nevada Supreme Court Summaries

The Court determined that pursuant to NRS 176.035(1), a district court must pronounce aggregate minimum and maximum terms of imprisonment in a defendant’s judgment of conviction.


“Criminal Records” - A Comparative Approach, Sigmund A. Cohn 2016 University of Georgia School of Law

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg 2016 George Washington University

Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg

Georgia Journal of International & Comparative Law

No abstract provided.


Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy 2016 Villanova University Charles Widger School of Law

Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy

Villanova Law Review

No abstract provided.


#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan 2016 Villanova University Charles Widger School of Law

#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan

Villanova Law Review

No abstract provided.


The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus 2016 William & Mary Law School

The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus

Faculty Publications

No abstract provided.


"Where Were Your Clothes?" Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews, Stacia N. Stolzenberg, Thomas D. Lyon 2016 Arizona State University

"Where Were Your Clothes?" Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Purpose: The present study examined how children alleging sexual abuse are asked about clothing placement during abusive episodes, both in criminal trials and forensic interviews. The placement of clothing is of great importance, because it facilitates distinguishing abusive touch from non-abusive touch, as well as the severity of abuse when the touching is in fact sexual. If clothing has not been removed, then sexual abuse appears less likely and certain types of sexual contact are physically impossible (or at least highly improbable). Methods: We examined how trial attorneys (n = 142) and forensic interviewers in investigative interviews (n = 155) questioned 5- ...


Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas 2016 Florida International University

Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

The underlying reasons for recantation in children’s disclosure of child sexual abuse (CSA) have been debated in recent years. In the present study, we examined the largest sample of substantiated CSA cases involving recantations to date (n = 58 cases). We specifically matched those cases to 58 non-recanters on key variables found to predict recantation in prior research (i.e., child age, alleged parent figure perpetrator, caregiver unsupportiveness). Bivariate analyses revealed that children were less likely to recant when they were (1) initially removed from home post-disclosure, and (2) initially separated from siblings post-disclosure. Multivariate analyses revealed that children were ...


Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez 2016 Georgetown University Law Center

Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question – one of recognized significance for contemporary debates about the proper scope of habeas review. This Essay provides a new answer. It argues that, until the enactment of AEDPA in 1996, state prisoners were always entitled to de novo review of the legal and mixed law/fact questions decided against them by the state courts. Until 1916, such review was provided by the Supreme Court; after 1953, such review was provided by the ...


Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman 2016 University of Michigan Law School

Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman

Articles

Some years before his death, when asked which was his favorite among his opinions, Antonin Scalia named Crawford v. Washington. It was a good choice. Justice Scalia's opinion in Crawford reclaimed the Confrontation Clause of the Sixth Amendment to the Constitution and restored it to its rightful place as one of the central protections of our criminal justice system. He must have found it particularly satisfying that the opinion achieved this result by focusing on the historical meaning of the text, and that it gained the concurrence of all but two members of the Court, from all ideological positions.


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