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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 ...


What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas 2016 Cardozo Law School

What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

Faculty Scholarship

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended ...


The Briseno Dilemma, T. Alper, S. Rudenstine 2016 Berkeley Law

The Briseno Dilemma, T. Alper, S. Rudenstine

Ty Alper

No abstract provided.


The Briseno Dilemma, T. Alper, S. Rudenstine 2016 Berkeley Law

The Briseno Dilemma, T. Alper, S. Rudenstine

Ty Alper

No abstract provided.


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 ...


How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

This is a chapter from the new book The Vigilante Echo. Previous chapters have made clear that some vigilantism can be morally justified where the government has failed in its promise under the social contract to protect and to do justice. But this chapter explains how even moral vigilante action can be problematic for the larger society. Vigilantes may try to do the right thing but are likely to lack the training and professional neutrality of police. They may be successful, but only on pushing the crime problem to an adjacent neighborhood. Because their open lawbreaking may seem admirable to ...


Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic ...


Steve Dell Mcneill V. The State Of Nevada, 132 Nev. Adv. Op. 54 (July 28, 2016), Adrian Viesca 2016 Nevada Law Journal

Steve Dell Mcneill V. The State Of Nevada, 132 Nev. Adv. Op. 54 (July 28, 2016), Adrian Viesca

Nevada Supreme Court Summaries

The Supreme Court determined that the plain language of NRS 213.1243 does not grant the State Board of Parole Commissioners authority to impose additional conditions not enumerated in the statute when supervising sex offenders on lifetime supervision.


Jury Bias: Myth And Reality, Callie K. Terris 2016 Ursinus College

Jury Bias: Myth And Reality, Callie K. Terris

Politics Summer Fellows

Juries are often thought of as being fair and crucial to producing fair trials. Things such as scientific jury selection (SJS), peremptory challenges, jury size, and jury nullification skew jury verdicts by introducing biases that reflect the attitudes, characteristics, and behaviors of jurors. This paper demonstrates how bias is formed starting during the voir dire process and continuing until the rendering of a verdict. Each bias can lead to wrongful convictions such as conviction of the innocent or acquittal of the guilty. With a system that prides itself on the notion that justice is blind, the bias that is created ...


Blankenship V. State, 132 Nev. Ad. Op 50 (Jul. 21, 2016), Heather Armantrout 2016 William S. Boyd Nevada Law Journal

Blankenship V. State, 132 Nev. Ad. Op 50 (Jul. 21, 2016), Heather Armantrout

Nevada Supreme Court Summaries

The Court considered whether scoring errors in criminal defendants’ Probation Success Probability (PSP) forms constituted “impalpable or highly suspect evidence,” thereby adversely influencing the Division of Parole and Probation’s (the Division) sentencing recommendations. The Court affirmed one criminal defendant’s judgment of conviction (Docket No. 66118), but it vacated his sentence and remanded for a new sentencing hearing. It held that the district court abused its discretion and that defendant’s sentence was prejudiced because the district court relied on an erroneous PSP form in reaching its sentencing decision. It affirmed the judgment of conviction and sentence of another ...


Grace V. The Eight Judicial District Court Of The State Of Nevada, Adrienne Brantley 2016 Nevada Law Journal

Grace V. The Eight Judicial District Court Of The State Of Nevada, Adrienne Brantley

Nevada Supreme Court Summaries

This discusses whether Nevada justice courts have jurisdiction to rule on motions to suppress illegally obtained evidence. In March of 2014, the State filed a criminal complaint against LeCory Grace in the Las Vegas Justice Court. The complaint charged Grace with one count of possession of a controlled substance. At Grace’s preliminary hearing, Grace orally moved to suppress evidence that may have been illegally obtained. The justice court concluded that the search was unlawful, suppressed the evidence derived from the search and dismissed the case against Grace. The State appealed the justice court’s order of suppression and the ...


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.


Confronting Rape Shield, Allison I. Connelly 2016 University of Kentucky College of Law

Confronting Rape Shield, Allison I. Connelly

Allison Connelly

In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.


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.


Denying Access To Justice During A Carceral Crisis, Brett Dignam 2016 New York Law School

Denying Access To Justice During A Carceral Crisis, Brett Dignam

Impact Center for Public Interest Law

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 ...


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