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Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden 2022 Roger Williams University School of Law

Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller 2022 Western Kentucky University

The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller

Masters Theses & Specialist Projects

This study sought to determine the relationship between True Crime Media (TCM) or pretrial publicity (PTP) consumption and jurors' criminal justice orientations. This study also looked at dispositional empathy, right-wing authoritarianism, the need for affect, and the need for cognition as potential moderators. It was hypothesized that the more TCM and PTP consumed, the more participants will lean toward crime control ideologies. It was also hypothesized that the more TCM and PTP consumed, the higher participants would score on right-wing authoritarian viewpoints, on dispositional empathy, and on need for cognition. Participants were presented with a screening question of, "Do you …


Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore 2022 Brigham Young University Law School

Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore

BYU Law Review

No abstract provided.


Lawyers As Caregivers, Paula Schaefer 2022 St. Mary's University

Lawyers As Caregivers, Paula Schaefer

St. Mary's Journal on Legal Malpractice & Ethics

This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …


The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4, Matthew Skolnick 2022 Villanova University Charles Widger School of Law

The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4, Matthew Skolnick

Villanova Law Review

No abstract provided.


Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw 2022 Notre Dame Law School

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …


Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta 2022 Brooklyn Law School

Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta

Journal of Law and Policy

The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …


Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams 2022 Brooklyn Law School

Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams

Journal of Law and Policy

American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …


Intellectual Disability, Risk, And Recidivism In An American Sample Of Incarcerated Sexual Offenders, Perry A. Callahan 2022 CUNY John Jay College

Intellectual Disability, Risk, And Recidivism In An American Sample Of Incarcerated Sexual Offenders, Perry A. Callahan

Student Theses

Research suggests that intellectual disabilities (ID) are prevalent among people who sexually offend. Those with ID may differ from their non-disabled counterparts with regard to risk factors associated with recidivism. Additionally, actuarial measures of risk, which are used to make determinations on sentencing and civil commitment, appear to differ in their predictive accuracy among individuals with and without ID. Despite this, little data exists on recidivism in this population, particularly among incarcerated individuals in the United States. The present study sought to compare individuals with and without ID on rates of re-offense, actuarial risk scores, and rates of civil commitment. …


The Coercion Of The Trial Penalty, Kristen C. Akin 2022 CUNY John Jay College

The Coercion Of The Trial Penalty, Kristen C. Akin

Student Theses

Prosecutors, defendants, and defense attorneys must make decisions as to whether to accept a plea offer or proceed to trial every day. Approximately 95% of state and federal convictions result from guilty pleas (Redlich et al., 2017; Thaxton, 2013; Gazal-Ayal & Tor, 2012; Redlich & Shteynberg, 2016; Edkins, 2011; Weatherly & Kehn, 2013; Helm et al., 2018; Gregory et al., 1978). Some estimate this number to be as high as 97% to 99% (Redlich & Bonventre, 2015; Helm et al., 2018). It is also estimated that every two seconds a defendant pleads guilty (Redlich & Bonventre, 2015). In 1980, 19% …


What Are Victim Impact Statements For?, Susan A. Bandes 2022 Brooklyn Law School

What Are Victim Impact Statements For?, Susan A. Bandes

Brooklyn Law Review

In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …


The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe 2022 Brooklyn Law School

The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe

Brooklyn Law Review

Victimization makes people more likely to harm others, and vice versa. In short, “hurt people hurt people.” This victim/offender overlap is especially pronounced in sexual and violent offenses. Unfortunately, the criminal law continues to imagine victims and offenders in two different and mutually exclusive categories, each rigidly defined and morally laden. I first encountered this phenomenon while representing teenagers termed “crossover youth” due to their being both in the foster care system and the juvenile criminal system, and was surprised to find so little on this topic in the criminal law literature. Beginning to fill this gap is an important …


Children’S Ability To Understand And Respond To Wh- Questions About The Mechanics Of Abuse, Kaileigh P. Conti 2022 CUNY John Jay College

Children’S Ability To Understand And Respond To Wh- Questions About The Mechanics Of Abuse, Kaileigh P. Conti

Student Theses

One type of forensically-relevant information that can be difficult to obtain is that pertaining to the “mechanics of abuse.” More specifically, information that includes the descriptions of body positioning and clothing placement. Generally, the recommended strategy for questioning children in legal and forensic settings is to use broad invitations (e.g., “Tell me everything that happened”) and wh- questions (e.g., who, what, where, when, why, how). However, when it comes to the mechanics of abuse, there is some conflicting evidence. Some research suggests open-ended wh- questions are best in cases where the mechanics are hard to describe (e.g., intermediate clothing placement) …


Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary LeCompte 2022 University of Cincinnati College of Law

Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte

University of Cincinnati Law Review

No abstract provided.


Mommy Dearest?:Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo 2022 University of Miami Law School

Mommy Dearest?:Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo

University of Miami Race & Social Justice Law Review

Children are often regarded as the most sacred beings in all of society—appealing to our collective sense of human dignity and protecting the most vulnerable. Mothers fiercely protecting their young children from perceived dangers is ostensibly a natural and moral response. This notion of the loving mother is in stark contrast to filicide, or the act of a parent murdering their child. It is a bedrock principle of the American criminal-justice system that a defendant is not responsible for their actions if the defendant was “laboring under such a defect of reason, from a disease of the mind, as not …


Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry 2022 University of Mississippi

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …


Diagnostic Featural Detection Or Filler Siphoning: A Red Box Study, Brynn Schuetter 2022 University of Arkansas, Fayetteville

Diagnostic Featural Detection Or Filler Siphoning: A Red Box Study, Brynn Schuetter

Psychological Science Undergraduate Honors Theses

The current study is a replication and extension of previous research by Colloff and Wixted (2020). In their study, they created a novel identification procedure called the simultaneous showup. They found support for the diagnostic feature detection theory over the filler siphoning theory. The current study was interested in seeing if covert filler siphoning was still occurring in their novel procedure by asking participants how photos of fillers influenced their identification decision. Participants of the study viewed two crime videos and completed an identification task. If they were assigned to the simultaneous showup task, they were asked if and how …


Combating Recidivism, Shaylin Daley 2022 University of Rhode Island

Combating Recidivism, Shaylin Daley

Senior Honors Projects

SHAYLIN DALEY (Psychology) Combating Recidivism Sponsor: Lisa Holley (Political Science) Many people believe that criminals cannot be helped. It is evident that at least some of society shuns people who break laws and have negative views about the amount of money spent on detaining inmates. Thousands of individuals are released from United States prisons a day. Many of these individuals have no plan in place for their return home and are sent into the streets with nothing except for a jail ID. Most of these people will end up returning to prison. A good sum of these people face problems …


Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack 2022 Northwestern Pritzker School of Law

Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack

School of Law Conferences, Lectures & Events

No abstract provided.


Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell 2022 Liberty University

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.


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