Digital Commons Network^™

Holding Juveniles Accountable: Reforming America's "Juvenile Injustice System", Ralph A. Rossum

Pepperdine Law Review

No abstract provided.

‘The Messaging Effect’: Eliciting Credible Historical Evidence From Victims Of Mass Crimes, Mahdev Mohan

2008 Asian Business & Rule of Law initiative

No abstract provided.

Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr.

Pepperdine Law Review

No abstract provided.

Framing The Juvenile Justice Problem: The Reality Behind The Problem, Robert M. Figlio, Lois Haight, Malcolm W. Klein, Sharon Kalemkiarian

Pepperdine Law Review

No abstract provided.

Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian

Pepperdine Law Review

No abstract provided.

The Importance Of Being Empirical, Michael Heise

Pepperdine Law Review

Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.

Decommissioning Orleans Parish Prison: A Campaign To Build A Safer New Orleans / One Local Policy Step To Dismantle The Prison Industrial Complex, Tara M. Echo

Capstone Collection

Today, nearly two and a half million people in the U.S. are living in cages, with New Orleans holding the highest per capita rate of incarceration. While we have consistently seen that building cages does not bring us any closer to actualizing safety, the sheriff and other city officials of New Orleans justify a financially profitable plan to create more cages-to warehouse more of the city's people-in the name of safety.

Using an abolitionist framework, this paper examines safety by differentiating between contributing factors of being secure and factors which create harm in our communities. By tracing these factors to …

Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada, Carol Fleischhaker

PhD Dissertations

This thesis explains how some organized crime outlaws, such as anti-Prohibitionists, the North American Mafia or La Cosa Nostra, outlaw motorcycle gangs, and Aboriginal street gangs, come to exist and thrive in Canadian society. It sets forth the historical development and nature of criminal organization laws in Canada, and compares the definition of “criminal organization” in the Criminal Code with other criminal law concepts, such as corporate criminals and white-collar criminals; conventional criminality or garden-variety predatory crime; terrorists; and criminal conspirators, parties, and accessories. It uses various concepts and assertions within criminological, sociological and psychological theories to explain the formation …

Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer

Touro Law Review

No abstract provided.

The Cultural Complex Of Innocence: An Examination Of Media And Social Construction Of Missing White Woman Syndrome, Sarah Land Stein

Dissertations

This study examined the etiology and promulgation of the sociological phenomenon known as missing white woman syndrome. It was hypothesized that missing white woman syndrome may not be entirely attributable to racial disparity as has been claimed in the past. Rather, citing the work of Dr. Carl Jung, the researcher believed that missing white woman syndrome may be partially explained by a concept known as a cultural complex. The cultural complex that was hypothesized for purposes of this study is one related to innocence: That is, as a western society, we have been culturally overexposed to the blonde, Caucasian female …

Drugs, Crime, And The Epigenetics Of Hedonic Allostasis, Anthony Walsh, Hailey Johnson, Jonathan D. Bolen

Criminal Justice Faculty Publications and Presentations

Researchers have found staggering numbers of drug addicts among incarcerated populations and have conceded that drug abuse is an important correlate of deviant behavior, but few included an understanding of the biological process leading to drug addiction. Chronic drug abuse and criminality are housed within a much broader propensity of some individuals to engage in a variety of antisocial behaviors, and this article clarifies the link and proposed shared mechanisms between criminal behavior and drug abuse through a molecular-genetic and neurobiological lens. Multiple genes, enzymes, and transcription factors are involved in drug addition, with over 100 genes known to be …

Law And Justice On The Small Screen, Jessica Silbey

Books

'Law and Justice on the Small Screen' is a wide-ranging collection of essays about law in and on television. In light of the book's innovative taxonomy of the field and its international reach, it will make a novel contribution to the scholarly literature about law and popular culture. Television shows from France, Canada, the United Kingdom, Germany, Spain and the United States are discussed. The essays are organised into three sections: (1) methodological questions regarding the analysis of law and popular culture on television; (2) a focus on genre studies within television programming (including a subsection on reality television), and …

Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso

Pell Scholars and Senior Theses

This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.

Toward A Situational Model For Regulating International Crimes, Andrew K. Woods

Law Faculty Scholarly Articles

The international criminal regime, as currently conceived, relies almost exclusively on the power of backward-looking criminal sanctions to deter future international crimes. This model reflects the dominant mid-century approach to crime control, which was essentially reactive. Since then, domestic criminal scholars and practitioners have developed and implemented new theories of crime control—theories notable for their promise of crime prevention through ex ante attention to community and environmental factors. Community policing crime prevention through environmental design, and related "situational" approaches to crime control have had a significant impact on the administration of domestic criminal law.

This Article evaluates the implications of …

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

Evaluating Learning Disabilities And Learning Difficulties As Risk Factors Of Delinquency, Miriam Brooks

Honors Theses

This is a study of the relationship between learning disabilities or learning disability indicators and juvenile delinquency. The three main learning disabilities addressed in this study are dyslexia, dyscalculia, and dysgraphia. Delinquency is measured in the categories of drug use, property damage, and violence. This study also evaluates the accuracy of the school failure hypothesis. Participants for this study included 221 high school students ranging in age from 14 to 19 years old. The unit of measurement utilized in this study is a survey composed of 61 questions involving diagnosis of a learning disability, indicators of a learning disability, delinquent …

Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

This report uses multiple recidivism measures: re‐arrest, re‐adjudication/conviction, and recommitment. To be consistent with other reports, most analysis focuses on re‐adjudication/conviction.

This report measures DJS impact on youth who have been committed to a MDOC facility by examining rates of recidivism.

A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers

Pell Scholars and Senior Theses

State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …

Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii

Faculty Publications

Much of the modem American legal process is dependent, not on particular substantive or procedural rules, but on legal and societal infrastructure that we tend to take for granted. To give the simplest example, appellate practice in Missouri (and elsewhere) was stunted until the late 1880s by the absence of court reporters who could create the verbatim trial records upon which a detailed review for error depends. The study of actual cases decided by juries and judges - law in action, rather than law in theory - owes its fascination to the insights it gives into what people really believe …

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …

Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard

All Faculty Scholarship

The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …

How 'Duty To Retreat' Became 'Stand Your Ground', Jeffrey Bellin

Popular Media

No abstract provided.

Culture In International Parental Kidnapping Mediations, Melissa A. Kucinski

Pepperdine Dispute Resolution Law Journal

Mediating an international parental kidnapping case involves much more than knowing some family law-it involves complex emotions, strict time constraints, multiple nations' laws and policies, intricate international treaties, juggling interpreters, attorneys, government officials, judges, and parents who may be physically located thousands of miles apart, and the blunt reality that you may have no understanding of either parent's cultural customs or the way each will communicate with the other parent or with you. While the "culture" part of the mediation may appear to be the least significant element, it could be key to the success of the mediation. Nonetheless, "culture" …

Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman

Michigan Journal of International Law

The International Criminal Court (ICC), an institution in its infancy, has had occasion to make only a relatively small number of decisions about which defendants and which crimes to prosecute. But virtually every choice it has made has been attacked: the first defendant, Thomas Lubanga, was not senior enough and the crimes with which he was charged-war crimes involving the use of child soldiers-were not serious enough; the Court should have investigated British soldiers for war crimes committed in Iraq; the ICC should not be prosecuting only rebel perpetrators in Uganda and the Democratic Republic of Congo; the Court's focus …

The Disparate Treatment Of Neuroscience Expert Testimony In Criminal Litigation, Jamie Wagenheim

The Appendix, Journal of Health Care Law & Policy

No abstract provided.

Decriminalizing Campus Institutional Responses To Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

Capital Punishment And Race: Racial Culture Of The South, Jerry Joubert

Undergraduate Review

There are currently 34 states with the death penalty and 16 states without the death penalty in the United States. According to the most recent report from the Death Penalty Information Center, there have been 1276 executions in the United States since 1976. In the year 2011 alone, there were 42 executions. This was 4 executions less than the previous year. Among the 1276 total executions in the United States since 1976, 1048 have taken place in the South. There are approximately 3,251 inmates on death row. African-Americans represent 42% of these inmates (Death Penalty Information Center, 2011). This statistic …

Juvenile Life Without Parole, Kallee Spooner

Undergraduate Review

The purpose of this paper is to analyze data, policy trends, and legal concerns on the issue of sentencing juvenile offenders to life without the possibility of parole (LWOP). Policy changes in the 1980s and 90s dramatically changed the sentencing outcomes for juvenile offenders. Significantly departing from the rehabilitative goals established by the juvenile court, states adopted harsher punishments, including LWOP. During this shift, the diminished culpability of youth became insignificant when compared to the nature of their crimes. The recent cases of Roper v. Simmons (2005) and Graham v. Florida (2010) reinstated the importance of recognizing that juveniles are …