Digital Commons Network^™

Presenting Mitigation Against The Client's Wishes: A Moral Or Professional Imperative?, Susan F. Henderson

Capital Defense Journal

No abstract provided.

Collected Working Papers, Phase 2, Portland Police Bureau/National Institute Of Justice Community Policing Assessment Project, Brian Stipak, Annette I. Jolin, Maria Clavadetscher, Susan Immer, James Marshall

Center for Urban Studies Publications and Reports

Portland State University is one of three agencies, along with the Portland Police Bureau and the University of Oregon, working on a project funded by a grant from the National Institute of Justice, United States Department of Justice. The purpose of the grant is to develop and implement methods of measuring the performance of community policing. As the recipient of the grant, the Police Bureau has contracted with Portland State University, and also with the University of Oregon, to do some of the work for the grant. This PSU report of collected working papers was produced wider the contract between …

Capital Punishment Of Kids: When Courts Permit Parents To Act On Their Religious Beliefs At The Expense Of Their Children's Lives, Janet J. Anderson

Vanderbilt Law Review

Criminal liability of parents who treat their children's illnesses through spiritual means or prayer alone is the subject of increasing debate. When children die as a result of their parents' religious practices, prosecutions for crimes such as felony child endangerment, manslaughter, and murder may follow. Most states have codified some type of religious accommodation statute which provides a criminal liability exemption for parents who engage in spiritual healing or prayer treatment for their sick children instead of seeking traditional medical assistance. The scope, purpose, and language of these statutes, however, vary." Even when statutes appear to be similar in content, …

Introduction, Scott E. Sundby

Capital Defense Journal

No abstract provided.

Herrera V. Collins 113 S. Ct. 853 (1993)

Capital Defense Journal

No abstract provided.

Jenkins V. Commonwealth 244 Va. 445 423 S.E.2d 360 (1992)

Capital Defense Journal

No abstract provided.

Litigating The Death Penalty And Race Discrimination In A Post-Mccleskey World, G. Douglas Kilday

Capital Defense Journal

No abstract provided.

Fiscal Responsibility And Criminal Sentencing In Illinois: The Time For Change Is Now, 26 J. Marshall L. Rev. 317 (1993), David H. Norris, Thomas Peters

UIC Law Review

No abstract provided.

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Michigan Journal of International Law

This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.

Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Legacy And Future Of Corrections Litigation, Susan P. Sturm

Faculty Scholarship

This Article attempts to provide a framework for assessing the legacy and future of public interest advocacy in one particular area – corrections. It documents a shift from a test case to an implementation model of advocacy, and urges the development of effective remedial strategies as a method of linking litigation to a broader strategy of correctional advocacy.

I have chosen to focus on this particular institutional context for several reasons. On a pragmatic level, the Edna McConnell Clark Foundation, which for the last twenty years has been the primary source of funding for corrections litigation by private, nonprofit organizations, …

Book Review: Policing Japan, Daniel H. Foote

Book Reviews

Professor Setsuo Miyazawa's Policing in Japan: A Study on Making Crime represents a very valuable addition to the growing body of English-language works on the Japanese police. This is the first such observational study of the police by a Japanese scholar and the only study to examine the behavior of Japanese detectives. Miyazawa, a professor at Kobe University and one of the leading legal sociologists in Japan, has buttressed his own observations with an extensive, and revealing, questionnaire survey of police attitudes.

Jails And Prisons – Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan

Articles & Chapters

No abstract provided.

Some Worries About Sentencing Guidelines, William T. Pizzi

Publications

No abstract provided.

Davidson V. Commonwealth 244 Va. 129,419 S.E.2d 656 (1992)

Capital Defense Journal

No abstract provided.

Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles

Capital Defense Journal

No abstract provided.

Morgan V Illinois 112 S. Ct. 2222 (1992)

Capital Defense Journal

No abstract provided.

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.

The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …

Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.

Capital Defense Journal

No abstract provided.

Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Crime And Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin V. Michigan, John C. Rooker

Brigham Young University Journal of Public Law

No abstract provided.

So What's In A Name? A Rhetorical Reading Of Washington's Sexually Violent Predators Act, J. Christopher Rideout

Seattle University Law Review

In this Article, I will examine this socially constitutive function of narratives in the enactment of Washington State's Sexually Violent Predators Act.'0 This Act is a prime recent example of how social narratives-in this case, narratives of violence, pain, and outrage-lie behind the official language of the law. As Winter would point out, narrative was the vehicle that prompted legal change. The question for this Article, however, is what happens once the story has been recast into another form, here that of a statute? How well do the immediacy of the details and the authorial voice of the story lend …

A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito

Fordham Urban Law Journal

Gun violence is a serious issue in our society. However, finding common ground between those who favor, and those who oppose, gun control can be a difficult task. Mayor David Dinkins and the Police Department propose a four prong solution that would pave a middle ground acceptable to most individuals. (1) put teeth into the existing federal regulations concerning those proscribed from purchasing a gun, (2) limit interstate shipment of firearms only to those federal firearms dealers who show that they have complied with any existing local firearms dealer requirements; (3) provide tracing capabilities for interstate shipments of weapons; and …

Confronting Violence: In The Act And In The Word, David Boerner

Seattle University Law Review

In this Symposium Article, the author narrates his experience as a member of the Task Force to create Washington’s Sexually Violent Predator Civil Commitment Law.

Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis

Seattle University Law Review

This Article does not attempt a complete analysis of all the constitutional implications of Foucha,nor does it attempt to provide a definitive answer to the question of the constitutionality of Washington's sexual predator statute. Rather, because Foucha addressed important due process and equal protection questions relevant to the Washington statute, the Article is an attempt to analyze the case's basic constitutional holdings and discussion on the issue of state deprivation of physical liberty.

The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing

Seattle University Law Review

What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …

Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters

Seattle University Law Review

No abstract provided.

Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond

Seattle University Law Review

This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.