Digital Commons Network^™

Only The Really Hard Part Of Ecourt Is Really Worth Doing, Michael H. Marcus

Court Review: Journal of the American Judges Association

Some 20 years ago, I released a defendant facing a minor charge pending his trial, who promptly beat up proprietors in a new attempted robbery. I had no access to information about the defendant’s criminal history. Even today, my mistakes that are based on inadequate information can allow tremendous harm to victims, communities, families, and children. I profoundly hope that I’m sending the right people to prison, to probation under proper conditions, and to the right providers.

It is, of course, terrible when someone we release promptly causes great harm. It is understandable that observers blame the judge for that …

Selected Criminal Law Cases In The United States Supreme Court In The 2008-2009 Term, And A Look Ahead, Charles D. Weisselberg

Court Review: Journal of the American Judges Association

The U.S. Supreme Court’s October 2008 Term gave us a number of very important criminal law and procedure cases. The Court overruled long-standing precedents on automobile searches and post-arraignment interrogation. The justices also addressed whether the use of a forensic chemist’s report violates the Confrontation Clause. These three decisions affect routine police and courtroom practices; undoubtedly, there will be periods of adjustment for judges, lawyers, and police. The Term was also marked by other Fourth Amendment holdings, including one that either transforms the exclusionary rule or merely draws it closer to the rule’s underlying purpose, depending on one’s point of …

Does A Judge’S Religion Influence Decision Making?, Brian H. Bornstein, Monica K. Miller

Court Review: Journal of the American Judges Association

Like many other Americans, judges can have deep-seated religious convictions. Although their religious beliefs certainly do not interfere with their job performance most of the time, judges’ religion can occasionally become problematic. Witness, for example, the case of Alabama Supreme Court Chief Justice Roy Moore, who was removed from office in 2003 after he placed a 5,300-pound monument of the Ten Commandments in the rotunda of the state judicial building and refused to remove it despite being ordered to do so. He installed the monument “in order to remind all Alabama citizens of, among other things, his belief in the …

Court Review, Volume 45, Issue 3 (Complete)

Court Review: Journal of the American Judges Association

Table of Contents

Book Review

60 Lyric Law: Literature Lives in the Legal Realm (Rachel Beth Cunning)

Articles/Essays

62 Selected Criminal Law Cases in the United States Supreme Court in the 2008-2009 Term, and a Look Ahead (Charles D. Weisselberg)

76 Judges’ Perspectives on Stress and Safety in the Courtroom: An Exploratory Study (David M. Flores, Monica K. Miller, Jared Chamberlain, James T. Richardson, & Brian H. Bornstein)

90 Apologies and Settlement (Jennifer K. Robbennolt)

Departments

58 Editor’s Note

59 President’s Column

100 The Resource Page

Characteristics Of Suspected Human Trafficking Incidents, 2007-08, Tracey Kyckelhahn, Allen J. Beck, Thomas H. Cohen

Human Trafficking: Data and Documents

The Trafficking Victims Protection Act of 2000 (TVPA) and its 2003, 2005, and 2008 reauthorizations are the first comprehensive federal legislation to combat human trafficking and to assist trafficking victims. Under the TVPA, human trafficking has occurred if a person was induced to perform labor or a commercial sex act through force, fraud, or coercion. Any person under age 18 who performs a commercial sex act is considered a victim of human trafficking, regardless of whether force, fraud, or coercion were present.

Department Of State - Global Affairs, U.S. Department Of State

Human Trafficking: Data and Documents

The Department of State’s Office to Monitor and Combat Trafficking in Persons (G/TIP) is pleased to announce a two-stage competitive process for 2010 funding of projects that will improve the response to trafficking in persons outside the United States. The first stage is submission and competitive panel review of two-page Statements of Interest (SOI) from organizations interested in submitting proposals for projects that combat human trafficking. In the second stage, G/TIP will invite applicants whose Statements of Interest are reviewed favorably to submit proposals that expand on their SOI. These proposals will also be reviewed by a panel for consideration …

Recruiting And Selecting Child Welfare Staff, Michelle Graef, Megan Paul, Tara L. Myers

Center on Children, Families, and the Law: Faculty Publications

In this chapter, the focus is on recruiting and selecting new staff and on the steps agencies can take to ensure that they are doing the best possible job to attract and hire a high-performing, committed workforce. This chapter reviews a number of strategies for improving recruitment and selection processes and provides case examples from the authors' work with child protection agencies in several states. These projects have been accomplished by a team of researchers at the University of Nebraska-Lincoln's Center on Children, Families, and the Law (CCFL). Some of the techniques described here will be familiar, whereas others are …

The Leading Object: October 2009, John C. Owens

Leading Object

Perspectives; IANR faculty helps develop forensic science in Lagos; Agronomy professor emeritus dies; Mazour works to produce food to feed world’s population; Food ingredient with soybeans, tallow shown to lower cholesterol; Baenziger receives 2009 Omtvedt Innovation Award; Cunningham steps down as ARD dean and director; Agribusiness club gives awards

Unopa Notes 2009

UNOPA: Newsletters

No abstract provided.

Attracting College Men To Sexual Violence Prevention: A Multiple Case Study Of Male Peer Educators, Janice M. Deeds

Department of Educational Administration: Dissertations, Theses, and Student Research

The prevalence rate for sexual assault of U.S. college women has stayed around 13% since 1982 despite the efforts colleges and universities have made to create effective prevention programs. Campus violence prevention programs have changed in focus and approach as research has provided a broader understanding of sexual violence and the important roles men can play in its prevention.

Peer education is currently the most commonly used method of teaching sexual violence prevention information to college students, but unless college men become involved as sexual violence prevention peer educators, campus programs will not be able to effectively reach other male …

Changing The Latitudes And Attitudes About Content Analysis Research, Eve M. Brank, Kathleen A. Fox, Tasha J. Youstin, Lee C. Boeppler

Department of Psychology: Faculty Publications

The current research employs the use of content analysis to teach research methods concepts among students enrolled in an upper-division research methods course. Students coded and analyzed Jimmy Buffett song lyrics rather than using a downloadable database or collecting survey data. Students’ knowledge of content analysis concepts increased after a lecture on the topic of content analysis, but it further improved after participating in the song coding, data cleaning, and writing of results. Additionally, students reported high satisfaction with the project and believed it was an interesting and enjoyable technique for learning about research methods. We provide suggestions for incorporating …

Procedural Justice In Resolving Family Disputes: Implications For Childhood Bullying, Michael R. Brubacher, Mark R. Fondacaro, Eve M. Brank, Veda E. Brown, Scott A. Miller

Department of Psychology: Faculty Publications

High levels of family conflict and poor family conflict resolution strategies are often associated with externalizing behaviors in children, including the behavior of bullying. Through family interactions, parents have the opportunity to convey a variety of messages to the child. Some of these messages are sent through the child’s appraisal of procedural justice, which refers to the judgments of fairness directed at the process by which a conflict is resolved. The current study investigated the relationship between appraisals of procedural justice in family conflict resolution and bullying among middle-school students. A sample of 1,910 sixth through eighth graders completed a …

The Personal And The Political: Forgiveness And Reconciliation In Restorative Justice, Ari Kohen

Department of Political Science: Faculty Publications

At the center of this paper are three questions: in the absence of a religious worldview, can one gain access to the concepts of forgiveness and reconciliation, can reconciliation be achieved in the absence of forgiveness or does the former depend in some way upon the latter, and can we make sense of a restorative approach to justice in the absence of either forgiveness or reconciliation? To answer these questions, I look closely at the concept of forgiveness in the first section of this article with the goals of disentangling it from its religious undertones and emphasizing its importance to …

Gestational Risks And Psychiatric Disorders Among Indigenous Adolescents, Les B. Whitbeck, Devan M. Crawford

Department of Sociology: Faculty Publications

This study reports on the effects maternal prenatal binge drinking, cigarette smoking, drug use, and pregnancy and birth complications on meeting criteria for psychiatric disorders at ages 10–12 and 13–15 years among 546 Indigenous adolescents from a single culture in the northern Midwest and Canada. Adolescent DSM-IV psychiatric disorders were assessed with the Diagnostic Interview Schedule for Children-Revised (DISC-R). Results indicate that maternal behaviors when pregnant have significant effects on adolescent psychiatric disorders even when controlling for age and gender of adolescent, family per capita income, living in a single mother household, and adolescent reports of mother’s positive parenting.

Protecting Well-Being While Pursuing Justice, Barbara Sturgis

Center on Children, Families, and the Law: Faculty Publications

The second and third chapters in this section draw attention to circumstances in which concerns regarding the ability of the criminal justice process to achieve just outcomes intersect with concerns regarding the potential effects of that process on the psychological well-being of various participants. These chapters by Bruce Winick, Jodi Quas, and Bradley McAuliff can reasonably be understood as complimentary in the following sense. Winick’s chapter endorses a substantive legal standard and a proposed procedure for applying that standard that raises a series of questions regarding the manner in which that procedure, and the participants in that procedure, will be …

Managing Performance [In Child Welfare Supervision], Megan E. Paul, Michelle Graef, Erika J. Robinson, Kristin Saathoff

Center on Children, Families, and the Law: Faculty Publications

One of the primary roles of a supervisor is to manage worker performance. Performance management is the "continuous process of identifying, measuring, and developing the performance of individuals and teams and aligning performance with the strategic goals of the organization" (Aguinis, 2007, p. 2). Supervisors must regularly assess current performance levels and take steps to improve performance in a way that is congruent with agency goals. The ultimate goal is to achieve agency objectives through individual and team performance.

To effectively manage performance, supervisors must know what the performance expectations are for workers and clearly communicate these expectations to workers. …

Mcnair News, Volume 3, Number 1, Fall 2008

McNair News: Newsletter of the University of Nebraska–Lincoln McNair Scholars Program

New Scholars Retreat: Welcome Junior Scholars
Meet the New McNair Scholars
McNair - Facts & History
McNair Summer Research Experience
UNL McNair Research Colloquium
Senior Scholar Research Projects
California McNair Scholars Symposium
Reflections on the California McNair Symposium by Kyle Jackson
Mentor Spotlight – Miguel Carranza
Working Effectively with Your Research Mentor by Rebecca Beals
Scholar Spotlight – Mo Wax
McNair Graduate Student Mentors
Dr. Terri Norton “Joins” McNair Community of Scholars
Kudos to McNair Scholars
Conference Presentations
2008 Summer Internships
Alumni News: Degree Watch
McNair Scholars: Now Graduate Students at UNL
UNL Scholars: Now Grad Students Across the Country …

Punishing My Parents: Juveniles’ Perspectives On Parental Responsibility, Eve M. Brank, Jodi Lane

Department of Psychology: Faculty Publications

Interviews of 147 juveniles in postadjudication residential facilities revealed that the juveniles generally did not believe their parents were responsible for the illegal activities of the juvenile. A vast majority of juveniles said that their parents were not responsible at all and also said that if they had known that their parents would also be punished for their crimes, they would have been less likely to commit the crimes. No patterns emerged for these questions based on the demographic or social characteristics of the juveniles. Implications of the juveniles’ perspective are considered, focusing particularly on the juveniles’ lack of willingness …

Hugo Who? G. F. Arnold’S Alternative Early Approach To Psychology And Law, Brian H. Bornstein, Steven D. Penrod

Department of Psychology: Faculty Publications

Hugo Münsterberg is widely regarded as the founder of the discipline of psychology and law, and the publication of his book On the Witness Stand (1908) is considered the signal event in its founding. However, numerous other researchers were conducting and publishing research on psycholegal topics in the late 1800s and early 1900s, and at least one other book on psychology and law— G. F. Arnold’s Psychology Applied to Legal Evidence and Other Constructions of Law (1906)—appeared prior to the publication of Münsterberg’s work. The present paper contrasts these two seminal publications, focusing on their relevance to the “basic-versus-applied” debate …

Nebraska Community Learning Center Network: Expanded Learning Opportunity Fund Mapping Project, Mitchel Herian, Nancy Shank

University of Nebraska Public Policy Center: Publications

Table of Contents:

Table of Contents
Acknowledgements
Introduction
A Note on Terminology and Population
Fund Mapping Challenges
Approach and Presentation
Fund Mapping Results
Current Funding
Survey of Nebraska Funding Sources
Summary of Federal Funding Programs
Early Childhood Care
Survey of Nebraska Afterschool Programs
Federal Funding for 21st Century Community Learning Centers
Nebraska Crime Commission
Parental Involvement
Potential Funding
Summary of Federal Programs
Discussion of 2008 Survey of Funding Sources
Future Directions and Conclusion

Appendices

Appendix A - Summer 2008 Survey of Organizations that Fund Expanded Learning Opportunities
Appendix B - Potential Federal Programs for Expanded Learning Opportunities
Appendix C - …

Diagnostic Prevalence Rates From Early To Mid Adolescence Among Indigenous Adolescents: First Results From A Longitudinal Study, Les B. Whitbeck, Mansoo Yu, Kurt Johnson, Dan R. Hoyt, Melissa L. Walls

Department of Sociology: Faculty Publications

Objective: To investigate change in prevalence rates for mental and substance abuse disorders between early and mid-adolescence among a cohort of indigenous adolescents.

Method: The data are from a lagged, sequential study of 651 indigenous adolescents from a single culture in the northern Midwest United States and Canada. At waves 1 (ages 10-12 years) and 4 (ages 13-15 years), one adult caretaker and one tribally enrolled adolescent completed a computer-assisted personal interview that included Diagnostic Interview Schedule for Children- Revised assessment for 11 diagnoses. Multivariate analyses investigate effects of wave 1 adolescent diagnosis and wave 1 biological mother diagnosis (University …

Distinguishing Civil And Criminal Institutional Deprivations Of Liberty: An Analysis Of Expressive Functions, Marc W. Pearce

Department of Psychology: Dissertations, Theses, and Student Research

A basic function of the criminal justice system is to impose legal punishment through deprivations of liberty. Because deprivations of liberty that flow from civil institutions are not punitive, the distinction between civil and criminal institutional deprivations of liberty arguably hinges on the concept of punishment. Punishment, in turn, may be distinguished from non-punitive sanctions based on its unique expressive function; that is, punishment is defined in part by the special feelings of resentment and judgments of disapproval that it expresses. These feelings and judgments have been labeled “condemnation.” This dissertation explores whether condemnation can be translated into an empirical …

Emotional And Behavioral Reactions To Social Undermining: A Closer Look At Perceived Offender Motives, Craig Crossley

Department of Management: Faculty Publications

This study examined how perceptions of underlying offender motives affect victims’ emotional and behavioral reactions toward their offender. Perceived offender motives of malice and greed were embedded in a cognition–emotion–behavior model based on theories of attribution, forgiveness and revenge, and tested in the context of social undermining. Findings suggested that victims distinguished between offender malice and greed, and that these attributions shaped subsequent emotional reactions, which in turn demonstrated independent relations with revenge, avoidance, and reconciliation.

Lancaster County Public Defender Workload Assessment July 2008, Elizabeth Neeley

University of Nebraska Public Policy Center: Publications

Executive Summary

Workload
The Lancaster County Public Defender's Office was short approximately 3.48 attorneys in 2007.

• The greatest deficit is in the felony division (1.93 PTE), followed by the misdemeanor division (.90). The juvenile division is short approximately one half an attorney (.53 PTE), and the civil division is short .12 PTE.

This deficit can be addressed by:
• Adequately staffing the office;
OR
• Giving the office less work by:
• Establishing Caseload Standards. Cases surpassing the recommended caseload standards should be appointed to privately assigned counsel.

• Reassessing crimes which receive jail time (rethinking the crimes for …

Human Services Data Standards: Current Progress And Future Vision In Crisis Response, Nancy C. Shank, Brian Sokol, Michelle L. Hayes, Christina Vetrano

University of Nebraska Public Policy Center: Publications

Interorganizational coordination is crucial among human services providers responsible for responding to both personal and widespread crises. Too often, however, agencies providing disaster relief, shelter, and connection to other social service systems operate in information silos. Moreover, organizations that assist the same people may be duplicating services or ineffectively providing services to those in need. In the past, there has been no easy way for human service organizations to share information about clients, resources, and services. Over the last decade, distinct initiatives have begun to standardize data collection, storage, and transmission standards within human service domains. This paper describes several …

A Longitudinal Study Of Early Adolescent Precursors To Running Away, Kimberly A. Tyler, Bianca Bersani

Department of Sociology: Faculty Publications

Although previous research has examined correlates of running away among samples of currently homeless and runaway adolescents, little is known about what factors will predict the likelihood that a housed adolescent with no prior history of running away will leave home. As such, the current study uses the National Longitudinal Survey of Youth to examine predictors of running away among a diverse sample of housed adolescents ages 12 through 13. Results indicate that socioeconomic status, being African American or Hispanic, and monitoring were significantly predictive of a decrease in the mean rate of running away in midadolescence. In contrast, being …

An Experimental Juvenile Probation Program: Effects On Parent And Peer Relationships, Eve M. Brank, Jodi Lane, Susan Turner, Terry Fain, Amber Sehgal

Department of Psychology: Faculty Publications

In an effort to provide a wider range of services to youth and their families than is traditionally available in routine probation, the South Oxnard Challenge Project (SOCP) employed a team approach to service delivery of an intensive probation program. The researchers interviewed juveniles who were randomly assigned to either the SOCP experimental condition or the control condition of a routine probation program. The intensive probation program, among other goals, focused on improving parent-child relationships and teaching youth how to choose better peers. At 1 year post random assignment, experimental and control youth were not significantly different on key family …

Measuring Work Preferences: A Multidimensional Tool To Enhance Career Self Management, G. Ronald Gilbert, Ravipreet S. Sohi, Adriana G. Mceachern

Department of Marketing: Faculty Publications

Purpose: The purpose of this paper is to introduce a multidimensional work preference research instrument, and to relate scores on these dimensions with subjects' real world work choices.

Design/methodology/approach: Repeated samples of 1,002 and 975 adult subjects were used to identify 17 empirically derived constructs, using both EFA and CFA statistical applications. The CFA revealed measurement invariance among the predicted and measured constructs. The 17 validated constructs were culled from career development-related psychology that has variously been identified with learning styles, work interests, work values, and temperament. Using a third sample of 590 subjects, MANOVA analyses of work preference scores …

Unopa Notes 2008

UNOPA: Newsletters

No abstract provided.

Evaluation Of Nebraska’S Probation Problem Solving Courts

University of Nebraska Public Policy Center: Publications

Eight Nebraska problem solving courts were examined for this evaluation: three adult drug courts, four juvenile drug courts, and one young adult problem solving court. The key questions intended to be addressed through this evaluation included the following:

1. To what extent do problem-solving courts serve appropriate persons, specifically in relation to risk classification?

2. How do the demographic characteristics of participants compare to the general population and other offenders?

3. To what extent do policies and procedures adhere to the proposed problem solving court rules

4. How do policies and procedures compare across courts?

5. What are possible areas …