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Articles 691 - 720 of 1391
Full-Text Articles in Entire DC Network
Provisional Arrest And Incarceration In The International Criminal Tribunals, Charles Chernor Jalloh, Melinda Taylor
Provisional Arrest And Incarceration In The International Criminal Tribunals, Charles Chernor Jalloh, Melinda Taylor
Faculty Publications
This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …
Dissent Into Confusion: The Supreme Court, Denialism, And The False “Scientific” Controversy Over Shaken Baby Syndrome, Joelle A. Moreno, Brian Holmgren
Dissent Into Confusion: The Supreme Court, Denialism, And The False “Scientific” Controversy Over Shaken Baby Syndrome, Joelle A. Moreno, Brian Holmgren
Faculty Publications
No abstract provided.
Defunding State Prisons, W. David Ball
Defunding State Prisons, W. David Ball
Faculty Publications
Local agencies drive criminal justice policy, but states pick up the tab for policy choices that result in state imprisonment. This distorts local policies and may actually contribute to increased state prison populations, since prison is effectively “free” to the local decisionmakers who send inmates there. This Article looks directly at the source of the “correctional free lunch” problem and proposes to end state funding for prisons. States would, instead, reallocate money spent on prisons to localities to use as they see fit — on enforcement, treatment, or even per-capita prison usage. This would allow localities to retain their decision-making …
Miranda And Its (More Rights-Protective) International Counterparts, Megan A. Fairlie
Miranda And Its (More Rights-Protective) International Counterparts, Megan A. Fairlie
Faculty Publications
The goal of this article is to encourage the international legal community to revisit its unexamined acceptance of strategic communications. This can lead to a debate that, at a minimum, should prompt Court supporters — specifically civil society members — to think carefully before engaging in conduct that creates dangerous consequences for the ICC.
First, Do No Harm: On Addressing The Problem Of Implicit Bias In Juror Decision Making, Jennifer K. Elek, Paula Hannaford-Agor
First, Do No Harm: On Addressing The Problem Of Implicit Bias In Juror Decision Making, Jennifer K. Elek, Paula Hannaford-Agor
Faculty Publications
Courts have extremely limited opportunities to educate jurors about the pernicious effects of complex psychological phenomena like implicit bias and how these implicit forms of bias may distort jurors' interpretation of trial evidence. This article focuses on several of these interventions and the factors that may increase or undermine their effectiveness. Most Americans are aware of the existence of explicit bias and its effects on decision making generally, but implicit bias is still a relatively new concept about which many people in the justice system are unaware. The first section of this article discusses the difference between explicit bias and …
The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller
The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller
Faculty Publications
No abstract provided.
Freeing Morgan Freeman: Expanding Back-End Release Authority In American Prisons, Frank O. Bowman Iii
Freeing Morgan Freeman: Expanding Back-End Release Authority In American Prisons, Frank O. Bowman Iii
Faculty Publications
This article, written for a symposium hosted by the Wake Forest Journal of Law & Policy on “Finality in Sentencing,” makes four arguments, three general and one specific. First, the United States incarcerates too many people for too long, and mechanisms for making prison sentences less “final” will allow the U.S. to make those sentences shorter, thus reducing the prison population surplus. Second, even if one is agnostic about the overall size of the American prison population, it is difficult to deny that least some appreciable fraction of current inmates are serving more time than can reasonably be justified on …
Prosecuting Those Bearing 'Greatest Responsibility': The Lessons Of The Special Court For Sierra Leone, Charles Chernor Jalloh
Prosecuting Those Bearing 'Greatest Responsibility': The Lessons Of The Special Court For Sierra Leone, Charles Chernor Jalloh
Faculty Publications
This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence “to prosecute those who bear the greatest responsibility” for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …
Legal Latin Americanism, Jorge L. Esquirol
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
Faculty Publications
No abstract provided.
Juries For Juveniles, Joseph E. Kennedy
Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Faculty Publications
No abstract provided.
School Discipline Reform: Incorporating The Supreme Court's "Age Matters" Jurisprudence, Barbara A. Fedders, Jason Langberg
School Discipline Reform: Incorporating The Supreme Court's "Age Matters" Jurisprudence, Barbara A. Fedders, Jason Langberg
Faculty Publications
No abstract provided.
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Faculty Publications
The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.
Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Faculty Publications
No abstract provided.
Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz
Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz
Faculty Publications
Recent laws criminalizing texting while driving are under-inclusive, ambiguous, and impose light punishments that are unlikely to deter. At the same time, the laws empower police to conduct warrantless searches of drivers’ cell phones. Texting while driving is dangerous and should be punished with stiff fines, possible jail time, license suspensions, and interlock devices that prevent use of phones while driving. However, more severe punishment will not eliminate police authority to conduct warrantless cell phone searches. This Article therefore proposes that legislatures allow drivers to immediately confess to texting while driving in exchange for avoiding a search of their phones. …
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Faculty Publications
Hate crimes continue to persist in the United States and undermine the traditions and values to which the country aspires. Until recently, however, the stringent jurisdictional limitations of existing federal legislation made it difficult for the federal government to prosecute these crimes. In October 2009, President Obama signed into law the Matthew Shepard James Byrd Jr., Hate Crimes Prevention Act (the "HCPA"). The HCPA significantly expands the federal government's authority to prosecute defendants accused of hate crimes because it dispenses with a previous jurisdictional requirement that made it difficult to prosecute many such crimes. The HCPA also represents an expansion …
Emotional Psychological And Related Problems Among Truant Youths: An Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Rocío Aracelis Ungaro, Laura M. Gulledge, Lora M. Karas, Ken C. Winters, Steven Belenko, Paul Greenbaum
Emotional Psychological And Related Problems Among Truant Youths: An Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Rocío Aracelis Ungaro, Laura M. Gulledge, Lora M. Karas, Ken C. Winters, Steven Belenko, Paul Greenbaum
Faculty Publications
Latent class analysis was conducted on the psychosocial problems experienced by truant youths. Data were obtained from baseline interviews completed on 131 youths and their parents/guardians involved in a NIDA-funded, Brief Intervention Project. Results identified two classes of youths: Class 1(n=9) - youths with low levels of delinquency, mental health and substance abuse issues; and Class 2(n=37) - youths with high levels of these problems. Comparison of these two classes on their urine analysis test results and parent/guardian reports of traumatic events found significant (p<.05) differences between them that were consistent with their problem group classification. Our results have important implications for research and practice.
Dual Hiv Risk And Vulnerabilities Among Women Who Use Or Inject Drugs: No Single Prevention Strategy Is The Answer, Nabila El-Bassel, Wendee M. Wechsberg, Stacey Shaw
Dual Hiv Risk And Vulnerabilities Among Women Who Use Or Inject Drugs: No Single Prevention Strategy Is The Answer, Nabila El-Bassel, Wendee M. Wechsberg, Stacey Shaw
Faculty Publications
HIV prevention strategies and services need to address the unique and multilevel drivers that increase the vulnerabilities to HIV, HCV, and STIs among women who use drugs including those who engage in sex work. Scaling-up and improving access to multilevel and combined HIV prevention strategies for these women is central to combating the HIV epidemic.
Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii
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 …
What's Love Got To Do With It: Securing Access To Justice For Teens, Lisa V. Martin
What's Love Got To Do With It: Securing Access To Justice For Teens, Lisa V. Martin
Faculty Publications
During the past 15 years, researchers have documented the pervasiveness, severity, and lasting impact of dating violence on American adolescents. Studies also have shown teens to be firmly resistant to disclosing abuse to adults. Nonetheless, civil protection orders - the civil legal remedy most commonly relied upon to redress intimate partner violence in adult relationships - often remain inaccessible to abused teens. State protection order statutes exclude teens from their protections by restricting rights to standing by age and the relationship between the parties. When states grant teens standing, they often deter teens from pursuing the protections extended to them …
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Faculty Publications
In November 2011, the Journal hosted a symposium on prosecutorial immunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journal felt that it would be fitting to include it in its spring volume.
Stress, Mental Health, And Substance Abuse Problems In A Sample Of Diversion Program Youths: An Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Laura M. Gulledge, Lora M. Karas, Ken C. Winters, Steven Belenko, Paul Greenbaum
Stress, Mental Health, And Substance Abuse Problems In A Sample Of Diversion Program Youths: An Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Laura M. Gulledge, Lora M. Karas, Ken C. Winters, Steven Belenko, Paul Greenbaum
Faculty Publications
Reflective of interest in mental health and substance abuse issues among youths involved with the justice system, we performed a latent class analysis on baseline information collected on 100 youths involved in two diversion programs. Results identified two groups of youths: Group 1: a majority of the youths, who had high levels of delinquency, mental health, and substance abuse issues; and Group 2: youths with low levels of these problems. Comparison of these two groups on a variety of psychosocial measures and parent/guardian reports found differences between them that were consistent with their problem group classification. Follow-up analysis confirmed problem …
Drug Treatment Program Ownership, Medicaid Acceptance, And Service Provision., Duane C. Mcbride, J. Chriqui, Y. Terry-Mcelrath, M Mulatu
Drug Treatment Program Ownership, Medicaid Acceptance, And Service Provision., Duane C. Mcbride, J. Chriqui, Y. Terry-Mcelrath, M Mulatu
Faculty Publications
The Institute of Medicine noted that effective substance abuse treatment (SAT) programs integrate individual therapeutic approaches with transitional/ancillary services. In addition, research suggests that type of ownership impacts SAT services offered and that Medicaid plays a key role in SAT access. Data from the National Survey of Substance Abuse Treatment Services for the years 2000 and 2002–2006 were used to examine relationships among SAT program Medicaid acceptance, program ownership, and transitional/ancillary service accessibility. Multivariate logistic regression models controlling for state- and program-level contextual factors were used to analyze the data. Nonprofit SAT programs were significantly more likely to offer transitional/ancillary …
An Agenda Of Praxis For Young Adult Librarianship, Anthony Bernier
An Agenda Of Praxis For Young Adult Librarianship, Anthony Bernier
Faculty Publications
All research seeks to impact the world. Library and Information Science (LIS) desires it no less than the “hard” sciences. So I am gratified to see JRYLA promoting young adult (YA) research, and appreciate YALSA Research Committee’s efforts in articulating a list of research needs. The new National Research Agenda represents a welcome, if qualified, addition to YALSA’s portfolio of service.
Crimes, Widgets, And Plea Bargaining: An Analysis Of Charge Content, Pleas, And Trials, Kyle Graham
Crimes, Widgets, And Plea Bargaining: An Analysis Of Charge Content, Pleas, And Trials, Kyle Graham
Faculty Publications
This article considers how the composition and gravamen of a charged crime can affect the parties’ willingness and ability to engage in plea bargaining. Most of the prevailing descriptions of plea bargaining ignore or discount the importance of charge content in plea negotiations. In fact, one leading commentator has likened crimes to widgets insofar as plea bargaining is concerned. In developing its counter-thesis, this article reviews seven years of federal conviction data, focusing on those crimes that produce the most and fewest trials relative to how often they are alleged; the most and fewest acquittals at trial; and the most …
Reunifying From Behind Bars: A Quantitative Study Of The Relationship Between Parental Incarceration, Service Use, And Foster Care Reunification, Amy C. D’Andrade, M. Valdez
Reunifying From Behind Bars: A Quantitative Study Of The Relationship Between Parental Incarceration, Service Use, And Foster Care Reunification, Amy C. D’Andrade, M. Valdez
Faculty Publications
Incarcerated parents attempting to reunify with their children in foster care can find it difficult to complete the activities on their court-ordered case plans, such as drug treatment services and visitation with children. Although much has been written regarding the obstacles that are likely to interfere with reunification for incarcerated parents, very little quantitative research has examined the topic. This study uses secondary data to examine the incarceration experiences and reunification outcomes of a sample of 225 parents in one large urban California county. In multivariate analysis controlling for problems and demographics, incarcerated parents were less likely to reunify with …
Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh
Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh
Faculty Publications
No abstract provided.
Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear
Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear
Faculty Publications
Good-time programs have long been an important part of the American penal landscape. At least twenty-nine states and the federal government currently offer prison inmates early release, sometimes by many years, in return for good behavior.
Written a generation ago, the leading scholarly article on the subject presented a strong case against good time, which has yet to be effectively addressed. Although good time is traditionally justified by reference to its usefulness in deterring inmate misconduct — credits can be denied or withdrawn as a penalty for violations of prison rules — the article questioned how it could possibly be …
Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear
Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear
Faculty Publications
No abstract provided.