Digital Commons Network^™

Domination In Wrongdoing, George P. Fletcher

Faculty Scholarship

Blackstone had a point in identifying crimes as public wrongs and torts as private wrongs. Both crimes and torts claim victims, however, the victims' responses vary according to context. In criminal cases, the victim responds by hoping that the government will apprehend and successfully prosecute the offender. In tort disputes, the victim responds by demanding compensation.

It is unclear, however, what constitutes wrongdoing. Defining wrongdoing as the violation of rights is unhelpful, for that definition only raises other questions: Who has rights and what is their content? Therefore, to understand the nature of wrongdoing, we should seek a substantive theory …

A Tale Of Two Sisters: Gender In Taiwan's Small-Scale Industry, Anru Lee

Publications and Research

No abstract provided.

Illinois State Scholar, Vol. 6 (1996), Office Of The Provost, Illinois State University

Redbird Scholar

No abstract provided.

The Suspension Clause In The Ratification Debates, Eric M. Freedman

Hofstra Law Faculty Scholarship

The issue of the proper scope of the federal writ of habeas corpus has for the past several decades generated repeated political struggles in the judicial, legislative, and executive arenas.1 The prominence of this seemingly arcane legal question is not difficult to explain; it implicates a series of fundamental issues of public policy: crime control, civil liberties, the allocation of power and responsibility between branches and levels of government, and the justice and efficacy of the criminal justice system, particularly with regard to the death penalty.

Yet the habeas corpus debate has taken place in the context of an astonishing …

Secret Proceedings In Canada, Ian Leigh

Osgoode Hall Law Journal

National security and constitutionalism are often thought to be fundamentally incompatible. Recent reforms in Canada involve creative attempts to recognize constitutional rights to fair procedure within processes in which individuals' rights are in conflict with state security interests, such as security clearance, deportation, or access to information. The procedures examined in this article include in camera and ex parte review by Federal Court judges and the use of the Security Intelligence Review Committee. The analysis draws on interviews with participants and compares these procedures with other situations in which restrictions upon open justice have faced Charter challenge, especially under sections …

Search And Seizure Of The Press, Christie A. Mcneill

Osgoode Hall Law Journal

In the companion cases of Canadian Broadcasting Corp. v. Lessard and Canadian Broadcasting Corp. v. New Brunswick (AG.), the Supreme Court of Canada decided that the media should not have any special protection from police search and seizure above that afforded to ordinary citizens. In refusing to create a standard of heightened constitutional protection to be met before a search warrant can be issued against the press, the Court turned a blind eye to its past interpretations of section 8 of the Charter as containing a standard of reasonableness that varies depending upon the context of the search and the …

Characteristics Of Batterers Convicted Of Domestic Abuse In The Batterers’ Education Reform, Jacquelyn E. Powell

Dissertations and Theses @ UNI

The information obtained from this study will give an indication as to whether the abusers in this area share common characteristics of the abuser. By identifying these characteristics, it may be possible to target individuals prone to practice abusive behavior, and possibly interrupt the cycle by intervening with education and prevention strategies to combat the problem.

The purpose of this study was to ascertain selected characteristics of males convicted of domestic abuse in the Black Hawk County's Batterers' Education Program. The study was to identify selected characteristics of participants court-ordered to attend the Batterers' Education Program. The study investigated demographical …

Youth-Serving Agency's Prevention And Intervention Programs For Gangs, Julianne Gassman

Dissertations and Theses @ UNI

The purpose of this study was to describe the perception of directors of youth-serving agencies on what prevention and intervention programs have been implemented by youth-serving agencies in eastern Iowa. Directors of youth-serving agencies in the following cities in Iowa answered the questionnaire (Gang Program Assessment Questionnaire): Waterloo, Cedar Falls, Dubuque, Cedar Rapids, Davenport, Iowa City, Coralville, Adel, Ankeny, Bondurant, Indianola, Johnston, Knoxville, Nevada, Newton, Pella, Pleasant Hill, Ames, Des Moines, Makquoketa, and Urbandale.

The Gang Assessment Program Questionnaire was used to analyze the extent to which gangs were perceived as active in each city as well as expectations for …

Evaluating Intensive Home Supervision : A Community Based Juvenile Corrections Program, Laone K. Kishman

Dissertations and Theses @ UNI

The thesis presented herein is an evaluation of Intensive Home Supervision (IHS). IHS is a community based juvenile delinquency prevention program operated conjointly through the Department of Human Services (OHS) and Juvenile Court Services in Black Hawk County. The purpose of IHS is to provide a treatment oriented intensive supervision program designed specifically to keep youthful offenders in their homes and out of long term residential placements. IHS is different than many other intensive supervision programs in that it is designed to go beyond monitoring youths' behaviors by therapeutically intervening to enhance the offenders' life skills. The nine life skills …

A Study Of School Disturbance In The United States: A Twentieth Century Perspective, Part Two, Gordon A. Crews

Criminal Justice Faculty Publications

In 1989, President George Bush. and the Nation's fifty governors, held a historic education summit that culminated in the adoption of six National Education Goals. These six broad goals were intended to serve as a framework for future reform efforts. The sixth goal of the United States' National Educational Goals states:

By the year 2000, every school in America will be free of drugs and violence and will offer a disciplined environment conducive to learning. The stated objectives are: Every school will implement a firm and fair policy on use, possession, and distribution of drugs and alcohol. Parents, businesses, and …

An Analysis Of Potential Incompatibility Between The Acts Amendment (Evidence Of Children And Others) Act 1992 And Defendants' Rights, V. F. Pearson

Theses : Honours

The need to balance the needs and rights of all parties is a central consideration in legal procedure. This is no simple task, however, when the interests of the defendant are often in direct contrast to those of the witness. Much of the contention arises from the ambiguity associated with the nature of both victims' and defendants' rights and the lack of clear guidelines for the resolution of conflict where such competing interests are involved. Because Australia has no document precisely delineating the nature and content of individual rights, the result is a reliance on an ill-defined combination of common …

The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan

Theses : Honours

The provision of expert testimony for the defence has been demonstrated to sensitise jurors to the variables that may reduce the reliability of an eyewitness identification (Cutler, Dexter, & Penrod, 1989). However, research examining the variables that reduce identification reliability has revealed conflicting findings (Yuille & Cutshall, 1986). Given this disparity in psychological opinion, a situation may arise where opposing expert testimony for the prosecution and the defence is delivered within the same criminal trial This thesis examined the effect of each form of expert testimony about eyewitness identification issues on the decision of the individual juror. The decision making …

Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Although medical examinations and samples taken from suspects' bodies in the course of police inquiries often lead to the discovery of important evidence, Singapore criminal procedure does not appear to empower the police to carry out such medical investigations. Neither does it safeguard the interests of suspects. It is submitted that the Criminal Procedure Code and other statutes should be brought up to date with modern science.

Nameless Justice: The Case For The Routine Use Of Anonymous Juries In Criminal Trials, Nancy J. King

Vanderbilt Law Review

We ask a lot of our jurors. The financial and emotional burdens of jury duty can be significant even in mundane cases. Deciding another's fate is often a trying ordeal, aggravated by unintelligible instructions, hostile attorneys or court personnel, miserable working conditions, and interminable delays. The voir dire process may require jurors to reveal intimate, embarrassing, or damning information about themselves and their families that they would not voluntarily choose to reveal. Confronted with allegations of violence, injury, or abuse, some jurors become traumatized or ill. On top of all of this, jury service exposes jurors, their families, and their …

The Ills Of The Federal Sentencing Guidelines And The Search For A Cure: Using Sentence Entrapment To Combat Governmental Manipulation Of Sentencing, Robert S. Johnson

Vanderbilt Law Review

Consider the following scenario:' The police conduct an under- cover sting operation targeting drug traffickers. An undercover officer approaches a suspected drug dealer and arranges to purchase crack cocaine. Over a period of five weeks, the suspect makes seven sales to the officer, and the police arrest him after the final sale. The total amount sold by the defendant was 50.4 grams, just enough to place him within the mandatory minimum sentence of ten years. Had he sold up to 49.9 grams, his mandatory minimum sentence would only have been five years. The district court hearing this case found it …

The Distinction Between Crime And Tort In The Early Common Law, David J. Seipp

Faculty Scholarship

Lawyers and judges in English royal courts between 1200 and 1500 drew a distinction between crime and tort. Each type of lawsuit-each writ or action-had its own form and nature. Medieval English lawyers grouped these individual actions into categories such as real actions and personal actions, writs of possession and writs of right.' The lawyers recognized categories that later acquired the labels crime and tort, although those were not the names for them in the early common law. Crimes were prosecuted by actions known as indictments and appeals of felony. Torts were remedied by writs of trespass alleging use of …

“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn

Scholarly Works

This Article reports on the performance of a study based on and inspired by Segal and Spaeth's work. It examines the possible attitudinal bases of the entire corpus (over 100 cases) of federal district court decisions involving constitutional self-representation claims. As explained in greater detail below, this area of jurisprudence was selected for study because decisions often are dependent upon the exercise of judicial discretion-Segal and Spaeth's attitudinal factors. This study both elucidates the attitudinal methods of Segal and Spaeth and "proves" an exception to the attitudinal model hypothesized by Segal and Spaeth. That exception is the salience of doctrine …

Legal Consequences Of Apologizing, Peter H. Rehm, Denise R. Beatty

Journal of Dispute Resolution

This article discusses the legal consequences of saying you are sorry, whether as an apology or an expression of sympathy. It discusses questions such as whether an apology is understood to be an admission of guilt, whether an apology fulfills any elements of a tort, how an apology can be useful for avoiding litigation, how an expression of sympathy should be worded to minimize the possibility that it could be misunderstood to be an admission of guilt, and why someone who is guilty of some error should apologize without concern that this would make their situation worse. It analyzes various …

Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks

Faculty Scholarship

In this Paper, I propose the following two step procedure to explain both the inclusion and exclusion of criminal utility. As a first step, I posit a full compliance utility function. This utility function includes all utilities for all activities and incorporates an assumption that all members of society will forego prohibited activities. Aa s preliminary matter, I will also presuppose common information and shared values within the community. I suggest that maximization of full compliance social utility determines what society prohibits. As a second step, I strip the social utility function of the utility from prohibited activities and drop …

Unscheduled Departures: The Circumvention Of Just Sentencing For Police Brutality, Alexa P. Freeman

UC Law Journal

This Article examines the problems presented when courts depart downward from the federal sentencing guidelines in police brutality cases. Sentences for police officers increased following the enactment of the sentencing guidelines, which this Article attributes to two factors: the elimination of sentencing disparities between police and civilian crimes, and the assignment of additional penalties for the civil rights dimension of the crime. The author contends that, without sentencing guidelines, police brutality is not sentenced commensurate with the harm committed; judges were often constrained by community attitudes and norms, even when they recognized the problem and wanted to impose adequate terms …

Unpacking The Jury Box, Kenneth S. Klein

UC Law Journal

This Article challenges the accusation that juries are illequipped to do justice in a complex society. The consequences of debunking the commonly believed notion of jury incompetence are twofold. First, it reveals an alternative explanation of contemporary distrust of jurors-that distrust of juries is symptomatic of a larger dynamic whereby citizens distrust any institution of democratic decision-making when the decision-makers are diverse from themselves. Second, that much of the current slate of proposed jury reforms, which are based on the false premise of juror incompetence, will harm the institution of trial-by-jury to no end.

Twelve Steps, You're Out (Of Prison): An Evaluation Of "Anonymous Programs" As Alternative Sentences, Ethan G. Kalett

UC Law Journal

America's increasingly aggressive anti-drug policies place extreme burdens on the courts, prisons, and probation programs. Yet despite these "zero tolerance" policies, drug addiction and alcoholism continue to rise. Recent evidence shows that addiction is a treatable condition, and that providing such treatment to certain types of convicted criminals can reduce recidivism. But providing such treatment can be time consuming and costly. Consequently, courts are taking increasing advantage of using Twelve Step programs like Alcoholics Anonymous as low-cost, readily available treatment alternatives.

This Note explores whether diverting criminals to Twelve Step programs adequately safeguards the needs and aims of the criminal …

Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little

Faculty Scholarship

No abstract provided.

Oregon's Carry Concealed Weapon Laws: A Historical Review Of The Right To Personal Protection, Richard Meek Bash

Dissertations and Theses

This thesis reviews many of the historical, constitutional and legal factors behind today's gun control policy and how they relate to the laws governing the carrying of concealed firearms within the state of Oregon. Many legal cases are explored for their impact on the carriage of concealed weapons. A thorough examination was made of the Oregon legislative history behind HB 3470, sponsored by then-House Speaker Vera Katz, which was enacted in July 1989, was effective January 1, 1990, and became the kernel of the snowball passage of CCW (carry concealed weapon) laws within the United States. Statistical tests were conducted …

Book Review. Telecom Regulation Monitor (S. Gieman And E. Herman, Eds.), Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Music, The Media, And Communal Relations In North India, Past And Present, Peter L. Manuel

Publications and Research

No abstract provided.

The Client Fraud Problem A Justinian Quartet, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

The Evolution Of Race In The Law The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Action For African Americans, Frank H. Wu, Reggie Oh

Faculty Scholarship

No abstract provided.

Annual Faculty Senate Minutes October 1996 - June 1997, Portland State University Faculty Senate

Annual Compilations of the Faculty Senate Minutes (Minutes Only)

Minutes of the Faculty Senate for October 1996 to June 1997.

Report Regarding Implementation Of The American Bar Association's Recommendations And Resolutions Concerning The Death Penalty And Calling For A Moratorium On Executions, Lyn Entzeroth, Randall Coyne

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.