Digital Commons Network^™

Policing For Profit: The Drug War's Hidden Economic Agenda, Eric Blumenson, Eva Nilsen

University of Chicago Law Review

No abstract provided.

Restorative Justice – A Conceptual Framework, Jennifer Llewellyn, R. Howse

Articles, Book Chapters, & Popular Press

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …

Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss

Faculty Scholarship

In 1988, hundreds of federal district judges were suddenly confronted with the need to render a decision on the constitutionality of the Sentencing Reform Act and the newly promulgated criminal Sentencing Guidelines. Never before has a question of such importance and involving such significant issues of constitutional law, mandated the immediate and simultaneous attention of such a large segment of the federal trial bench. Accordingly, this event provides an archetypal model for exploring the influence of social background, ideology, judicial role and institution, and other factors on judicial decisionmaking. Based upon a unique set of written decisions involving an identical …

University Of Central Florida Libraries, Annual Report 1997-1998, Ucf Libraries

Libraries' Documents

No abstract provided.

Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson

Faculty Scholarship

While youth violence has always been a critical part of delinquency, the modern epidemic is marked by high rates of gun violence. Adolescents in cities possess and carry guns on a large scale, guns are often at the scene of youth violence, and guns often are used. Guns play a central role in initiating, sustaining, and elevating the epidemic of youth violence. The demand for guns among youth was fueled by an "ecology of danger," comprising street gangs, expanding drug markets with high intrinsic levels of violence, high rates of adult violence and fatalities, and cultural styles of gun possession …

A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach

Fordham Urban Law Journal

This article that declaring a "war" on drugs was bad policy. It argues that the bad effects of the laws against drugs outweigh its benefits and argues for a new approach to legislation on drug use.

Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan

Fordham Urban Law Journal

This article begins by tracing the historical development of victim impact evidence through Supreme Court jurisprudence and state legislation and analyzes their use in the sentencing of phase capital punishment trials. It argues that the Supreme Court's decision in Payne V Tennessee allowing a jury to consider victim impact evidence in capital punishment sentencing is troublesome in light of a capital punishment defendant's constitutional rights, the history of the death penalty and traditional sentencing procedures. It concludes with a proposal for guidelines to regulates the use of such evidence in capital punishment sentencing,

Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion

Fordham Urban Law Journal

A panel composed of Honorable John F. Keenan, Michael Armstrong, Otto Obermaier, Honorable Michael Schattman, and Stephan Kline discuss whether the vacancy rate in the judiciary threatens erosion of the quality of justice. The panelists discuss whether the problem involves the White House's inability to work with the Senate Judiciary Committee, people of different persuasions, to move judicial candidates along. They also discuss how our system is dependent upon people who are older (senior judges), who are retired, who are entitled to move on, having to fill the vacancies. The panel discussion was followed by a short ceremony to unveil …

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman

Articles

The law and economics movement has had a major impact on many areas of law, but rather little on the law of evidence. This is not to say that there have been no attempts to analyze evidentiary issues through an economic lens,' but such efforts are far more scattered in evidence than in other legal fields, including the closely related one of civil procedure.2 Believing that economics has value for evidentiary analysis, I suggested to the Executive Committee and Advisory Board of the Evidence Section of the Association of American Law Schools ("AALS"), when I was chairman of the section, …

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …

Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde

Faculty Articles

Our secular society cycles as to whether it glorifies defense attor­neys or prosecutors. Sometimes, we adore defense attorneys­ -- they are the lawyers who ensure that innocents are not punished, "L.A. Law" is the show to watch, and the attorneys to imitate. Other times, we revere prosecutors -- they are the lawyers who punish evil­doers, "Law and Order" is the show to watch, and the attorneys to imitate. Jewish tradition recognizes the inherent ethical difficulties with the conduct of both types of attorneys.

Jewish law recognizes that the societal imposition of the criminal justice system on citizens, who otherwise function …

A Lawyer's Guide: How To Avoid Pitfalls When Dealing With Alien Clients, Kelly Kaiser

Kentucky Law Journal

No abstract provided.

Morally And Legally: A Parent's Duty To Prevent The Abuse Of A Child As Defined By Lane V. Commonwealth, Rachel S. Zahniser

Kentucky Law Journal

No abstract provided.

Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies

Faculty Scholarship

In recent years, crime and public housing have been closely linked in our political and popular cultures. Tragic episodes of violence have reinforced the notion that public housing is a milieu with rates of victimization and offending far greater than other locales. However, these recent developments belie the complex social and political evolution of public housing from its origins in the 1930s, through urban renewal, and into the present.

Stereotypes abound about public housing, its management, residents, and crime rates. In reality, variation is the norm, and it is these variations that affect crime. The study of crime in public …

Valorizing The Subjunctive: The Unfortunate Judicial Contribution Of R. V. Carosella, Jim Smith, Richard Haigh

Articles & Book Chapters

Nick Carosella owes his freedom from conviction on gross indecency charges not to a single judge or jury, but to two entities whom he has never met. These two-the Supreme Court of Canada and the Windsor Sexual Assault Crisis Centre-have transformed a handful of written notes into an ambiguous extension of the concept of relevance. The latter organization, by destroying the complainant's counselling records, forced the former to revisit, via the Charter, 1 the relevance of such records. At the end of the day, the fates of Carosella and his alleged victim seem almost incidental to the Court's latest installment …

The Relationship Between Treatment Programs And Recidivism With African American Delinquents Under The Age Of 14, Sonya D. Gray

Dissertations

Problem statement. African American youth are over-represented in the juvenile justice system, which fails to meet their needs. Research is necessary, therefore, to discover treatment alternatives that effectively address these delinquents' needs.

Methodology. This study examined the relationship between treatments and recidivism of 100 African American male delinquents under the age of 14. Recidivism was defined as any arrest, within a 3-year period, for either criminal or misdemeanor offenses, subsequent to the court's referral for the treatment programs named in the study. Only delinquents who were adjudicated for the first time in 1991 through 1994 were included in …

In Defense Of Private Orderings: Comments On Julie Cohen's "Copyright And The Jurisprudence Of Self-Help", David D. Friedman

Faculty Publications

No abstract provided.

The Fattest Crocodile: Why Elected Judges Can't Ignore Public Opinion, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Establishment Of The Permanent International Criminal Court: An International Symposium, Beth Van Schaack

Faculty Publications

This Article presents the results of an international conference held in 1998 between academics, government officials, and legal practitioners from the People's Republic of China (PRC) and representatives from the International Tribunal for the former Yugoslavia, the International Tribunal for Rwanda, and the International Committee of the Red Cross on the establishment of the permanent International Criminal Court (ICC). Attendees discussed and debated the most contentious of the unresolved issues surrounding the ICC, including its proposed subject matter, trigger mechanisms, structure, and the relationship between the ICC and the Security Council and domestic legal systems. The Article - drafted by …

Correlation Of Emergency Department Nurses' Beliefs About Wife Abuse And The Use Of Carative Factors In Transpersonal Interactions With Abused Wives, Judith A. Baker

Masters Theses

Emergency department nurses from seven general hospitals were surveyed to elicit information on their beliefs about wife abuse (using the Inventory of Beliefs about Wife-Beating) and their self-reported behaviors with clients who may be physically abused. They were asked about beliefs about institutional and peer attitudes toward caring for abused wives. Information on the nurses’ education about and experience with wife abuse was gathered. Data were summarized to provide descriptive statistics regarding beliefs and behaviors. High levels of caring behaviors were reported. Analysis of correlation between beliefs and behaviors was conducted. Significant findings were correlations between caring behaviors and the …

Vol. 26, No. 4: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Court Upholds A State Law Prohibiting Physician-Assisted Suicide, Brett Feinberg

Journal of Criminal Law and Criminology

No abstract provided.

Federal False Statement Prosecutions: The Absurd Becomes Material, Bradford R. Hise

Journal of Criminal Law and Criminology

No abstract provided.

Legislating Through The Use Of Commentary: The Sentencing Commission's Interpretation Of 994(H) Of The Sentencing Reform Act, Jeffrey H. Knox

Journal of Criminal Law and Criminology

No abstract provided.

Mental Illness: A Sexually Violent Predator Is Punished Twice For One Crime, Eli M. Rollman

Journal of Criminal Law and Criminology

No abstract provided.

Physician-Assisted Suicide And Voluntary Euthanasia: Some Relevant Differences, John Deigh

Journal of Criminal Law and Criminology

No abstract provided.

An Inquiry Into The Right Of Criminal Juries To Determine The Law In Colonial America, Stanton D. Krauss

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Alcohol And Homicide In The United States 1934-1995--Or One Reason Why U.S. Rates Of Violence May Be Going Down, Robert Nash Parker, Randi S. Cartmill

Journal of Criminal Law and Criminology

No abstract provided.