Digital Commons Network^™

Reconciling Loss Aversion And Guilty Pleas, Richard Birke

Utah Law Review

In the context of criminal law, a criminal defendant may choose to waive the right to trial because the defendant does not value objectively and appropriately the worth of a trial relative to the worth of a plea, or because the defendant lacks information to make an informed valuation. Until and unless a researcher's privilege comes to exist, one will have to speculate about why defendants are making bad choices, and accordingly, about the right way to fix the problem.

The Third Model Of Criminal Process: The Victim Participation Model, Douglas Evan Beloof

Utah Law Review

It is time to face the fact that the law now acknowledges the importance of victim participation in the criminal process. Thirty-one states have chiseled victims' rights into their respective constitutions. The federal government and the rest of the states have enacted numerous statutory rights for victims? An amendment to the United States Constitution providing civil rights for crime victims has been proposed& and is the topic of authors in this symposium. There are those who resist acknowledging the existence, genuine nature, and significance of victim participation laws. The state of denial that accompanies such resistance has stood in the …

Victim Standing, Susan Bandes

Utah Law Review

The most cynical conclusion regarding the judicial role in protecting victims' interests is that, for standing purposes, the only collective interest cognizable is the government's own definition of its own interests, which it buttresses when necessary by claiming to represent victims or society as a whole. There are less cynical conclusions as well. Federalism, separation of powers, and prosecutorial discretion all play important and legitimate roles, when properly defined and limited. We can debate what those limits ought to be. For the purposes of this conference, however, the question is not so much the judicial role, or even the prosecutorial …

The Crime Victims' Rights Amendment And Two Good And Perfect Things, Steven J. Twist

Utah Law Review

After years of struggle, we now know that the only way to make respect for the rights of crime victims "incorporated with the national sentiment" is to make these rights a part of the sovereign instrument of the whole people, the Constitution. The movement for constitutional rights for crime victims, properly understood, constitutes neither an attack on the rights of defendants, nor on the power of public prosecutors, but rather is a movement to save these two good and perfect things in the American justice system by tempering their excessive virtue with true balance. Indeed, this Amendment just might save …

The Unnecessary Victims' Rights Amendment, Robert P. Mosteller

Utah Law Review

The principal purpose of this essay is to examine the major justifications advanced by supporters of the proposed Victims' Rights Amendment (the "Amendment") that they contend require victims' rights to be protected through the unique form of a constitutional amendment. I begin with what should be an uncontroversial proposition: proponents of an amendment to the United States Constitution bear a heavy burden of persuasion and must be able to justify enactment of the amendment on substantive grounds. I conclude that the Amendment is unnecessary, and therefore its proponents simply have not made their case.

Reply To Paul Cassell: What We Know About Victim Impact Statements, Susan Bandes

Utah Law Review

Cassell fails to offer empirical evidence that victim impact statements increase victim satisfaction with the criminal process. More important, he fails to address (and indeed conflates) the difficult issues raised by the separate question of whether the criminal sentencing hearing can or should be a forum for the healing of the friends and relatives of homicide victims.

Barbarians At The Gates? A Reply To The Critics Of The Victims' Rights Amendment, Paul G. Cassell

Utah Law Review

Until we have further analysis of the data, lack of firm proof that Payne increased the number of death penalty convictions should count heavily against Professor Bandes and others who argue against admitting victim impact statements because of their effects on juries.31 9 Allowing surviving family members to make impact statements clearly improves the perceived fairness of the process32° and we have no proof that juries have been influenced, let alone unfairly influenced.

Alumni Quarterly - Issue No. 69, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• 7^th Annual Coffin Lecture

• Record Braking Road Race

• Student Achievements

Alumni Quarterly - Issue No. 72, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• 8^th Annual Coffin Lecturer Justice Ruth Bader Ginsburg

• Professor Alison Rieser Named Pew Fellow

• Professor Deborah L. Rhode to Speak at the Law School

• Godfrey Visiting Professor Laura Underkuffler

• A Look at the Class of 2002

Phonemic Awareness : An Action Research Study, Pamela Miller

Graduate Research Papers

This study addresses the issue of phonemic awareness instruction and its effects on reading. Benefits of reading programs that encompass phonemic awareness training and problems with approaches that do not encompass phonemic awareness were discussed as well as benefits and problems associated with both direct phonemic awareness instruction and indirect phonemic awareness instruction. An action research study using Scholastic Phonemic Awareness Kit was conducted and conclusions were drawn from the study and from the literature. Recommendations were made for future phonemic awareness training.

School Violence And Its Implications For Gifted Children, Nancy Schuldt

Graduate Research Papers

The purpose of this article is to review the research of school violence, the emotional needs of gifted and talented students, and the implications of school violence for gifted students. The violence which has occurred during the past two years in the United States, not only in the high schools but also the middle and elementary schools, has been widely publicized in current periodicals, television, radio and newspapers.

The questions I have addressed in this article include: What is violence? What is school violence? What does research say about the emotional needs of gifted students? What are the implications of …

The Substantive Elements In The New Special Pleading Laws, Jeffrey A. Parness, Amy Leonetti, Austin Bartlett

Faculty Articles, Papers, and Other Scholarship

Recently there have emerged new special pleading standards applicable to discrete substantive law claims or to certain remedial requests. These norms often raise troubling procedure/substance questions in separation of powers and choice of law settings. The questions are especially difficult where the standards are hard to locate; to distinguish from nonpleading laws; and to differentiate by rationale(s). In the separation of powers setting, these questions must be approached only after undertaking a distinct and detailed analysis of each relevant government's allocation of lawmaking duties. American governments differ significantly in these allocations. In the choice of law setting, these questions can …

Legal Forms, Family Forms, Gender Norms: What Is A Spouse?, Shelley A. M. Gavigan

Articles & Book Chapters

The limits of the normative nature of law may be illustrated in the current English Canadian context by apparently contradictory phenomena: Legal defeats of welfare mothers (e.g. Masse and Falkiner), and the legal victories of lesbian mothers (Re K). Drawing upon Fine, this paper employs the analytic frame of form and content to analyse contradictions within the legal form, notably in respect of the definition of spouse and the regulation of relations of property and poverty, and the struggles of lesbian parents who have applied to the courts to formalize their relationships to their children by way of adoption, and …

Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner

Animal Law Review

Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. …

Airing The Dirty Laundry: The Application Of The United States Sentencing Guidelines To White Collar Money Laundering Offenses, Jonathan H. Hecht

American University Law Review

No abstract provided.

Revisiting Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Doctoral Programs In Clinical Psychology Policies And Procedures 1999-2000, Nova Southeastern University

College of Psychological Services / College of Psychology Postgraduate Student and Course Catalogs

No abstract provided.

Juvenile Law, Florence B. Burstein

Denver Law Review

No abstract provided.

Mcdade Amendment: Moving Towards A Meaningful Limitation On Wrongful Prosecutorial Contact With Represented Parties, Nina Marino, Richard Kaplan

Richmond Public Interest Law Review

In Part I, this article will examine the anti-contact rule, its history, goals, and the path it has taken in the context of prosecutorial contact with represented parties. Part II will discuss the McDade Amendment, its genesis and purpose. Part III will discuss the struggle undertaken by the Department of Justice [hereinafter "DOJ"] as it seeks to exempt its lawyers from the anti-contact rule. Finally, Part IV looks at arguments for and against prosecutorial exemption from the anti-contact rule.

The U.S. Sentencing Guidelines: A Surprising Success?, James Gibson

Law Faculty Publications

The author discusses whether the U.S. Sentencing Guidelines represent an advance in our nation's approach to criminal law or a step backward-a "dismal failure," as Judge Cabranes so bluntly asserted a few years ago. The authors goal is to convince you that the guidelines are in fact a surprising success, indeed that they represent a step forward in federal criminal justice.

Admissions Brochure 1999-2000, William & Mary Law School

Admissions Brochures

No abstract provided.

Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin

Dianne Pothier Collection

The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …

Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon

LLM Theses

This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …

The New York Court Of Appeals 1998 Case Compilation: Smith Barney Shearson Inc. V. Sacharow

NYLS Law Review

No abstract provided.

The Juvenile Justice System Of Richmond : Progression Into The Future, Elizabeth Ann Teixeira

Honors Theses

The area of juvenile justice in America is a growing concern among both urban and rural community leaders. According to the Community Collaborative for Youth, the juvenile violent crime rate in Richmond is triple the state average. 1 The juvenile violent crime rate is the percentage of violent crime committed by a person under the age of eighteen. This is merely one aspect of the adversity facing the juvenile justice system in the eyes of the community. As a result of the growing need for information on the subject, a great deal of literature has been published about the risk …

1999 Commencement Program, Seattle University

Commencement Programs

No abstract provided.

Current Resources

Journal of Family Strengths

Reviews of:

• Treating the Tough Adolescent: A Family-Based Step-by-St Guide. (1998) Scott P. Sells. New York: The Guilford Press. Reviewed by John P. Nasuti
• Essential Skills in Family Therapy: From the First Interview to Termination. (1998) JoEllen Patterson, Lee Williams, Claudia Grauf-Grounds, and Larry Chamow. New York: The Guilford Press. Reviewed by Rowena Fong
• Putting Families First America's Family Support Movement and the Challenge of Change. (1994) Sharon L. Kagan and Bernice Weissbound, Editors. San Francisco: Jossey-Bass Publishers. Reviewed by Anthony N. Maluccio The Work-Family Challenge Rethinking Employment. Edited by Susan Lewis and Jeremy Lewis. 1996. Thousand Oaks, California: SAGE …

Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye

Michigan Journal of International Law

The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.

Assessing Self-Efficacy Among Incarcerated Women: Scale Development And Psychemetric Properties, Cheryl Hevey

Open Access Master's Theses

The increasing number of incarcerated women in the United States has created the necessity to better understand the needs of this population, so that successful correctional programs can be implemented. Programs that address these needs and are aimed at increasing relevant skills have been linked with program effectiveness. However, increasing skills alone is not enough. If these women leave prison without the necessary self-efficacy, it is likely that they will not attempt to perform these skills after release. The objective of this research was to develop a self-report questionnaire to measure self-efficacy in this population. The Self-Efficacy for Incarcerated Women …

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.