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Little Hoover Commission, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

Law School Announcements 2000-2001, Law School Announcements Editors

Announcements

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Is Lowering The Age At Which Juveniles Can Be Transferred To Adult Criminal Court The Answer To Juvenile Crime? A State-By-State Assessment

San Diego Law Review

The trend toward "get tough" policies concerning juveniles has swept through just about every state in the nation, affecting younger and younger minors. In Texas in 1997, not long after a tougher law was passed, a fourteen-year-old girl accused of murder became the youngest juvenile ever to stand trial as an adult in Tarrant County. Texas lowered the age from fifteen to fourteen in a 1995 revision of the state's juvenile justice code. In Michigan, an eleven-year-old boy, Nathaniel Abraham, became one of the youngest persons in the United States to be tried for murder as an adult; he allegedly …

A Primer On The Civil Trial Of A Sexually Violent Predator, Joan Comparet Cassani

San Diego Law Review

Involuntary commitment' for sexually violent predators became the law in California in 1996. This law, the Sexually Violent Predator Act, provides for a civil jury trial.! This trial is unique, since some of the procedural protections afforded a criminal defendant apply. For example, a unanimous jury must find, beyond a reasonable doubt, that the individual is a sexually violent predator.

The Act provides for the treatment of the individual if committed, and carefully crafts the procedures for the mental health evaluation and review process. Unfortunately, the part of the statute that provides for the civil trial is not as tightly …

Studies Of Grief: Narratives Of Incarcerated Women Who Experienced The Death Of A Significant Person While In Prison, Ginette Gosselin Ferszt

Open Access Dissertations

One of the most important issues that an individual confronts during one's life is the death of a significant person. Given the contextual nature of grief, incarcerated women are faced with unique challenges when the death of a person occurs during their imprisonment. Yet, little is known about grief experiences under these circumstances.

The research questions guiding this qualitative study were: What are the meanings of the grief experience of incarcerated women? How does their grieving process compare with images of grief depicted as a normal process? To what extent do the women perceive incarceration influencing their grief? In-depth interviews …

Stalking: Developing An Empirical Typology To Classify Stalkers., Kevin Scott Del Ben

Graduate Theses, Dissertations, and Problem Reports (ETD)

Stalking has received a great deal of attention from the media and its harmful effects on victims have been well documented. Stalking is also more common than previously thought, leading researchers to classify stalkers into groups in an attempt to predict future behavior. Previous research has grouped stalkers based on theoretical models rather than trying to empirically examine stalking behaviors along with other factors such as motivation, type of relationship, and attachment style in determining a typology of stalkers. Female college students (N = 108) who had experienced harassing behaviors responded to questions regarding their perceptions of those behaviors. First …

Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.

John Rutland Himes: The Man, The Judge, Morison Buck

Morison Buck Biographies of Hillsborough County Judges

A biography of Judge John Himes who served on the Hillsborough County Criminal Court of Record.

A Pedagogy Of Compassion And Hope, Michael P. Roche

South Dakota Law Review

No abstract provided.

Cumulative Topic Index - Volumes 31-45, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Telemedicine Application At The University Of Rochester Medical Center Strong Memorial Hospital In Conjunction With The New York State Department Of Corrections, Jeannine Christensen

Theses

Telemedicine has been around for several years and it is inevitable that this technology will shape the current healthcare environment. Doctors are often faced with the challenges of the laws of time and distance. With the presence of telemedicine, the idea of having access to a physician at any given time becomes a reality. This paper will present an exciting concept of telemedicine for today and tomorrow with an emphasis on the advancement of health care delivery systems. This thesis will also attempt to present the cost saving factors that telemedicine can provide not only to patient care but also …

The Overproduction Of Death, James S. Liebman

Faculty Scholarship

In this Article, Professor Liebman concludes that trial actors have strong incentives to – and do – overproduce death sentences, condemning to death men and women who, under state substantive law, do not deserve that penalty. Because trial-level procedural rights do not weaken these incentives or constrain the overproduction that results, it falls to post-trial procedural review – which is ill-suited to the task and fails to feed back needed information to the trial level – to identify the many substantive mistakes made at capital trials. This system is difficult to reform because it benefits both pro-death penalty trial actors …

Clients Don't Take Sabbaticals: The Indispensable In-House Clinic And The Teaching Of Empathy, Philip Genty

Faculty Scholarship

After almost 12 years in law teaching, I approached my first sabbatical with a single goal: to free myself from cases. At that time my clinic clients were primarily parents who were involved in family court proceedings in which they were trying to preserve their parental rights and get their children out of the foster care system. Such cases are emotionally draining for both the client and the lawyer. Thus, while I welcomed the chance to have a semester off from teaching and attending faculty and committee meetings, I felt that I needed a break from the demands of lawyering …

After The "Social Meaning Turn": Implications For Research Design And Methods Of Proof In Contemporary Criminal Law Policy Analysis, Bernard E. Harcourt

Faculty Scholarship

The social norm movement in criminal justice has received a lot of attention in academic and public policy circles. This essay critically examines social norm writings and explores some of the implications for methods of proof and research design in the social sciences. In the process, the essay offers an alternative theoretical approach. This alternative focuses on the multiple ways in which the social meaning of practices (such as juvenile gun possession, gang membership, or disorderly conduct) and the social meaning of policing techniques (such as juvenile snitching policies, youth curfews, or order-maintenance policing) may shape us as contemporary subjects …

Herbert Wechsler And The Criminal Law: A Brief Tribute, Harold Edgar

Faculty Scholarship

The great English architect Christopher Wren is buried in his most famous church, St. Paul's London. The inscription on his memorial stone concludes with the words: Lector, si monumentum requiris, circumspice. Reader, if you seek his monument, look around you.

That instruction serves well those who would appraise and honor Herbert Wechsler's contributions to American criminal law. When he joined the Columbia Law School faculty in 1933, this school did not teach criminal law and much of the profession thought the topic was not worth studying.' What fabulous good fortune it was that Herb thought otherwise. Throughout a long and …

Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott

Faculty Scholarship

Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.

The law tends to reflect – and perhaps contributes to – …

Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt

Faculty Scholarship

The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …

Capital Attrition: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffery Fagan, Valerie West, Jonathan Lloyd

Faculty Scholarship

Americans seem to be of two minds about the death penalty. In the last several years, the overall number of executions has risen steeply, reaching a fifty year high this year. Although two-thirds of the public support the penalty, this figure represents a sharp decline from the four-fifths of the population that endorsed the death penalty only six years ago, leaving support for capital punishment at a twenty year low. When life without parole is offered as an alternative, support for the penalty drops even more – often below a majority. Grants of executive clemency reached a twenty year high …

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies

Faculty Scholarship

Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggest that neighborhoods with greater concentration of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, although disorder theory informs quality of life policing strategies, patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels, and extent of social disorganization are stronger predictors of race- and crime-specific stops. Accordingly, neighborhood "street stop" activity reflects competing assumptions and meanings of policing strategy. Furthermore, looking …

Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel

Faculty Scholarship

Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …

A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West

Faculty Scholarship

There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.

Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …

Pretrial Release In Virginia: Investigating The Influence Of Defendant Characteristics And Community Type On Pretrial Outcome, Marie L. Vannostrand

Theses and Dissertations in Urban Services - Urban Management

This study identified defendant characteristics that are related to pretrial outcome (success or failure pending trial) in Virginia. The study also investigated the potential differences in predictors across community types (Large Urban, Small Urban, Mixed, and Rural). Identification of factors that are predictors of outcome, as well as any differences across community types, can assist judicial officers in making the bail decision. The bail decision, to release or incarcerate a defendant pending trial, is a monumental one. Judicial officers must attempt to fairly and equitably balance the rights and needs of the defendant with those of the public at large. …

The Construction Of A Diasporic Tradition: Indo-Caribbean "Local Classical Music", Peter L. Manuel

Publications and Research

A historical and stylistic survey of Indo-Caribbean local-classical music, an idiosyncratic form of North Indian song created by indentured immigrants and their descendants, primarily in Trinidad and Guyana.

Illinois State Scholar, Vol. 10 (2000), Office Of The Provost, Illinois State University

Redbird Scholar

No abstract provided.

An Analysis Of The Rhetoric Of Wilme Mankiller, Lynda D. Peters

Open Access Master's Theses

This thesis examines the rhetoric of Wilma Mankiller, first woman elected Principal Chief of the Cherokee Nation. Although some research has addressed Native American oratory, this study is the first to this writer’s knowledge, that critically evaluates the public discourse of Mankiller. This analysis reveals a distinct relationship in the characteristics of the rhetoric of Wilma Mankiller that are inherent in the unique cultural heritage of Native American oratory.

A study of Native American oratory in general, a study of Cherokee oratory, and a study of the rhetoric of Wilma Mankiller were conducted. This analysis employed the neo-Aristotelian approach in …

Illinois State: For Alumni Of Illinois State University, Winter 2000-2001, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In this symposium,the editors of the Fordhiam Law Review present an important collection of articles on ethics,truth, and justice in criminal litigation. All of these Articles explore what the applicable standards of professional conduct mean and should mean as applied to prosecutors and defense attorneys. Although the authors participating in this symposium previously presented the substance of their Articles in a series of panel discussions-one on prosecutorial ethics and another on criminal defense ethics-which took place at the Association of American Law Schools Annual Meeting in January 2000, these Articles represent more detailed versions of their presentations.

Center For The Advancement Of Teaching Annual Report, 1999-2000, Illinois State University, Center For The Advancement Of Teaching

Annual Reports - Center for Integrated Professional Development

Annual report of the Center for the Advancement of Teaching at Illinois State University

State Constitutionalism And The Domain Of Normative Theory, Daniel B. Rodriguez

San Diego Law Review

Positive constitutionalism means not only describing but also theorizing about elemental questions of constitutional structure and theory. Key positive questions include: Why do certain constitutional forms emerge and survive? What is the role of political choice, by legislators and by citizen voters, in constructing constitutions and constitutional discourse? What is the relationship between constitutionalism and constitutional law? By normative constitutional theory, I mean the critical evaluation of constitutions. The key normative question is: What ought a particular constitution say? Those of us interested in both positive constitutionalism and normative constitutional theory would like to think that we are bringing together …

Retribution In Criminal Theory, Douglas N. Husak

San Diego Law Review

I will focus on three separate but intimately related dimensions of what I have identified as Moore's central theme. In Part H, I examine his views

about the data from which a theory of the criminal law is to be constructed. In Part I, I discuss his account of the rationale of punishment. In Part IV, I scrutinize his defense of legal moralism as a theory of legislative aim. I express general misgivings about the extraordinarily central place Moore affords retribution in his account of the criminal law as it exists today. I want to stress at the outset, however, …