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Subject Index

North Dakota Law Review

No abstract provided.

The Next Stage Of Forfeiture Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In passing the Civil Asset Forfeiture Reform Act of 2000, Congress instituted some badly needed reforms to a system that had spawned a good deal of governmental abuse, media investigation, and popular outrage. Unfortunately, however, CAFRA does not address the aspect of asset forfeiture law that is perhaps most responsible for fueling overzealous, sometimes lawless use of the forfeiture power: federal forfeiture law continues to authorize law enforcement agencies to retain the drug-related assets they seize for their own use, and many state laws do as well. With facilities, cruisers, computer and other equipment, salaries and positions sometimes dependent on …

Perceptions Of Family Environment, Problem -Solving Appraisal And Impact Of Parental Alcoholism Among Adult Children Of Alcoholics, Wayne Allen Hume Jr.

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to examine intragroup differences within the ACOA population. Specifically, the contructs of family environment and problem-solving appraisal were utilized to predict the impact of parental alcoholism on self-selected ACOAs. The sample of ACOAs utilized for this study was recruited from undergraduatePsychology courses at a state university in the Pacific Northwest. Two hundred and seventy-five participants completed questionnaires; however, only 105 individuals met inclusion criteria and were included in the analysis. The following null hypothesis was tested by a stepwise canonical discriminant analysis: No subset of perceived family environment variables (cohesion, expressiveness, conflict, organization, and …

Juror Comprehension And Complexity: Strategies To Enhance Understanding, Mark Findlay

Research Collection Yong Pung How School Of Law

Recent law reform debate proposes the complexity of trials as generally reducing juror comprehension. This in turn is said to impact on the accuracy of the verdict. The empirical studies of three very different jury systems examined in detail in the paper challenge these assumptions against problematic measures of complexity. Critics of the jury, particularly in commercial fraud trials, often take the issue of trial complexity as a given. The studies demonstrate that features of the trial which trouble jurors in terms of concentration, comprehension and decision making are consistent, while often specific to the trial and interrelated. The paper …

Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay

Research Collection Yong Pung How School Of Law

Critical to analysing the recent synthesis of criminal trialprocedures is an understanding of the internationalisation of criminal law andprocedure. As well as the creation of international tribunals to investigateand try crimes of world significance, there is emerging an internationaljurisprudence on criminal law (and procedural hybrids to support and developthis) which require integrated analysis.

Biases Toward Defendants In Joint Criminal Trials, Catherine J. Korda

Theses: Doctorates and Masters

Under the Criminal Code Compilation Act 1913 (WA), any number of individuals may be joined as co-defendants in a single trial, fanning a situation known as a joint trial. The charge/s against each defendant are considered separately and given a separate verdict by the jury. There is considerable debate in the legal arena as to the utility of joint trials, although to date little empirical research exists to substantiate any of the claims made. The present study aimed to contribute to the sparse knowledge base on joint trials by examining the impact of evidence strength on juror decision making in …

Principles In Public Reasoning About Criminal Justice : Victim Vulnerability, Trust, And Offender Status, Dianne R. Mckillop

Theses: Doctorates and Masters

It is popularly assumed that the public is highly punitive toward criminal offenders and that its reasoning about criminal offences is emotionally and morally based. This assumption has been challenged by social scientists who cite influences of news media and methodological flaws in empirical studies as contributing causes. Public sentiment is a basis for law and the increasing responsiveness of legislator to what is perceived to be public opinion on crime means that accurate information on enduring principles in the public's intuitive reasoning about criminal justice is vital. An initial exploratory study (N = 34) presented members of the public …

Sentencing Decisions : The Public View Of The Effects Of Consequences Of Crime, Offender Remorse And Type Of Crime, Jodie S. Wright

Theses: Doctorates and Masters

The Australian justice system is based in a conventional model of justice with the aim of uniformity in sentencing. It is important to ascertain public opinion on the relevance of different factors to be taken into account at sentencing as accurately as possible, in order to provide informed public opinion which may assist policy makers in making legislation or educating the public on these matters. The current study examined the impact of varying levels of victim harm (high or low) and offender remorse (high or low) for both person and property crimes on sentencing decisions made by both male (n …

Specific Crime Vs. Criminal Ways: Criminal Conduct And Responsibility In Rule 3e1.1, Matthew Richardson

Vanderbilt Law Review

The United States Sentencing Commission ("Sentencing Commission") drafted Rule 3E1.1 with an inherent ambiguity, one that concerns both the Rule's purpose and design. Rule 3E1.1 allows for a reduction in sentence if a criminal "accepts responsibility" for his offense.' As result of the Rule's ambiguous language, prior tensions in interpretation of its meaning have spilled over into the current debate over sentence reductions.

The inherent ambiguity results from the Rule's genesis. The Sentencing Commission enacted the Rule with the purpose of increasing predictability in sentencing by reducing judicial discretion. Before the enactment of the Rule, mitigating and aggravating circumstances allowed …

Table Of Leading Comments-Authors Prior Issue Index To Volumes 1990-2000

Journal of Dispute Resolution

No abstract provided.

Testing Poor Pregnant Women For Cocaine: Physicians As Police Investigators, George J. Annas

Faculty Scholarship

In 1989, Supreme Court Justice Thurgood Marshall surmised that “declaring a war on illegal drugs is good public policy . . . [but] the first, and worst, casualty of war will be the precious liberties of our citizens.” The same year, in the midst of President George Bush's “war on drugs,” the Medical University of South Carolina initiated a program to screen selected pregnant patients for cocaine and to provide positive test results to the police. At a time of high public concern about “cocaine babies,” this program seemed reasonable to the university and local public officials. Drug-screening programs in …

Rape, Murder, And Formalism: What Happens If We Define Mistake Of Law?, Gerald F. Leonard

Faculty Scholarship

The criminal law maxim "ignorance of the law is no excuse" represents a broad doctrine of strict liability in an area of law that usually insists on a culpable state of mind as a prerequisite for liability. For that reason, many scholars have attacked the harsh mistake-of-law rules as incompatible with basic principles of culpability. Other scholars have come to the defense of the maxim, and courts have adhered to it quite strongly even as the list of exceptions to the maxim has slowly grown. Oddly enough, however, this debate has proceeded without a definition of mistake of law. Distinguishing …

Congressional Power To Require Dna Testing, Larry Yackle

Faculty Scholarship

Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.

The Prudent Prosecutor, Leslie C. Griffin

Scholarly Works

No abstract provided.

Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Extinguishing Inheritance Rights: California Breaks New Ground In The Fight Against Elder Abuse But Fails To Build An Effective Foundation, Kymberleigh N. Korpus

UC Law Journal

This Note examines the elder abuse problem in the United States by describing: state responses to its "discovery" in the late 1970s as well as the debilitating reliance upon reporting; the currently available remedies and the hurdles to using those remedies; the ethical challenges to the states' primary abuse prevention tools, and the dramatic explosion in elder abuse that is already underway. Then, this Note describes American descent doctrines, and philosophies underlying exceptions to the doctrinal testamentary freedom and value-neutrality of intestate succession statutes. It proposes the Chinese behavior-based model of inheritance as an alternative inheritance scheme that, with its …

Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher

Articles by Maurer Faculty

No abstract provided.

Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman

Faculty Publications

No abstract provided.

A Space For Co-Constructing Counter Stories Under Surveillance, María Elena Torre, Michelle Fine, Kathy Boudin, Iris Bowen, Judith Clark, Donna Hylton, Migdalia Martinez, 'Missy', Rosemarie A. Roberts, Pamela Smart, Debora Upegui

Publications and Research

Using our experiences as members of a participatory action research committee (from the City University of New York Graduate Center and the Bedford Hills Correctional Facility) documenting the impact of college in a maximum security prison, this essay illustrates the power of Participatory Action Research in the construction of counter stories. We raise for discussion a set of theoretical, methodological and ethical challenges that emerged from the co-production of counter stories under surveillance: the creation of a critical space for producing 'counter knowledge'; the co-mingling of counter and dominant discourses, the negotiation of power over and within research in prison, …

Comment, Crafting The International Criminal Court Trials And Tribulations In Article 98(2), Chimene Keitner

Faculty Scholarship

No abstract provided.

Putting The Mentally Retarded Criminal Defendant To Death: Charting The Development Of A National Consensus To Exempt The Mentally Retarded From The Death Penalty, Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn

UC Law Journal

In the past two decades, researchers have amassed an impressive body of empirical data demonstrating the deleterious impact of exposure to interparental violence on children. Policymakers are now confronted with the question of how society can best prevent children's exposure to domestic violence and assist those children already exposed. A range of policy initiatives aimed at promoting the well-being of exposed children have emerged in the last several years. Whereas some statutory trends have been lauded by a broad range of constituencies, others have engendered substantial controversy. There is particularly vociferous debate about statutes that bring children exposed to domestic …

Lying, Misleading, And Falsely Denying: How Moral Concepts Inform The Law Of Perjury, Fraud, And False Statements, Stuart P. Green

UC Law Journal

This Article seeks to describe the relationship between the criminal law and various concepts of deception. Deception is defined as the communication of a message that is intended to cause a person to believe something untrue. Three different kinds of deception are identified: (1) lying (deception that involves an assertion and is literally false); (2) non-lying deception, or mere "misleading" (deception that requires neither an assertion nor literal falsity); and (3) falsely denying (deception that occurs in the context of a person's denying some accusation of alleged wrongdoing). This Article argues that, other things being equal, non-lying deception tends to …

Book Review. Ordinary Resurrections: Children In The Years Of Hope By Jonathan Kozol, Michael Jenuwine, Jane E. Barden

Articles by Maurer Faculty

No abstract provided.

Development Of A Diagnostic Assessment System To Improve The Motn Ation Of Admitted Students To Matriculate Into The Nursing Program At D’Youville College, Francis R. Dunphy

Abraham S. Fischler College of Education ETD Archive

Forensic Science Associates (FSA) is a Virginia law enforcement training school. The problem is that FSA wishes to expand! the scope of its operation and! sees opportunities in training international police. Currently it does not have a program for such training. The purpose of this project was to develop a plan to offer courses designed to be attractive, useful, and contemporary, to train international police educators at FSA.

There were four research questions for this project First, "What are the training needs of international law enforcement agencies that FSA could provide for effectively?" Second, "What are the appropriate elements to …

Development Of A Drug And Alcoholisn Distance Learning Training Project Proposal For Probation Officers With An Implementation And Evaluation Plan, Sam Pirozzi

Abraham S. Fischler College of Education ETD Archive

The purpose of this project was to provide a training alternative to assist in the drug and alcohol training program for probation officers. The product developed replicates the Biopsychosocial Model of Addiction Treatment and Behavioral Healthcare: A Linkage with the Criminal Justice System (BMAT) two-day workshop curriculum as an independent learning model.

There were seven research questions for this project. First, "What are the various methods of delivering instruction at a distance?" Second, "What are appropriate criteria for selecting a distance learning method for this project?" Third, "Which method identified best suits the criteria for curriculum delivery for probation officer …

Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman

All Faculty Scholarship

This chapter assesses criminal law and enforcement in Russia. It addresses the history of the Russian criminal justice system and its reform, as well as Russia’s criminal procedure and substantive criminal law.