Utb/Tsc Commencement – Spring 2001, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.

Utpa Commencement – Spring 2001, University Of Texas-Pan American

Edinburg Archives - Legacy Commencement Programs

No abstract provided.

Furman Alumni News, Furman University

Furman Magazine

No abstract provided.

From The International Criminal Tribunal For The Former Yugoslavia To The International Criminal Court, Michele Caianiello, Giulio Illuminati

North Carolina Journal of International Law

No abstract provided.

Common Disorders Of The Appendix And Their Treatment, Roger J. Miner

The Journal of Appellate Practice and Process

In the legal profession, an appendix is an integral part to an appellate brief. An appendix is as important as oral argument or the written brief. This essay examines the function of and rules for preparing an appendix. The discussion then identifies common deficiencies of appendices along with the consequences of the disorders.

A Closer Look At Unpublished Opinions In The United States Courts Of Appeals, Michael Hannon

The Journal of Appellate Practice and Process

Some legal researchers may assume that all cases decided by federal courts are published. However, many United States courts of appeals’ decisions go unpublished. United States courts of appeals’ decisions are important sources of law since they are the court of last resort for most litigants. By making a survey of Westlaw and LEXIS, the author sheds light on some aspects of unpublished opinions.

Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller

The Journal of Appellate Practice and Process

Indigents appealing criminal convictions are entitled to court-appointed counsel. The American Bar Association suggests a standard for providing the required representation. This standard is known as the Idaho Rule.

No-Merit Briefs Undermine The Adversary Process In Criminal Appeals, Randall L. Hodgkinson

The Journal of Appellate Practice and Process

Appellate defense attorneys face a dilemma when faced with an appeal that has no obvious merit. No-merit briefs allow an attorney to forego an appeal when there is no apparent merit. In cases involving direct appeals from conviction, the cost of abandonment of the client far outweighs the benefits.

Criminal Law—Statutes Of Limitation On Sexual Assault Crimes: Has The Availability Of Dna Evidence Rendered Them Obsolete, Amy Dunn

University of Arkansas at Little Rock Law Review

No abstract provided.

The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

On April 12, 2000, Sir David Williams delivered the following lecture at the Indiana School of Law-Bloomington in accordance with The George P. Smith, II, Distinguished Visiting Professorship-Chair of Law and Legal Research endowment. The Chair was established by George P. Smith to broaden students' exposure to scholars and judges of national and international reputation and to allow distinguished visiting scholars the opportunity to do research at Indiana University and share their ideas with the faculty and students of the Indiana University School of Law and Indiana University. George P. Smith, an Indiana native, received his B.S. degree in business, …

Making The Case For Megan's Law: A Study In Legislative Rhetoric, Daniel M. Filler

Indiana Law Journal

No abstract provided.

Book Review: Forms Of Constraint: A History Of Prison Architecture, Gaylene Armstrong

Criminology and Criminal Justice Faculty Publications

Book Review: Forms of Constraint: A History of Prison Architecture

A New Legal Realism For Criminal Procedure, Robert Weisberg

Buffalo Law Review

Book review of Marc L. Miller & Ronald F. Wright's Criminal Procedure: Cases, Statutes, and Executive Materials

Dna Typing: Emerging Or Neglected Issues, Edward J. Imwinkelried, D.H. Kaye

Washington Law Review

DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected. At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …

Chief Justice Joseph R. Weisberger's Page Of History, Bruce I. Kogan, Cheryl L. Robertson

Law Faculty Scholarship

No abstract provided.

Rethinking The Sentencing Regime For Murder, Isabel Grant

Osgoode Hall Law Journal

This article reviews the current sentencing regime for the crime of murder in Canada with a view to identifying its shortcomings and suggesting possibilities for improvement. The article argues that the existing classification of murder into first- and second-degree, and the harsh periods of parole ineligibility attached to a murder conviction should both be abolished. The author argues for a compromise position, which would maintain the important distinction between manslaughter and murder and yet allow sufficient flexibility for trial judges to ensure that sentences for murder, as with other crimes, can be tailored to fit the crime.

Sexual Abuse Against Women In Prison, Brenda V. Smith

Project on Addressing Prison Rape - Articles

One of the by-products of the influx of women into correctional settings has been the emergence of sexual misconduct against women in prison as a major issue for corrections officials and attorneys who represent women. This article advocates for laws criminalizing sexual abuse of women inmates, as well as training to prevent such abuse.

University Reporter - Vol. 05, No. 08 - April 2001, University Of Massachusetts Boston

1996-2009, University Reporter

No abstract provided.

Opening Remarks: Professionalism, Deborah L. Rhode

South Carolina Law Review

No abstract provided.

Straight From The Heart, Volume 2, Number 7, Sacred Heart University

News, Magazines and Reports

No abstract provided.

The Legislative History Of Mandatory Minimum Penalties Of Imprisonment In Canada, Nicole Crutcher

Osgoode Hall Law Journal

No abstract provided.

Appeal From Jury Or Judge Trial: Defendants' Advantage, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

The prevailing "expert" opinion is that jury verdicts are largely immune to appellate revision. Using a database that combines all federal civil trials and appeals decided since 1988, we find that jury trials, as a group, are in fact not so special on appeal. But the data do show that defendants succeed more than plaintiffs on appeal from civil trials, and especially from jury trials. Defendants appealing their losses after trial by jury obtain reversals at a 31% rate, while losing plaintiffs succeed in only 13% of their appeals from jury trials. Both descriptive analyses of the results and more …

Beneath The Black And Blue: The Child Abuse-Delinquency Connection, Heather M. Baltodano

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research is to examine the child abuse-delinquency relationship, as well as mediating variables that may influence that relationship, such as parental attachment, witnessing family violence, and negative life events. Much of the research on this topic utilizes official government statistics and substantiated child abuse cases, which research has shown to be an undercount of the actual incidents of child abuse. This analysis utilizes the data resulting from the 1992 National Youth Victimization Prevention Survey (NYVPS) in which 2000 children between the ages of 10 and 16 were interviewed by telephone. This research examines the impact of …

An Evaluation Of Washington State's First-Time Offender Waiver (Ftow), Marianne Galgon

Sociology & Criminal Justice Theses & Dissertations

Considering the current staggering number of people under various forms of government supervision, reducing recidivism is a serious concern of the criminal justice system. A possible solution to this problem may lie in intensive supervision programs (ISPs) that were implemented in every state by 1990. This thesis evaluates Washington State's First-Time Offender Waiver (FTOW) to determine whether it is a viable alternative to prison for eligible nonviolent offenders. Specifically, I want to know: (1) Is there is a bias in who is sentenced with FTOW based on demographic variables? (2) Do FTOW recipients recidivate more or less compared to eligible …

A History Of Public Radio In An Urban Community: Its Impact Upon Education, Culture, Public Opinion And Policy, Barry K. Graham

Theses and Dissertations in Urban Services - Urban Education

In a relatively short history, Public Radio in Hampton Roads has emerged as a most important cultural and educational asset to the urban community. The dynamic growth of the Hampton Roads urban infrastructure is the result of several political, economic, and cultural factors. Public Radio has been one of these factors and has served as a catalyst for change and growth in the community. This case study focuses upon Public Radio stations WHRO-FM and WHRV-FM and the elements which brought about their historical development.

The study presents a history of events that marked the beginning of Public Radio in Hampton …

Plan Colombia: The Strategic And Operational Imperatives, Gabriel Marcella Dr.

Books, Monographs & Collaborative Studies

The United States is committed to helping Colombia fight its struggle against the violence and corruption engendered by the traffic in narcotics. This report examines the strategic theory within Plan Colombia, the master plan which the government of Colombia developed to strengthen democracy through peace, security, and economic development. The author argues that the United States and the international community must support this beleaguered nation. He cautions, however, that the main responsibility for success lies with the Colombians. They must mobilize the national resources and make the sacrifices to win back the country from the narco-traffickers, the insurgents, and the …

Aboriginal Peoples And Mandatory Sentencing, Larry N. Chartrand

Osgoode Hall Law Journal

The author examines the impact of mandatory minimum sentencing on Aboriginal peoples in Canada. Emphasis is placed on the recently enacted mandatory minimum sentencing provisions for firearms offenses. The author argues that the enactment of such provisions are inconsistent with Parliament's objectives as reflected in section 718.2(e) of the Criminal Code which requires sentencing judges to pay "particular attention to the circumstances of Aboriginal offenders." In addition, the author explores preliminary arguments to support a finding that mandatory minimum sentences applied to Aboriginal offenders violate sections 12 and 15 of the Charter.

Distorting The Prosecution Process: Informers, Mandatory Minimum Sentences, And Wrongful Convictions, Dianne L. Martin

Osgoode Hall Law Journal

As the use of mandatory minimum sentences becomes more common in Canada, it is important to consider a range of potential consequences that are neither intended nor anticipated. This article considers the implications of mandatory minimum sentences in contributing to wrongful convictions. It considers the impact of these sentences on two significant processes in the criminal justice system, plea bargaining and the development of informers, and argues that both processes are vulnerable to distortions. These distortions, which include the wrongful conviction of innocent people, can be exacerbated by the threat of mandatory minimum prison sentences. In the case of plea …

The Death Penalty, Mandatory Prison Sentences, And The Eighth Amendment's Rule Against Cruel And Unusual Punishments, Jamie Cameron

Osgoode Hall Law Journal

The text of section 12 of the Canadian Charter of Rights and Freedoms and the Eighth Amendment to the United States Constitution prohibit cruel and unusual punishment in language that is similar but not identical. Still, in considering constitutional restrictions on punishment, the deviations of the Supreme Court both focus on the concept of gross disproportionality between the offence committed and the state’s response. Despite the appearance of similarity, this article maintains that differences in the American law of sentencing explain why Canada ought not follow or adopt the United States approach to minimum sentences.

Latimer: Something Ominous Is Happening In The World Of Disabled People, H. Archibald Kaiser

Osgoode Hall Law Journal

Although the Latimer decision breaks no new substantive ground, it has created a furore over the application of the mandatory minimum sentence for murder. This article maintains that, despite the pre-existing need to examine the complex range of issues in mandatory sentences, the Latimer case provides a wholly inapposite base for revisiting this sanction. The Supreme Court of Canada properly rejected the accused's attempt to invoke the defence of necessity, as well as some procedural contentions. The Court also determined that the mandatory minimum sentence for murder was not cruel and unusual punishment as applied to the accused. The reaction …