Digital Commons Network^™

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 …

Classified Information: The Newsletter Of The Lloyd Sealy Library, Lloyd Sealy Library, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Classified Information was a publication that informed the College about Library services, personnel, upcoming events, new technologies, and available resources.

An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe (specifically, England, France and Germany). It then discusses research on the American system that sheds light on the relative advantages and disadvantages of the two regulatory systems. More often than not, the existing data call into question preconceived notions of what "works." In particular, American reverence for search warrants, the exclusionary rule, and "Miranda" warnings …

Court Administration As A Tool For Judicial Reform, Christie S. Warren

Faculty Publications

This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.

Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial …

Dialogue Magazine, Spring 2001

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.

The Implications Of Memetics For The Cultural Defense, Neal A. Gordon

Duke Law Journal

No abstract provided.

Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich

All Faculty Scholarship

The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administration of capital punishment in the United States.

Unlike previous slabs at reform, the Innocence Protection Act (lPA) has a real chance to become law because it commands unusually broad bipartisan support. The Senate bill (S. 486) is sponsored by Democrat Pat Leahy of Vermont and Republican Gordon Smith of Oregon. The House bill (H.R. 912) is sponsored by Democrat Bill Delahunt of …

Richmond Law Magazine: Spring 2001

Richmond Law Magazine

Features:

Bringing Current Issues into the Classroom

Pilgrimage of Gratitude

Student Again

In Touch, Spring 2001, Illinois State University, Parent And Family Services

In Touch

Newsletter of the Parent and Family Services division of the Dean of Students Office at Illinois State University

Globalization And The Paradox Of Incorporation And Marginalization: An Exploratory Note On Sub-Saharan Africa, Charles R. Lartey

Graduate Program in International Studies Theses & Dissertations

Globalization has of late become the lingua franca of the study of the international political economic system. As its ideological counterpart, globalization has elevated neoliberalism to the status of an international theology. To harness the benefits of a globalizing world economy, conventional wisdom consider the dictums underlying neoliberal policies as “immutable laws” that must be adopted by both the developing and the developed world.

Utilizing a structured, focused analysis based on a case study of Sub-Saharan Africa (SSA), this research challenges the orthodox notion that the new international context of development that is instigated by the imperatives of globalization, and …

Parental Responsibility For Juvenile Crime, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

In Part I, this Article analyzes the "criminalization" of juvenile delinquency. The juvenile justice counter-reformation has made substantial headway in reversing the idea of special protections for children who are accused of committing serious crimes. But the debate over how to deal with violent youth has been drastically reshaped over the past century. Earlier reforms minimized punishment and emphasized therapeutic intervention in the children's lives. The current retributive juvenile justice movement, by contrast, features assertions about a dramatic increase in the present rate and malevolence of juvenile crime, demographic estimates that predict a coming flood of "super-predators,"1 and the thesis …

Mandatory Minimum Sentences: Law And Policy, Elizabeth Sheehy

Osgoode Hall Law Journal

No abstract provided.

The Political Attractiveness Of Mandatory Minimum Sentences, Anthony N. Doob, Carla Cesaroni

Osgoode Hall Law Journal

This article addresses the question of why Canada still has mandatory minimum sentences despite inquiries by a number of commissions that suggest abolition. It suggests that politicians and judges alike not only promote mandatory minimum policies, but also speak about them in much the same way - as a way of fighting crime. Though the evidence is clear that mandatory minimum sentences are not an effective crime-control strategy, and actually disrupt the sensible operation of the justice system, it is apparent that the deterrence message they deliver is still functional for politicians and is rarely challenged by judges.

Mandatory Minimum Sentences Of Imprisonment: Exploring The Consequences For The Sentencing Process, Julian V. Roberts

Osgoode Hall Law Journal

In this article, the author discusses the nature and consequences of the mandatory sentences of imprisonment created by Bill C-63 in 1995. These mandatory sentences constitute the most comprehensive collection of mandatory minima in Canadian history, and will affect significant numbers of offenders. Unlike most mandatory minima created in other jurisdictions such as Australia, England, and Wales, the legislation that created the firearms offence minima offer no provision to be invoked in exceptional cases. In this article, the author addresses the effect that these new statutory minima am likely to have on sentencing patterns It is argued that they should …

Disarming Canadians, And Arming Them With Tolerance: Banning Firearms And Minimum Sentences To Control Violent Crime--An Essay On An Apparent Contradiction, Helene Dumont

Osgoode Hall Law Journal

In an article published in French in 1997, the author offered reflections on feminism and criminal law that would allow for a better control of violent crime, without Parliament having to resort to excessively severe sentences. In this respect, she argued that there was no contradiction in supporting the radical ban of firearms in Canada, while opposing a minimum sentence of four years under the Firearms Act, which currently affects approximately ten serious Criminal Code offences. After setting out her position in favour of the "disarmament" of Canadians, the author argued that minimum sentences of four years were unconstitutional. Such …

Searching For Smith: The Constitutionality Of Mandatory Sentences, Kent Roach

Osgoode Hall Law Journal

The jurisprudence of the Supreme Court of Canada on the constitutionality of mandatory minimum sentences, from R. v. Smith to R. v. Latimer, is reviewed and assessed in light of relevant developments in constitutional law and sentencing. These include the Supreme Courts increasing interest in constitutional minimalism and corresponding reluctance to rely on hypothetical offenders and facial declarations of invalidity. The manner in which the Court's increasing concern for crime victims and fault levels has been used to justify upholding mandatory sentences is examined. The author also relates this jurisprudence to trends in sentencing, including an increasing acceptance of mandatory …

Sentencing In The States: The Good, The Bad, And The Ugly, Julie Stewart

Osgoode Hall Law Journal

Mandatory sentencing laws are responsible for the booming prison population in the United States. They are applied most frequently to crimes involving drugs and mandate harsh penalties of five, ten, twenty years or more behind bars for crimes involving no violence. Julie Stewart, President of the Families Against Mandatory Minimums Foundation (FAMM) and the sister of a marijuana user who spent five years in a federal prison, describes the unfairness of America’s sentencing policies, with a particular emphasis on the application of mandatory minimum sentences to drug-related convictions. These laws have led to a marked increase in the number of …

Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy

Osgoode Hall Law Journal

The author argues for the repeal of mandatory minimum sentences based upon their role in the distortion of defences available to battered women on trial for the homicide of their violent mates. After reviewing other legal strategies aimed at eliminating the discriminatory biases facing women who attempt to plead self-defence, and illustrating the ways in which defences to murder are distorted, she turns to the examination of the transcript of a recent murder trial for a woman who argued self-defence. The author uses the transcript to provide concrete illustrations of three ways in which self-defence is distorted by the mandatory …

Book Review: Punishment In Disguise: Penal Governance And Federal Imprisonment Of Women In Canada, By Kelly Hannah-Moffat, Amanda Glasbeek

Osgoode Hall Law Journal

No abstract provided.

Book Review: Due Process And Victims' Rights: The New Law And Politics Of Criminal Justice, By Kent Roach, Rosanna Langer

Osgoode Hall Law Journal

No abstract provided.

Institutionalized Discrimination And Sectarianism In Northern Ireland, Darlene E. Hall

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research and subsequent thesis is to explore the issue of institutionalized discrimination, sectarian and political harassment, and victimization in the North of Ireland.

Understanding the situation in the North of Ireland will contribute to an understanding of how minority groups experience oppression and domination from the power elite groups. Extralegal, improper, or unwarranted force by police and security force members receives special attention. Conflict theorists such as Bailey (1996), Skolnick and Fyfe (1993), Quinney (1970) and Chambliss (1994) are reviewed regarding the misuse of force by police. A review of literature reveals that discrimination and sectarian …

Intent And Recklessness In Torts: The Practical Craft Of Restating Law, James A. Henderson, Jr., Aaron D. Twerski

Vanderbilt Law Review

However one frames the concepts of intent and recklessness in a Restatement, they must be kept generic, stable, and endogenous. By "generic" we mean that the concepts should not be tied to any single tort, or family of torts. For example, one frequently encounters philosophical treatments of tort that automatically link intent with the causing of tangible harms, such as personal injury and property damage. Apparently, intent and harm are coupled in this manner in order to contrast intentional infliction of harm with negligently harmful conduct. But to inextricably link intent with tangible harm in a Restatement of Torts would …

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 …

Panther- March 2001 - Vol. Lxxviii, No.20, Prairie View A&M University

PV Panther Newspapers

No abstract provided.

State Mental Hospital Continuity Of Care Study: Preliminary Report, Timothy Boaz, Keith Vossberg

Mental Health Law & Policy Faculty Publications

This study reports on the analysis of several existing administrative data sets to examine issues related to the continuity of care in the community for persons discharged from the Florida state mental health hospitals. The validity of conclusions based on such analysis is dependent on the adequacy of the existing data. While certain types of reporting errors can be identified and remediated (to a degree), other types of errors, particularly omission of reporting, often cannot be identified or remediated. Thus, the conclusions of this report need to be taken somewhat tentatively.

Newscast, March 30, 2001, Illinois State University, College Of Applied Science And Technology

newsCAST

Newsletter of the Illinois State University College of Applied Science and Technology

Flyer News, Vol. 48, No. 36 (March 30, 2001), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton