Digital Commons Network^™

Why Juveniles Should Not Be Tried As Adults, Michael Bailey

Brigham Young University Prelaw Review

No abstract provided.

Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman

Law and Contemporary Problems

Myers explores hearsay exeptions by examining three exceptions: excited utterances, statements for purposes of diagnosis or treatment, and the residual hearsay exception. The focus is child declarants, and these exceptions play key roles in child abuse litigation.

Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough

Law and Contemporary Problems

McGough proceeds with the confidence on the premise that a forensic interview of a child by a member of the prosecutorial team offers many opportunities for compromising the reliability of the child's remembered account. A vast volume of research data now exists that documents the conclusion that the forensic interviewing of children is a very delicate, sophisticated, and high-risk enterprise.

The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman

Law and Contemporary Problems

The adjudication of child abuse claims poses an excruciatingly difficult conundrum. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child.

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren L. Hutchinson

Faculty Articles

This Article examines the work of the new complexity or multidimensionality scholars. Most of these scholars are "race-sexuality-gender­class" critics - or scholars whose research introduces sexuality and "queer" theories to the race, gender, and class project initiated by intersectional scholars. This Article seeks to identify concrete points of intervention for multidimensional theorizing. Part II offers an "intellectual history" of the new complexity theories. This section explores the distinctions and similarities among intersectionality literature and the recent contributions of authors in the multidimensionality school. Parts III considers some of the doctrinal implications of new complexity theory and concludes that this work …

So Young And So Untender: Remorseless Children And The Expectations Of The Law, Martha Grace Duncan

Faculty Articles

A nine-year-old speaks with apparent callousness as he walks by the body of the girl he has killed. A fourteen-year-old jokes about "body parts in her pocket" after bashing in her mother's head with a candlestick holder. And a fifteen-year-old laughingly names his accomplice ''Homicide" after participating in a robbery that culminated in the victim's death. Seemingly remorseless acts such as these can have a crucial impact on the way a child or adolescent fares in the juvenile justice or criminal system. Yet, when one looks closely at what the courts interpret as indicators of remorselessness -- ­taking into account …

Cook County Criminal Law Practice In 1929: A Community's Response To Crime And A Notorious Trial, Thomas F. Geraghty

Journal of Criminal Law and Criminology

No abstract provided.

Learning From The Past, Living In The Present: Understanding Homicide In Chicago, 1870-1930, Leigh B. Bienen, Brandon Rottinghaus

Journal of Criminal Law and Criminology

No abstract provided.

Owing To The Extreme Youth Of The Accused: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin

Journal of Criminal Law and Criminology

No abstract provided.

Understanding Infanticide In Context: Mothers Who Kill, 1870-1930 And Today, Michelle Oberman

Journal of Criminal Law and Criminology

No abstract provided.

Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman

Journal of Criminal Law and Criminology

No abstract provided.

Lunatics And Anarchists: Political Homicide In Chicago, Edward M. Burke

Journal of Criminal Law and Criminology

No abstract provided.

Afterword To Lunatics And Anarchists: Political Homicide In Chicago, Leigh B. Bienen, Thomas J. O'Gorman

Journal of Criminal Law and Criminology

No abstract provided.

Homicide In New York, Los Angeles And Chicago, Eric H. Monkkonen

Journal of Criminal Law and Criminology

No abstract provided.

I Loved Joe, But I Had To Shoot Him: Homicide By Women In Turn-Of-The-Century Chicago, Jeffrey S. Adler

Journal of Criminal Law and Criminology

No abstract provided.

Homicides Among Chicago Families: 1870-1930, Roland Chilton

Journal of Criminal Law and Criminology

No abstract provided.

Dear Chief Judge Schroeder, Carl W. Tobias

Law Faculty Publications

Dear Judge Schroeder: Congratulations on becoming the Chief Judge of the United States Court of Appeals for the Ninth Circuit. Judge Procter Hug, Jr., transferred that office to you on December 1, 2000, during a quiet period in the tribunal's life, affording several months of relative calm m which to assume the daunting responsibility for Ninth Circuit operations. Your twenty-one-year service as an active court member will promote the felicitous discharge of your new duties as chief judge and will ease resolution of the difficulties that the tribunal will invariably encounter.

You have entered the pantheon of leaders whose century …

Accuracy Where It Matters: Brady V. Maryland In The Plea Bargaining Context, Corinna Barrett Lain

Law Faculty Publications

Professor Lain argues that the role of Brady v. Maryland in protecting the innocent from wrongful conviction is just as essential in the plea bargaining context as it is at trial, and that therefore even defendants who plead guilty should be entitled to Brady's protections. However, she concludes that Brady's application in the plea bargaining context is destined to provide only a shadow of the protection Brady provides at trial because of the materiality standard currently used to judge post-plea Brady claims. In making both points, she employs a model of the plea bargaining defendant's decision-making process, using modern choice …

Re-Thinking Access To Criminal Justice In Canada: A Critical Review Of Needs And Responses, Patricia Hughes, Mary Jane Mossman

Articles & Book Chapters

This paper provides a critical assessment of some current issues about access to justice in Canada, with a special focus on criminal justice. The paper identifies recent trends in the literature about criminal justice in Canada and in related common law jurisdictions, including the United States, the United Kingdom, Australia and New Zealand; and the development of restorative justice processes to augment or replace traditional approaches to criminal justice. Overall, the paper is intended to provide a review of selected literature with critical commentary about current trends in criminal justice, and to offer suggestions about empirical and other research initiatives …

Rape Risk Reduction Materials: How Do University Students Of Color Perceive The Cultural Relevancy Of These Materials?, Anita L. Vorreyer-Hedges

UNF Graduate Theses and Dissertations

Few studies have investigated how race and ethnicity influence people's beliefs about rape, or what impact these beliefs have on what and how we teach college students in efforts to raise awareness about rape. The purpose of this study was to gain understanding of how students of color perceive the cultural relevance of materials commonly used on campuses for rape risk reduction education. Participants were African American and Hispanic students at a mid-sized state university. Focus group sessions and interviews were conducted with 23 student participants. Students reported that they found the rape risk reduction materials culturally relevant; however, other …

A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger

Articles & Book Chapters

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a …

Tribute To Justice Stanley Mosk, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Charter Revolution: Is It Undemocratic?, Peter W. Hogg

Articles & Book Chapters

A new book on the Canadian Charter of Rights and Freedoms by two professors from the University of Calgary, F.L. Morton and Rainer Knopff, is entitled The Charter Revolution and the Court Party.1 By the “Charter revolution” the authors refer to the active law- making role assumed by the Supreme Court of Canada since the adoption of the Charter of Rights in 1982.2 By the “Court Party” they refer to a cluster of interest groups promoting Charter rights through litigation.3 The thesis of the book is that these groups have been successful in obtaining changes in the law from the …

Cleansing Moments And Retrospective Justice, Margaret M. Russell

Faculty Publications

No abstract provided.

Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer

Faculty Scholarship

This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …

Juvenile Justice Systems: A Need For Improved Research And Treatment, Tenethrea Thompson, Jean Turner

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

The characteristics of juveniles who commit crimes and a variety of treatment philosophies for juvenile offenders were examined through literature and individual case studies. The literature review and three case studies provided insight into the difficult challenge of providing effective treatment programs for juvenile offenders.

The Unfinished Criminal Procedure Revolution Of Post-Democratization South Korea, Kuk Cho

Denver Journal of International Law & Policy

No abstract provided.

The Northern Ireland: The Paramilitaries, Terrorism, And September 11th, Zachary E. Mccabe

Denver Journal of International Law & Policy

No abstract provided.

Transitional Justice In Afghanistan: The Promise Of Mixed Tribunals, Laura A. Dickinson

Denver Journal of International Law & Policy

No abstract provided.

Capital Punishment For The Crime Of Homicide In Chicago: 1870-1930, Derral Cheatwood

Journal of Criminal Law and Criminology

No abstract provided.