Digital Commons Network^™

Responsibility In Capital Sentencing, Steven Semeraro

San Diego Law Review

Although modem doctrine is worth preserving, it could be improved significantly by focusing explicitly on heightening individual responsibility. Two concrete ways to improve it would be to (1) explain the sentencer' s role in the narrative voice, a way of speaking that, at least in American society, appears to be associated with the assignment of responsibility; and (2) require heightened scrutiny of death sentences by state appellate courts, bringing the responsibility of state appellate judges in capital cases in line with the responsibility they bear in constitutional cases dealing with analogous mixed questions of fact and law under the First, …

Public Defender's Conundrum: Signaling Professionalism And Quality In The Absence Of Price, Robert J. Aalberts, Thomas Boyt, Lorne H. Seidman

San Diego Law Review

This Essay, the result of an

extensive empirical study in the state of Nevada, attempts to ascertain factors among criminal defendants that may predict how they perceive a level of quality and satisfaction with their lawyers as service providers, as well as policy proposals for improving the perceptions of public defenders.

Theft Of Time: Disciplining Through Science And Law, Laureen Snider

Osgoode Hall Law Journal

This commentary traces the genealogy of "theft of time," a newly discovered offence committed by employees against employers. A Foucauldian perspective is used to examine how truth claims from science, technology, and law constitute categories through which groups are sorted, classified, and censured: the processes of naming, blaming, and shaming. This commentary argues that to understand why some truth claims are heard and acted upon, while others are ignored or silenced, it is necessary to link the power/knowledge nexus to political economy, the structural dominance of capital, and the power relations thereby created and reinforced.

2002 : Part - Time Courses, Dublin Institute Of Technology

DIT Publications

Book containing information and full list of part - time courses for 2002 entry.

2002/2003 academic calendar.

Faculty structure and key contacts at DIT.

Internationalised Criminal Trial And Access To Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

The influence of a human rights paradigm over the recent development of local and regional criminal justice concerns throughout Europe is indisputable. Essential to this is the commitment that crucial lay parties within the justice process (such as the accused and the victims) should have adequate access to common procedural protections of criminal justice. This paper takes this trend and measures its influence on the development of international criminal justice, the trial in particular. At the very least we argue that parallel concerns about fair trial in the international procedural context will endorse the importance of a fair trial paradigm …

Mobile Computing & Law Enforcement: An Examination Of Its Application In The Field And Its Consequences, Lanny Lockhart Jr

Theses

The following study has been conducted in the pursuit of a Masters Degree of Science in Information Technology. The functional purpose of this study was to examine three basic concepts (officer efficiency, safety, and arrest rates) within law enforcement and to attempt to determine if a specific type of information technology (wireless data computers) has had any positive impact on those concepts. To that end, the author has reviewed the history of technology in law enforcement and surveyed a group of patrol officers in the Wilmington Police Department. Difficulties associated with gathering research data from law enforcement agencies has also …

How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The war on drugs has spawned a second front-a war on education. The casualties of this war are all poor or lower-income people who cannot afford to buy a private education. This article details the consequences of this other war, and explores some legislative and litigation strategies for reclaiming educational opportunity for all Americans. First, however, we must set out in more detail the laws and policies that now deploy educational privation as punishment in public schools, colleges, and prisons.

Foreclosing On Fame: Exploring The Uncharted Boundaries Of The Right Of Publicity, Melissa B. Jacoby, Diane Leenheer Zimmerman

Faculty Publications

No abstract provided.

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

Scholarly Works

In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …

Pleasure Principles: The Social Construction Of Gambling And Sex Addiction Treatment, M. Kelly James

LSU Doctoral Dissertations

The transformation of behavior into deviance requires many players, individuals, and institutions invested in the social construction process and its outcomes. Although considered private recreational matters by some, gambling and having sex are gaining spotlight in the addiction arena. With the growing availability of casino entertainment, lotteries, OTB venues, prostitution, internet pornography, and 900 numbers, gambling and sex are interpreted, labeled, and treated by addiction recovery specialists. Using ethnographic methods and face-to-face interviews, I explore a southern community’s institutions and practitioners providing services to gambling and sex addicts. I examine the community’s discourse and its methods for defining and controlling …

Building Community: An Environmental Approach To Crime Prevention, Gustavo A. Barreto

LSU Master's Theses

Crime cannot be understood as a single-solution problem. Participation of the community is important to complement and make more efficient any program of crime control by police authorities or any other law enforcement agency. This thesis is intended to create consciousness among designers of the urban environment of their social role. Cities must include places to promote community interaction and formation of social bonds. As social bonds among residents increase, and bonds with the place begin building a sense of territoriality in the community, the residents become active defenders of the place against crime. A theory summary presents different and …

The Perceptions Of And Attitudes Toward Partner Abuse Among First Generation Korean-Americans: Their Relationships To The Incidence Of Partner Abuse, Bonnie Ahn

LSU Doctoral Dissertations

The purpose of this study was to examine the influence of the perceptions of and attitudes toward partner abuse, and various demographic characteristics on the incidence of partner abuse among first generation Korean-Americans. The study employed a correlational explanatory design using a cross-sectional survey technique utilizing a total of 223 Korean immigrant adults currently residing in Baton Rouge, Louisiana. A three-part instrument was used for data colleciton. Part I of the instrument measured the perceptions of and attitudes toward domestic violence among Korean-Americans. Part II measured the incedence and nature of domestic violence, and part III inquired demographic information about …

Mandating Effective Treatment For Drug Offenders, Lisa Rosenblum

UC Law Journal

Drug offense recidivism continues to plague our overburdened criminal justice system. Increases in sentencing and incarceration rates have done little to mitigate the problem. Given the unique nature of chemical addiction, traditional penal measures have been ineffective in deterring repeat offenders. Noting the failure of incarceration, this Note proposes that treatment and rehabilitation of drug offenders are more appropriate means of reducing illegal drug use. More specifically, this Note considers as models Arizona and California Acts that mandate substituting court-supervised drug treatment and education programs for incarceration. In advancing the rehabilitative ideal, these Acts have been more successful than previous …

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Faculty Publications

No abstract provided.

Sport, And The Changing Definition Of Whiteness, Bradburn Virgil Buras

LSU Master's Theses

This paper looks at the effects of professional basketball on white culture. Traditional scholarship focuses on the impact this has on the African-American community. Very little attention is given to its effects on white America. The focus of this paper is to examine whiteness and to understand how it is socially constructed. In addition, this paper will examine how some elements of black style have been appropriated by white America and changed the definition of whiteness in America. White America's appropriation of limited aspects of black style has been facilitated by the culture that is associated with professional basketball. The …

Modernity And Musical Structure: Neo-Marxist Perspectives On Song Form And Its Successors, Peter L. Manuel

Publications and Research

No abstract provided.

Portland State Magazine, Portland State University. Office Of University Communications

Portland State Magazine

PSU’s alumni magazine, published 2-3 times a year. In this issue: Professor Gary Perlstein has become a national media resource on terrorism; faculty to use new electron microscope to see the unseeable; record heard count prompts the urge to discover the typical PSU student; facial expressions become languages unto themselves that often defy translation; a PSU professor examines the Japanese monarchy just as the country greets a new princess; and more.

General Strain Theory And Social Support: A Study Of African Americans, Jason Alan Lyons

LSU Master's Theses

Agnew’s (1992) general strain theory (GST) has gained increasing attention and empirical support for the effects of strain on negative emotions and deviant coping. However, previous research provides inconsistent results about (1) the effects of negative emotions on deviant coping, (2) the significance of social support in GST, and (3) gender differences and GST. This paper addresses these issues by testing hypotheses generated from GST and analyzing data collected from a nationally representative sample of African American adults. Results from ordinary least squares regression analyses generally support the hypotheses. First, the effects of strain on deviant coping are fully mediated …

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis theory …

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper

Scholarly Works

In this Article, Professor Frank Rudy Cooper provides a cultural studies approach to the encoding and decoding of the drug war that will allow us to draw important conclusions about the effects of the drug war on the Court. In Part I of this Article, he describes how the field of cultural studies reads popular culture through the analytical tools of "encoding" and "decoding." In Part II, he analyzes why and how law enforcement has encoded the drug war as requiring increased prosecution of drug users and drug dealers. In Part III, he considers how the Court's decoding of law …

Analyzing "The Politics Of (Evidence) Rulemaking", Eileen A. Scallen

UC Law Journal

The creation and interpretation of evidence rules is a burgeoning area for evidence scholarship. Recent changes to federal evidence law, such as the addition of rules on the admissibility of a defendant's prior sexual conduct, and the amendments to the rules regarding expert testimony, have highlighted the political and controversial aspects of procedural rulemaking. Professor Scallen, Chair of the Evidence Section of the American Association of Law Schools, was responsible for organizing the panel on "The Politics of [Evidence] Rulemaking." The panel addressed the following questions: who should make the evidence rules-the judiciary, the legislature, the executive? What role should …

Giving Codification A Second Chance--Testimonial Privileges And The Federal Rules Of Evidence, Kenneth S. Broun

UC Law Journal

The draft Federal Rules of Evidence proposed to Congress in 1972 contained a set of rules governing privileges. After a storm of protest over both the concept of codified federal privilege rules and the content of the drafted rules, Congress excluded the proposed privilege rules from its 1975 enactment of the Federal Rules of Evidence. It substituted current Rule 501, which provides for privileges to be governed by the state law of privilege in diversity cases and the "principles of the common law" in all other cases.

This Article traces the legislative history of the Federal Rules of Evidence with …

Prisoners' Coping And Use Of Family Support, And Impact Of The Visiting Experience For Families, Lois F. Lange

Theses : Honours

This review was focussed on three areas (1) theoretical concepts of stress, coping and social support; (2) explanations for the patterns of prisoners' perceptions of their support-seeking behavior; and (3) the impact on families providing support. Prisoners' patterns of support seeking in the prison environment appear more consistent with hierarchical organisations than the domestication model of unit management. For stressful, uncontrollable situations, emotional support is sought from families, who are difficult to access. The family obligation to provide the free service of support to prisoners has implications for prison management and policy. Priorities for future research are (1) the impact …

Development Of An Orientation Guide For Faculty Teaching Credit Contract Training Courses At Prince George’S Community College, Diana Wilkins

Abraham S. Fischler College of Education ETD Archive

The problem addressed by this development study was that faculty at Prince George's Community College (PGCC) have difficulty adjusting their instructional procedures to the adult learner in a business and industry enviomment. Therefore, there was a need to develop an orientation guide for faculty teaching credit contract training courses at Prince George's Community College.

The purpose of this study was to develop an orientation guide for faculty teaching credit contract training courses at PGCC. The research question addressed in this study was, "What is the appropriate content for an orientation guide for faculty teaching credit contract training courses at Prince …

Evaluation Of The Online Curriculum For The State Exam Review Course At The Southeastern Public Safety Institute Of St. Petersburg Junior College, Carlene M. Peterson

Abraham S. Fischler College of Education ETD Archive

The problem was the curriculum for the online delivery of the State Exam Review Course has not been evaluated in its current format to see that the student is provided the same learning outcomes in the distance delivery as in the on-campus delivery. The purpose of the study was to conduct an evaluation of the online curriculum for the State Exam Review Course at the Southeastern Public Safety Institute of St. Petersburg Junior College to determine whether the present curriculum meets the goals and objectives of the Commission law enforcement curriculum. There was only one research question related to this …

Development Of An Antiviolence Policy For Faculty Of Medcentral Hospital School Of Nursing, Nancy Martin

Abraham S. Fischler College of Education ETD Archive

The faculty at MedCentral Hospital School of Nursing did not know how to handle incidences of hostility and violent behavior involving students. While some of the faculty ignored or minimized threats, some took them as a danger to their safety. A protocol did not 2 exist that would give direction to the faculty and the director of the school of nursing. The purpose of the study was to develop an antiviolence policy for faculty of MedCentral Hospital School of Nursing. The research question was: "What is the appropriate form and content for an antiviolence policy for faculty of MedCentral Hospital …

Development Of A Curriculum For Mercyhurst North East Students Enrolled In Technology Crime Classes, Art Amann

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was that adult students engaged in law enforcement work were not receiving adequate education and training regarding technology crime. Information received by way of input from regional police chiefs and other criminal justice administrators supported this premise. The purpose of this study was to develop a curriculum for technology crime that would be available to criminal justice students at Mercyhurst College North East. The two research questions were: "What are the appropriate and valid criteria for the development of a curriculum for criminal justice technology training?", and "What are the valid and appropriate components and delivery …