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2003

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The Rehabilitation Of Indigenous Prisoners, Andrew Day, Kevin Howells, Sharon Casey Jan 2003

The Rehabilitation Of Indigenous Prisoners, Andrew Day, Kevin Howells, Sharon Casey

Aboriginal Policy Research Consortium International (APRCi)

The massive problems experienced by Indigenous Australians in their encounters with the criminal justice system have been well documented and widely discussed. This paper applies the Risk, Needs and Responsivity Model of rehabilitation to Indigenous offenders. While much of the review is devoted to a discussion of Australian Indigenous offenders, the issues raised are likely to be relevant to Indigenous groups from other countries and, possibly, ethnic minority offenders more generally. We concluded that whilst the model clearly has value, rehabilitation programs would benefit from a careful consideration of issues relating specifically to the Risk, Needs and Responsivity of Indigenous …

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Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan Jan 2003

Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan

Faculty Scholarship

No abstract provided.

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Has The Supreme Court Taken A Wrong Turn? An Analysis Of The Supreme Court's Decision In Atwater V. City Of Lago Vista, Elizabeth C. Tucker Jan 2003

Has The Supreme Court Taken A Wrong Turn? An Analysis Of The Supreme Court's Decision In Atwater V. City Of Lago Vista, Elizabeth C. Tucker

Dickinson Law Review (1908-2003)

No abstract provided.

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The Nebraska Minority And Justice Task Force (Final Report) Jan 2003

The Nebraska Minority And Justice Task Force (Final Report)

University of Nebraska Public Policy Center: Publications

Table of Contents:
Inside Cover
Quote
Table of Contents
Minority and Justice Task Force
Chairs
Members
Research Staff
Acknowledgements
Definitions
Executive Summary
Access to Justice
Criminal and Juvenile Justice
Court Personnel
Legal Profession
General Recommendations
Introduction
Study Design
Implications
Chapter 1: Access to Justice
Chapter 2: Criminal and Juvenile Justice
Chapter 3: Court Personnel
Chapter 4: Legal Profession
Chapter 5: Research Methods
Summary of Recommendations
Citations
Case Citations
Literature Citations
Statute Citations
Appendix A: Survey of the Nebraska Public
Appendix B: Survey of Selected Jurors
Appendix C: Survey of Court Personnel
Appendix D: Survey of Nebraska State Bar Association Members

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Documentation Of Violence Risk Information In Psychiatric Hospital Patient Charts: An Empirical Examination, Eric B. Elbogen, Alan J. Tomkins, Antara P. Pothuloori, Mario Scalora Jan 2003

Documentation Of Violence Risk Information In Psychiatric Hospital Patient Charts: An Empirical Examination, Eric B. Elbogen, Alan J. Tomkins, Antara P. Pothuloori, Mario Scalora

University of Nebraska Public Policy Center: Publications

Studies have identified risk factors that show a strong association with violent behavior in psychiatric populations. Yet, little research has been conducted on the documentation of violence risk information in actual clinical practice, despite the relevance of such documentation to risk assessment liability and to conducting effective risk management. In this study, the documentation of cues of risk for violence were examined in psychiatric settings. Patient charts (n = 283) in four psychiatric settings were reviewed for documentation of violence risk information
summarized in the MacArthur Violence Risk Assessment Study. The results revealed that particular patient and institutional variables influenced …

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Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels Jan 2003

Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels

Fordham Urban Law Journal

State and federal statutory restrictions limit the civil rights of individuals with criminal records and create a barrier to reentry into society. The article explores eight specific areas of restriction: (1) ability to obtain employment, (2) eligibility for public housing, (3) eligibility for public assistance and food stamps, (4) eligibility for student loans, (5) access to records for non-criminal justice purposes, (6) voting rights, (7) drivers' licenses privileges, and (8) rights to be foster and adoptive parents. Finally, the article argues that the government has an obligation ensure fairness and opportunities to reenter society for people with such records.

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Voter Information Guide For 2003, Special Election Jan 2003

Voter Information Guide For 2003, Special Election

Propositions

No abstract provided.

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Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman Jan 2003

Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the …

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Hepp Report: Infectious Diseases In Corrections, Vol. 6 No. 1, Hiv & Hepatitis Education Prison Project Jan 2003

Hepp Report: Infectious Diseases In Corrections, Vol. 6 No. 1, Hiv & Hepatitis Education Prison Project

Infectious Diseases in Corrections Report (IDCR)

No abstract provided.

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Lawyers And Truth-Telling, Albert Alschuler Jan 2003

Lawyers And Truth-Telling, Albert Alschuler

Articles

No abstract provided.

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Perceptions Of Safety And Crime In Rural Nebraska, Rebecca J. Vogt Jan 2003

Perceptions Of Safety And Crime In Rural Nebraska, Rebecca J. Vogt

Nebraska Rural Poll

Investing in the Future of Nebraska’s Rural Communities

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Funds Dedicated For State And Local Infrastructure. Jan 2003

Funds Dedicated For State And Local Infrastructure.

Propositions

FUNDS DEDICATED FOR STATE AND LOCAL INFRASTRUCTURE. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Requires specified percentages of General Fund revenues to be set-aside for acquisition, construction, rehabilitation, modernization, or renovation of infrastructure. • Expenditures must be divided equally between state projects and local projects, other than school and community college district projects, including local street, transportation, water, park, and open space projects. • Proposition 98 school funding guarantee is unchanged. • Amount of first set-aside scheduled for 2006–07 is 1%; they increase 0.3% annually to 3% and then remain fixed. Set-asides are subject to increase, decrease, or suspension with revenue increases and …

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Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward Jan 2003

Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward

Fordham Urban Law Journal

This Essay attempts to pull together the various threads of thought regarding the relationships between gender, race, and class within the justice system, and suggests possible patterns that could be used to create holistic images of female offenders. Part I provides a brief overview of the various explanations used over time to account for criminal behavior by women. Part II details the ways in which gender can affect the processes of the criminal justice system. Part III discusses the impact that race can have on the female offender's experience in the system. Part IV briefly overviews the types of influences …

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Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick Jan 2003

Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick

Fordham Urban Law Journal

This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that remain …

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La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal Jan 2003

La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal

Fordham Urban Law Journal

This essay discusses how Family Justice and La Bodega de la Familia respond to the diverse challenges of reintegration post incarceration. It also discusses the benefits of a model of judicial supervision that recognizes individuals' social locations within their families and communities. With the goal of producing more effective and humane prisoner reintegration, especially in the context of drug offenses, the Authors recommend family case management. They additionally encourage parole and criminal justice practice to shift its focus from the individual parolee to families and their strengths.

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Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly Jan 2003

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2003, Except As Otherwise Noted., Colorado General Assembly Jan 2003

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2003, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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2003-2004 - Graduate Catalog, Office Of The Registrar, East Tennessee State University Jan 2003

2003-2004 - Graduate Catalog, Office Of The Registrar, East Tennessee State University

Graduate Academic Catalogs

No abstract provided.

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Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur Jan 2003

Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur

St. Thomas Law Review

After Miranda v. Arizona and Massiah v. United States, there were arguably three doctrinally separate methodologies for determining the admissibility of confessions in criminal proceedings. The interaction of these three doctrines has generated a complex, contradictory, somewhat inexplicable, and chaotic jurisprudence. This paper re-examines the post- Miranda interaction of the three doctrines, and argues that basic property law provides a conceptual framework for reconciling what appears to be an otherwise arbitrary and unpalatable collection of Supreme Court decisions. Section one briefly examines the totality of the circumstances test and the Miranda and Massiah decisions themselves, not from the standpoint of …

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War On Terrorism Or Global Law Enforcement Operation, Ronald J. Sievert Jan 2003

War On Terrorism Or Global Law Enforcement Operation, Ronald J. Sievert

Notre Dame Law Review

No abstract provided.

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The Shield 2003, Shield Jan 2003

The Shield 2003, Shield

Murray State University Yearbooks

Murray State University Yearbook, 2003

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The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson Jan 2003

The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson

Fordham Urban Law Journal

The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.

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Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese Jan 2003

Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese

Fordham Urban Law Journal

This Essay dispels common myths put forward by drug war advocates and describes more effective alternatives available than present policy contemplates. We all want to prevent adolescent drug abuse, protect the health and safety of the community, deny drug profits to terrorists and other criminals, and develop a drug policy that works and is based on our common humanity, as well as on research and reality, rather than myth and rhetoric. The essential paradigm shift that needs to occur is to move away from a policy dominated by law enforcement . . . and toward a policy based on public …

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You Have A Right To Remain Silent, Michael Avery Jan 2003

You Have A Right To Remain Silent, Michael Avery

Fordham Urban Law Journal

The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …

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Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin Jan 2003

Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin

Fordham Urban Law Journal

This Study is one of the first to look at the mentally ill during the pre-arraignment process. The pre-arraignment process is an excellent place to identify individuals with mental health and substance abuse problems, to examine those problems, to consider legal interventions, such as diversion or routing to specialized courts, for instance, drug and mental health courts, and to plan for community mental health, substance abuse, health, and social service interventions. Following a brief review of the literature on rates of substance abuse and mental health problems for ciminal justice populations, the process from arrest to arraignment in Kings County …

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Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …

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Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick Jan 2003

Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick

Fordham Urban Law Journal

This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.

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Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz Jan 2003

Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz

Fordham Urban Law Journal

This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …

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The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris Jan 2003

The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris

Fordham Urban Law Journal

An overview of different topics covered by the journal throughout the years.

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Due Process And Problem Solving Courts, Eric Lane Jan 2003

Due Process And Problem Solving Courts, Eric Lane

Fordham Urban Law Journal

This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.

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