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2003

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2003 Warbler, Eastern Illinois University Jan 2003

2003 Warbler, Eastern Illinois University

The Warbler

The 2003 Warbler, yearbook of Eastern Illinois University

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Wading Into Professor Schneider’S "Murky Middle Ground" Between Acceptance And Rejection Of Criminal Justice Responses To Domestic Violence, Holly Maguigan Jan 2003

Wading Into Professor Schneider’S "Murky Middle Ground" Between Acceptance And Rejection Of Criminal Justice Responses To Domestic Violence, Holly Maguigan

Faculty Articles

In Engaging with the State, a chapter in the remarkable history, analysis, and vision that is her book Battered Women & Feminist Lawmaking, Professor Elizabeth M. Schneider writes, " [w]ith both mandatory arrest legislation and VAWA [the Violence Against Women Act of 1994], familiar tensions are replicated- public and private, victimization and agency- which reemerge in the process of enforcement and raise questions concerning the potential utility and effectiveness of these statutes." She challenges the reader to "understand the roles of the state, other institutions, law, and culture in encouraging, legitimizing, and perpetuating violence" and "to critically examine the murky …

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Faculty Profiles And Publications 2003, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Jan 2003

Faculty Profiles And Publications 2003, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Faculty

No abstract provided.

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Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Ril Jan 2003

Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Ril

Law Faculty Research Publications

No abstract provided.

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African-Americans Within The Context Of International Oppression, Kevin D. Brown Jan 2003

African-Americans Within The Context Of International Oppression, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

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Crime And Violence In Men With Schizophrenia: A Literature Review, Bianca Dijulio Jan 2003

Crime And Violence In Men With Schizophrenia: A Literature Review, Bianca Dijulio

Modern Psychological Studies

This literature review examines the strength of the relationship between schizophrenia and violence, symptoms associated with violence in schizophrenics, and two drug treatments associated with treating violence in schizophrenia. In terms of the relationship between schizophrenia and violence, schizophrenia does not surpass other mental illnesses in its association with violence; however, just as other mental illnesses do, it surpasses the normal population in levels of violence. Two symptoms, hostility and suspiciousness, are common in violent schizophrenics. In contrast, antisocial personality disorder and psychopathy have not been clearly associated with violent schizophrenics, most likely due to methodological problems. Similarly, hallucinations, delusions, …

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What To Do About The Executive Clemency Power In The Wake Of The Clinton Presidency, Jerry Carannante Jan 2003

What To Do About The Executive Clemency Power In The Wake Of The Clinton Presidency, Jerry Carannante

NYLS Law Review

No abstract provided.

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Alumni Journal Jan 2003

Alumni Journal

Syracuse University Magazine

No abstract provided.

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La Justice Restaurative: Conditions Et Fondements D'Une Transformation Démocratique En Droit Penal, Bruce P. Archibald Jan 2003

La Justice Restaurative: Conditions Et Fondements D'Une Transformation Démocratique En Droit Penal, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

No abstract provided.

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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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The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris Jan 2003

The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris

Fordham Urban Law Journal

A general overview of the journal's progress and publications.

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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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Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer Jan 2003

Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer

Fordham Urban Law Journal

This Comment explores the government's right to treat citizens as enemy combatants and whether their trials should be by military commissions or by the non-military criminal justice system. It gives background information and explains the source of the government's right to determine enemy combatant status and to use military commissions. This Comment also describes the distinctions between a military trial and a regular criminal trial and explains the status of two cases regarding American citizens declared to be enemy combatants. The Comment goes on to explain why the government wants to use military commissions to try terrorists and the advantages …

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Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta Jan 2003

Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta

Fordham Urban Law Journal

This article explores public attitudes toward the disenfranchisement of felons. Using survey research methods -- Computer Assisted Telephone Interviewing of 503 randomly selected adults -- the authors posed questions related to the purpose of the criminal justice system, public attitudes about treatment and punishment of felons, and public support for the disenfranchisement of felons. The data is aggregated and sorted based on ethnicity, gender, political affiliation, and education. The data demonstrates that the American public does not support permanent disenfranchisement of convicted felons but that it does support some limitations. The authors first review state laws and legal/political issues implicated, …

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Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland Jan 2003

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland

Fordham Urban Law Journal

This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.

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Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Fordham Urban Law Journal

This article addresses civil commitment of sexually predatory offenders. It first outlines the most common American approaches to controlling sexual offenders, then details the German concept of Sicherungsverwahrung and greater state control, and finally proposes adopting a modified German approach that assures proportionality and public safety without sacrificing individual liberties. The article concludes by arguing that criminal penalties and safety-based detention should both be seen as elements of social control, which requires that safety measures with clearly punitive components be recognized as part of the punishment process.

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Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin Jan 2003

Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin

Fordham Urban Law Journal

Traditionally, collateral sanctions are viewed as civil measures designed to prevent undue risk by proven lawbreakers. If a collateral sanction were a criminal penalty instead, that would trigger constitutional provisions like the Ex Post Facto Clause, which would mean the sanction could not be imposed retroactively. This Article argues that collateral sanctions based on conduct and not conviction indicate a civil regulatory measure, but that when the sanctions only apply in the event of conviction, the sanction looks more like punishment. Conviction is not the only way to show risky conduct, and it is the conduct that civil sanctions should …

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Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love Jan 2003

Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love

Fordham Urban Law Journal

Convicted felons have no realistic hope of full reintegration into society when jurisdictions do not provide for eventual removal of collateral penalties and when relief mechanisms are insufficient or ineffective. Because Americans are uncomfortable with such an unforgiving system and states are considering the economic burdens of such a system, jurisdictions should take steps to limit the scope and duration of these collateral consequences. This Article proposes a legal framework aimed to fully reintegrate an offender into society post incarceration. It urges a return to the reforms of the 1960s and 70s, the ABA Standards on Collateral Sanctions, and Section …

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Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz Jan 2003

Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz

Fordham Urban Law Journal

This Article explores when laws altering the consequences of conviction can retroactively apply. It traces the roots of the current emphasis on plea agreements to the current confusion about how to determine retroactivity in cases involving quasi-economic transactions and those involving wrongful conduct. Using I.N.S. v. St. Cyr, 533 U.S. 298 (2001), it focuses on the open issue of the date against which new legal consequences are measured. Finally, the Article argues that reliance is an improper indicia of retroactivity for laws governing wrongful conduct and that the proper question is whether the offender had fair notice of the degree …

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Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey Jan 2003

Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey

Fordham Urban Law Journal

Georgia Justice Project has a unique approach to criminal defense and rehabilitation which is based on a relationship and community-oriented ethic. Focused on only accepting clients who are willing to make a serious commitment to changing their lives, the GJP ensures that the client moves beyond social, emotional and personal challenges that contributed to their legal problems. This article describes the unique factors of the GJP that have contributed to its continued success.

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"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader Jan 2003

"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader

Fordham Urban Law Journal

This essay will critique the Georgia Justice Project's encouragement of confessions in the context of the secular American justice system via comparison with the treatment of confessions under ancient Jewish law. Specifically, this essay posits that the absolute prohibition on the use of confessions in a legal system firmly rooted in religious values recognizes the danger inherent in combining the act of speaking of one's sins for religious penance with the use of such confessions in the criminal adjudication process. The Jewish legal system avoids these inherent dangers by completely devaluing the accused's confession. The GJP, in contrast, merges the …

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It Takes A Region , Angela Glover Blackwell Jan 2003

It Takes A Region , Angela Glover Blackwell

Fordham Urban Law Journal

Suburbanization and sprawl present new issues and challenges of regional inequity and equal opportunity. As awareness of the effects of the impacts of uneven and unhealthy development patterns grow, the debate for dealing with the fallout of sprawl is being taken up and policy agenda is emerging to address smart growth. With the emergence of the region rather than the city as the dominant economic and social geographic unit and key policy changes, the article propounds that the mistakes of the past fifty years can be reversed and regional equity achieved. The article makes it clear that life changes are …

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Squeezing Daubert Out Of The Picture, Richard D. Friedman Jan 2003

Squeezing Daubert Out Of The Picture, Richard D. Friedman

Articles

In this essay, I will offer some thoughts on how we might reframe the issues governing the admissibility of expert evidence. My principal focus is not on any particular type of expert evidence but on broader questions: the extent to which we ought to rely on rulings of admissibility, the standards that should govern admissibility rulings, and the role of the trial and appellate courts in making those rulings. To some extent, I will concentrate on the context of criminal cases, but for the most part my conclusions apply in both civil and criminal litigation. Here are my conclusions: First, …

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An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson Jan 2003

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …

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Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees Jan 2003

Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees

Fordham Urban Law Journal

The King County formed the Task Force on the Use of Criminal Sanctions as part of the King County Bar Association's Drug Policy Project to examine current criminal sanctions related to the non-medical use of drugs both in Washington and on the federal level. The founders charged the Task Force with the goal of assessing the effectiveness of criminal sanctions in reducing both illegal drug use and drug-related crime, and assessing the public costs associated with the use of criminal sanctions. The Task Force drew specific conclusions regarding the state response to drug use and the provision of drug addiction …

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The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala Jan 2003

The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala

Fordham Urban Law Journal

Although police departments across the country have attempted to ameliorate the hostility between police officers and the cumminity, through careful screening of applicants, minority recruitment, and community policing, police brutality remains a problem within our urban cities. This Essay will first argue that police brutality is largely ignored. Second, it will examine the obstacles facing local and federal prosecutors in obtaining convictions. Then it will compare the advantages and disadvantages of delegating primary responsibility for these cases to the state versus the federal level. Finally, it will argue that, although there are obstacles and advantages for both local and federal …

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Web-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristicsweb-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristics, Kevin M. O'Neil, Steven D. Penrod, Brian H. Bornstein Jan 2003

Web-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristicsweb-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristics, Kevin M. O'Neil, Steven D. Penrod, Brian H. Bornstein

Department of Psychology: Faculty Publications

Previous research has made a beginning in addressing the importance of methodological differences in Web-based research. The present paper presents four studies investigating whether sample type, financial incentives, time when personal information is requested, table design, and method of obtaining informed consent influence dropout and sample characteristics (both demographics and measured attitudes). Undergraduates were less likely to drop out than nonstudents, and nonstudents offered a financial incentive were less likely to drop out than those offered no incentive. Complex tables, tables that were too wide, requests for personal information on the first page, and the imposing of additional informed consent …

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From Jailbird To Jailbait: Age Of Consent Laws And The Construction Of Teenage Sexualities, Kate Sutherland Jan 2003

From Jailbird To Jailbait: Age Of Consent Laws And The Construction Of Teenage Sexualities, Kate Sutherland

Articles & Book Chapters

Age of consent laws provide an obvious example of direct state intervention into the sexual lives of teenagers. But the reach of this body of law extends further than this, operating in complex and contradictory ways that generate a range of distributive effects. For example, the roles that parents and welfare officials play in enforcement decisions have an impact on broader struggles between teenagers, parents, and state officials over teenage sexual activity and sexual values. Further, in those contexts where age of consent laws do not apply or where they are not enforced, teenage sex will be left in the …

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Drug And Alcohol-Related Workload Of Anchorage Patrol Officers: Results From Two Patrol Officer Surveys, Brad A. Myrstol, Matthew Giblin, N. E. Schafer Jan 2003

Drug And Alcohol-Related Workload Of Anchorage Patrol Officers: Results From Two Patrol Officer Surveys, Brad A. Myrstol, Matthew Giblin, N. E. Schafer

Reports

It is widely agreed among criminal justice professionals that alcohol and illegal drugs play a role in patterns of crime, but not much is known about how these substances influence the operation of criminal justice agencies, particularly in the area of policing. This report summarizes the findings of a study of the extent to which drug and alcohol-related incidents formed the workload of Anchorage Police Department patrol officers. The study consisted of two surveys, the first of which asked APD patrol officers to provide their best estimate of the amount of time they spent dealing with alcohol and drug-related activities, …

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