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2003

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When Old Meets New: Civil Remedies In The Criminal Context - A New Proposal For Compensating Victims Of Crime, Jean-Pierre A. Laporte, D. Sean Mcgarrity, Jamie Nelson Jan 2003

When Old Meets New: Civil Remedies In The Criminal Context - A New Proposal For Compensating Victims Of Crime, Jean-Pierre A. Laporte, D. Sean Mcgarrity, Jamie Nelson

Journal of Law and Social Policy

No abstract provided.

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Table Of Contents, South Dakota Law Review Jan 2003

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

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Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale Jan 2003

Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale

Fordham Law Review

No abstract provided.

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Jury Sentencing As Democratic Practice, Jenia I. Turner Jan 2003

Jury Sentencing As Democratic Practice, Jenia I. Turner

Faculty Journal Articles and Book Chapters

After a century of reform and experimentation, sentencing remains a highly contested area of the criminal justice system. Scholars as well as the public at large disagree about the proper purposes and functions of punishment, and dissatisfaction with the sentencing status quo is high. Most recent critiques of the sentencing process have focused on the amount of discretion tolerated by the system. This Article goes further in arguing that the source of sentencing discretion is also very important to the legitimacy and integrity of the sentencing process. In the absence of wide consensus on sentencing goals, it is best to …

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Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger Jan 2003

Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

The current right-to-counsel doctrine was developed in the 1970's. It created a bright-line rule still in effect today. The right to counsel attaches only at "critical stages" of a criminal prosecution. Under this critical stage doctrine, the right to counsel only attaches after the initiation of formal adversary proceedings and only applies to confrontations between the accused and the prosecution or law enforcement. In the years following the Supreme Court's development of the critical stage doctrine, national trends of mandatory sentencing and sentencing guidelines revolutionized criminal procedure and dramatically altered the roles of the system's key players.

Now, defense counsel's …

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Unlv College Of Education Multicultural & Diversity Newsletter, Porter Troutman, Nancy P. Gallavan, John Filler, Steven Grubaugh, Jennifer L. Fabbi, Kyle Higgins, Aimee Govett, Jean Henry, Lisa Bendixen, Cecilia Maldonado-Daniels, Deborah Romero, Nancy Sileo Jan 2003

Unlv College Of Education Multicultural & Diversity Newsletter, Porter Troutman, Nancy P. Gallavan, John Filler, Steven Grubaugh, Jennifer L. Fabbi, Kyle Higgins, Aimee Govett, Jean Henry, Lisa Bendixen, Cecilia Maldonado-Daniels, Deborah Romero, Nancy Sileo

College of Education Multicultural & Diversity Newsletter

A newsletter discussing a variety of topics dealing with multicultural topics and diversity in education.

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Post-Atkins Problems With Enforcing The Supreme Court's Ban On Executing The Mentally Retarded, Alexis Krulish Dowling Jan 2003

Post-Atkins Problems With Enforcing The Supreme Court's Ban On Executing The Mentally Retarded, Alexis Krulish Dowling

Seton Hall Law Review

No abstract provided.

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Battle Of The Standards For Experts In Criminal Cases: Police Vs. Psychologists, Jennifer L. Groscup, Stephen D. Penrod Jan 2003

Battle Of The Standards For Experts In Criminal Cases: Police Vs. Psychologists, Jennifer L. Groscup, Stephen D. Penrod

Seton Hall Law Review

No abstract provided.

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Video Voyeurism And The Right To Privacy: The Time For Federal Legislation Is Now, Antonietta Vitale Jan 2003

Video Voyeurism And The Right To Privacy: The Time For Federal Legislation Is Now, Antonietta Vitale

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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Violent Teeth: The Validity And Scientific Basis For Bite Mark Evidence, Kapka Dimitrova Pchelarova Jan 2003

Violent Teeth: The Validity And Scientific Basis For Bite Mark Evidence, Kapka Dimitrova Pchelarova

UNLV Retrospective Theses & Dissertations

Bite marks have become widely used in criminal-cases in the last 10 years due to the fact that greater public attention to dental hygiene and professional dentistry record keeping has increased the number of dental x-rays used for compariSon Dental evidence is accepted in courts, but its validity and the scientific basis for its use as evidence, has been questioned. One problem is the wide variety of dental techniques described in the literature and the lack of direction from both European and American forensic dental organizations; The paper explores the history of scientific evidence, addresses the evidence standards presented in …

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Overcrowding And Its Effects On Inmate Violent Behavior In Prison, John C Devaney Jan 2003

Overcrowding And Its Effects On Inmate Violent Behavior In Prison, John C Devaney

UNLV Retrospective Theses & Dissertations

Prisons in the United States are overcrowded. The problem of overcrowding has worsened as the years have gone on, especially since the war on drugs and determinate sentencing, have become a part of the American Justice System. This overcrowding has led to concerns about what effects it might have on those that are incarcerated. This study looks at the effects this overcrowding has on inmate violent behavior. Prison administrators are charged with providing a safe and secure atmosphere for inmates to serve the time that they are sentenced to by the states and federal governments. If this overcrowding is creating …

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A Vlsi Architecture For Lifting-Based Wavelet Packet Transform In Fingerprint Image Compression, Tao Zhu Jan 2003

A Vlsi Architecture For Lifting-Based Wavelet Packet Transform In Fingerprint Image Compression, Tao Zhu

UNLV Retrospective Theses & Dissertations

FBI uses a technique called Wavelet Scalar Quantization (WSQ), a wavelet packet transform (WPT) based method, to compress its fingerprint images. Though many VLSI architectures have been proposed for wavelet transform in the literature, it is not the case for the WPT. In this thesis, a VLSI architecture capable of computing the WPT is presented for application of WSQ. In the proposed architecture, Lifting Scheme (LS) is used to generate wavelets instead of the traditional convolution filter-bank (FB) specified in original standard. A comparative study between LS and FB shows that quality of images transformed by LS is completely acceptable …

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Power, Legitimation, And Drawing Distinctions: Rendering Of 'Public' And 'Private' In United States Domestic Violence Policymaking, Christina R Drum Jan 2003

Power, Legitimation, And Drawing Distinctions: Rendering Of 'Public' And 'Private' In United States Domestic Violence Policymaking, Christina R Drum

UNLV Retrospective Theses & Dissertations

Contested claims about the public/private distinction have always been central to liberal democratic principles, to feminist ideologies, and (more narrowly) to domestic violence policymaKing Historically, treatment of domestic violence as a phenomenon that is relegated to the so-called 'private sphere' has served as justification for limiting such public policy remedies as prevention, intervention and recovery initiatives; From the grassroots battered women's movements of the 1970s to the current network of shelters, community agencies and advocacy groups, the last several decades have seen significant progress toward increasing public and political awareness of domestic violence. In the United States, many of these …

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The New Mccarthyism: Repeating History In The War In Terrorism, David Cole Jan 2003

The New Mccarthyism: Repeating History In The War In Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …

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Transitional Justice In A New Era Transitional Justice - Northern Ireland And Beyond: Theoretical And International Frameworks, Ruti G. Teitel Jan 2003

Transitional Justice In A New Era Transitional Justice - Northern Ireland And Beyond: Theoretical And International Frameworks, Ruti G. Teitel

Articles & Chapters

No abstract provided.

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Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin Jan 2003

Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin

Articles & Chapters

Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.

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A Historical Perspective Of The Sharia Project & A Cross-Cultural And Self-Determination Approach To Resolving The Sharia Project In Nigeria, Pavani Thagirisa Jan 2003

A Historical Perspective Of The Sharia Project & A Cross-Cultural And Self-Determination Approach To Resolving The Sharia Project In Nigeria, Pavani Thagirisa

Brooklyn Journal of International Law

No abstract provided.

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First Nations And States: Contesting Polities, David E. Wilkins Jan 2003

First Nations And States: Contesting Polities, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The U.S. Supreme Court in an historic case in 1886, U.S. v. Kagama, which devastated tribal sovereignty by affirming the legality of the 1885 Major Crimes Act that problematically extended federal criminal jurisdiction over "all" Indians for seven major crimes—murder, manslaughter, rape, etc., (today that number has increased to 14 crimes)—more accurately declared in that same case that state governments could be characterized as the "deadliest enemies" of indigenous nations.

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International Criminal Law Aspects Of The War Against Terrorism, Michael A. Newton Jan 2003

International Criminal Law Aspects Of The War Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the International Criminal Court Review Conference in 2009. The proper disposition of criminal cases against terrorists is linked to the deeper disputes regarding the applicability of the established frameworks for regulating conflicts and the status of those who have no lawful right to wage war, yet choose to conduct hostilities against sovereign states. This article assesses the established frameworks for addressing transnational terrorist acts in which the …

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Insider Trading: Why To Commit The Crime From A Legal And Psychological Perspective, Emily A. Malone Jan 2003

Insider Trading: Why To Commit The Crime From A Legal And Psychological Perspective, Emily A. Malone

Journal of Law and Policy

No abstract provided.

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Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Kristin Gebelaar, Stacy Caplow, Patricia Fersch, Betty Levinson, Jennifer L. Rosato, Elizabeth M. Schneider, Anthony J. Sebok, Lisa C. Smith Jan 2003

Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Kristin Gebelaar, Stacy Caplow, Patricia Fersch, Betty Levinson, Jennifer L. Rosato, Elizabeth M. Schneider, Anthony J. Sebok, Lisa C. Smith

Journal of Law and Policy

No abstract provided.

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The Serpent Beguiled Me: A History Of The Entrapment Defense, Rebecca Roiphe Jan 2003

The Serpent Beguiled Me: A History Of The Entrapment Defense, Rebecca Roiphe

Articles & Chapters

No abstract provided.

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Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin Jan 2003

Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin

Articles & Chapters

No abstract provided.

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A Jurisprudence Of Dangerousness, Christopher Slobogin Jan 2003

A Jurisprudence Of Dangerousness, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article addresses the state's police power authority to deprive people of liberty based on predictions of antisocial behavior. Most conspicuously exercised against so-called "sexual predators," this authority purportedly justifies a wide array of other state interventions as well, ranging from police stops to executions. Yet there still is no general theory of preventive detention. This article is a preliminary effort in that regard. The article first surveys the various objections to preventive detention: the unreliability objection; the punishment-in-disguise objection; the legality objection; and the dehumanization objection. None of these objections justifies a complete prohibition on the state's power to …

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Rethinking Legally Relevant Mental Disorder, Christopher Slobogin Jan 2003

Rethinking Legally Relevant Mental Disorder, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The law insists on maintaining mental disorder as a predicate for a wide array of legal provisions, in both the criminal justice system and the civil law. Among adults, only a person with a "mental disease or defect" can escape conviction for an intentional, unjustified crime on grounds of cognitive or volitional impairment.' Only people with "mental illness" or "mental disorder" may be subjected to indeterminate preventive commitment based on dangerousness. Under the laws of many states, only people with a mental disorder are prevented from making decisions about treatment, criminal charges, wills, contracts, and a host of other important …

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Teaching A Course On Regulation Of The Police (With A Special Focus On The Sixth Amendment), Christopher Slobogin Jan 2003

Teaching A Course On Regulation Of The Police (With A Special Focus On The Sixth Amendment), Christopher Slobogin

Vanderbilt Law School Faculty Publications

The organizers of this symposium gave us the choice of writing about effective assistance of counsel or about teaching criminal procedure. I've decided to do both. This article discusses teaching the criminal procedure course most often called "Police Practices," for which I write a textbook entitled Regulation of Police Investigation: Legal, Historical, Empirical and Comparative Materials.' Borrowing heavily from the Teacher's Manual for that book, the first part of this article describes my general philosophy for teaching the course. The rest of the article illustrates this philosophy by describing how I teach students about the application of the Sixth Amendment …

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The Structure Of Expertise In Criminal Cases, Christopher Slobogin Jan 2003

The Structure Of Expertise In Criminal Cases, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This essay, part of a two-issue symposium on the implications of Daubert v. Merrell Dow Pharmaceuticals and its progeny, is built around three propositions about expert testimony and criminal cases. First, the "Daubert trilogy's" focus on verifiability as the threshold for expert testimony pushes the criminal justice system away from the notion that knowledge is socially constructed and toward a positivist epistemology that assumes we can know things objectively. Second, in the long run, that development will be good for prosecutors and bad for criminal defendants, given the different types of expertise on which they rely. Third, the consequence of …

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The Origins Of Felony Jury Sentencing In The United States, Nancy J. King Jan 2003

The Origins Of Felony Jury Sentencing In The United States, Nancy J. King

Vanderbilt Law School Faculty Publications

All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted jury sentencing. In 1786, Pennsylvania became the first state to adopt discretionary terms of hard labor and imprisonment as the primary punishment for felony offenses-delegating to judges the authority to select those terms. In 1796, Virginia opted for jury sentencing, while New York followed Pennsylvania's lead. After 1796, with both Pennsylvania's judge sentencing and Virginia's jury sentencing models to choose from, New Jersey and all of …

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Every Day Is Halloween: A Goth Primer For Law Enforcement, Gordon A. Crews Jan 2003

Every Day Is Halloween: A Goth Primer For Law Enforcement, Gordon A. Crews

Criminal Justice Faculty Publications

The following article is based upon field research conducted by Dr. Gordon A. Crews dealing with juveniles and young adults involved in the “Goth” lifestyle across the United States. This research is part of his ongoing efforts over the last decade to examine the impacts of alternative lifestyles, beliefs, and practices upon juvenile delinquency and violence. Most of the information in this article has been derived from face-to-face interviews with individuals aged 13 to 39 years of age proclaiming to be Goth, Vampires, Satanists, Pagans, Wiccans, New Agers, Druids, and a myriad of other occult-based identities.

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Tough Love: Nurturing And Coercing Responsibility And Recovery In California Drug Courts, Stacy Lee Burns Jan 2003

Tough Love: Nurturing And Coercing Responsibility And Recovery In California Drug Courts, Stacy Lee Burns

Sociology Faculty Works

This article considers the activities of the participants in California drug treatment courts and their differences from more traditional criminal courts. The article focuses on how drug court judges and defendants interact to construct the defendant as a personally responsible and rehabilitatively changed "recovering" person, or, alternatively, as an essentially "addicted" and deficient self. The research also explores broader links between the ways drug courts operate and the potential complications involved in mixing coerced treatment and "voluntary" participation. The study finds that certain kinds of defendants may be discovered to be unsuitable for participation in the program; that clients negotiate …

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