Digital Commons Network^™

Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant

Villanova Law Review (1956 - )

No abstract provided.

Communicator, Winter 2003, Wnec Alumni Association

Alumni Magazines

No abstract provided.

Limiting The Right To Procreate: State V. Oakley And The Need For Strict Scrutiny Of Probation Conditions, Devon A. Corneal

Seton Hall Law Review

No abstract provided.

The Supreme Court's "Criminal" Daubert Cases, Paul C. Giannelli

Seton Hall Law Review

No abstract provided.

The Relationship Between Bail Decision-Making And Legal Representation Within The Criminal Justice System, Alfred Allan, Maria M. Allan, Margaret Giles, Deirdre Drake

Research outputs pre 2011

The primary aim of this study was to examine the relationship between legal representation and bail decision-making within the criminal justice system in Western Australia. In doing so it was necessary to "rule out" a number of other factors and this process provided the opportunity to test whether some of the factors mentioned in the literature, such as age and race, have an independent effect on bail decision-making. The data also provided a valuable snapshot of bail decision-making in the Courts of Petty Sessions and the Perth Children’s Court...

Criminal Jurisdiction, Tribal Courts And Public Defenders, Robert T. Anderson

Articles

The impetus for this presentation is the establishment of the Tribal Court Criminal Defense Clinic by the University of Washington School of Law and its Native American Law Center. The Clinic is the public defender for the Tulalip Tribes of Washington. Eight students take the year long clinic and after ten weeks of preparation are appointed as counsel to defendants in tribal court prosecutions under the supervision of the clinic director. The joint effort of the Tribes and the School of Law is a direct product of the Indian self-determination era and reflects the Tribes' decision to increase their law …

In Re Stanford: Do Evolving Standards Of Decency Under Eighth Amendment Jurisprudence Render Capital Punishment Inapposite For Juvenile Offenders, Jeffrey M. Banks

South Dakota Law Review

No abstract provided.

South Dakota Criminal Justice: A Study Of Racial Disparities, Richard Braunstein, Steve Feimer

South Dakota Law Review

No abstract provided.

From Violent Crime To Terrorism: The Changing Basis Of The Federal, State And Local Law Enforcement Dynamic, Daniel C. Richman

Faculty Scholarship

Two lines of questions dominate discussions about how the nation ought to respond at home to the new (or rather newly perceived) terrorist threat: How do we ensure that information about potential terrorist activities is effectively gathered, shared, and used? And how do we ensure that the Government neither abuses the investigative authority we give it, nor demands more authority than it needs? Each line can profitably be pursued in its own terms. Yet to keep the conversations separate is to miss seeing how the very process of creating an effective domestic intelligence network may introduce a salutary level of …

The Phenomenon Of Woman-On-Woman Abuse And Its Relationship To Gender Profile And Personal Experiences Of Women, Deborah Johnson Spence

Dissertations

Purpose of the Study. Female-on-female aggression is often inferred, or drawn from studies conducted with children or males. Little or no information is available that reports behaviors perceived as mistreatment or abuse among women. The purposes of this study were to investigate (a) behaviors demonstrated by women that women consider abuse or mistreatment; (b) the extent to which these perceptions of abuse/mistreatment were related to gender profiles; and (c) the extent to which personal experiences as victims or perpetrators of abuse were related to age, race, and education.

Method. This study used the survey research method in which questionnaires …

Juror Information On The Web: A Study Of Hispanic Populated Texas Counties, Irma S. Jones, Janna Arney, Dianna Blankenship

Teaching and Learning Faculty Publications

In response to the initiative of providing juror education materials online, this study proposes that unless Web sites are designed in a usable fashion, this initiative could fail to enhance jury response and further aggravate the problem of underrepresentation by minorities. This study suggests that all online juror information Web sites be analyzed for “usability” and “design” if they are to be an effective education tool. In addition, this study proposes to compare responses to county Web sites in order to gauge bias responses of participants to their own county’s Web site vs. other county Web sites.

Professional Identity: Comment On Simon, Daniel C. Richman

Faculty Scholarship

Lord Brougham – the icon of zealous advocacy, who saw it as his duty to “save [his royal] client by all means and expedients and at all hazards and costs to other persons and, among them, to himself” – would not last long in a Cuban criminal court today. The question is, how comfortable would he be in a drug treatment court? Could he do his job? How well would he do it? Would he want to? And should we care if he couldn't and wouldn't?

These are all questions raised by William Simon's trenchant exploration of the challenges that …

Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan

Faculty Scholarship

In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …

Atkins, Adolescence, And The Maturity Heuristic: Rationales For A Categorical Exemption For Juveniles From Capital Punishment, Jeffrey A. Fagan

Faculty Scholarship

In Atkins v. Virginia, the U.S. Supreme Court voted six to three to bar further use of the death penalty for mentally retarded offenders. The Court offered three reasons for banning the execution of the retarded. First, citing a shift in public opinion over the thirteen years since Penry v. Lynaugh, the Court in Atkins ruled that the execution of the mentally retarded is "cruel and unusual punishment" prohibited by the Eighth Amendment. Second, the Court concluded that retaining the death penalty for the mentally retarded would not serve the interest in retribution or deterrence that is essential to capital …

Screening Versus Plea Bargaining: Exactly What Are We Trading Off?, Gerard E. Lynch

Faculty Scholarship

I was delighted to be invited to comment on Ronald Wright and Marc Miller's important and instructive article, The Screening/Bargaining Tradeoff. Those familiar with the authors' work, including their original and fascinating criminal procedure casebook, will be unsurprised by many of the article's virtues, including a focus on empirical examination of real-world practice and (perhaps a special case of that more general virtue) attention to practices at the state and local level, where most criminal law enforcement actually occurs. Wright and Miller develop some interesting insights into the potential for changes in plea bargaining practices that have frequently been …

Assessing International Criminal Adjudication Of Human Rights Atrocities, Diane Marie Amann

Scholarly Works

These remarks were presented on January 5, 2001, as part of a panel on international criminal adjudication at a conference entitled "Into the 21st Century: Reconstruction and Reparations" in Cape Town, South Africa.

The United States joined a number of countries that rushed to sign the treaty to establish the International Criminal Court. They included states like Yemen, Iran, and Israel. These three, along with the United States, were among the few that had refused to vote in favor of the treaty when it was adopted at a diplomatic conference in Rome in 1998. By the end of 2000, 139 …

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt

Faculty Scholarship

The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …

From The Ne'er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard Harcourt

Faculty Scholarship

Criminal law in the United States experienced radical change during the course of the twentieth century. The dawn of the century ushered in an era of individualization of punishment. Drawing on the new science of positive criminology, legal scholars called for diagnosis of the causes of delinquency and for imposition of individualized courses of remedial treatment specifically adapted to these diagnoses. States gradually developed indeterminate sentencing schemes that gave corrections administrators and parole boards wide discretion over treatment and release decisions, and by 1970 every state in the country and the federal government had adopted a system of indeterminate sentencing. …

Barriers To Reliable Credibility Assessments: Domestic Violence Victim-Witnesses, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This Article examines the challenges for victims of domestic violence appearing in court when the victim presents differently than the paradigmatic domestic violence victim. In particular, this Article analyzes the strategic dilemma of presenting a victim who refuses to admit (or cannot access or does not experience) fear of the batterer, and the victim who feels anger towards her assailant.

This Article addresses possible policy and tactical responses to this challenge. Suggesting legislative changes that eliminate requirements that victims prove subjective fear of a battering partner, the Article further analyzes the use of expert witnesses to assist jurors and judges …

Spousal Abuse: Vietnamese Children’S Reports Of Parental Violence, Yoko Baba, Susan B. Murray

Faculty Publications, Sociology

This exploratory study used mailed questionnaires completed by 131 Vietnamese students to examine domestic violence patterns in parents' marital relationships. Research objectives included: (1) gaining an understanding of spousal abuse among Vietnamese couples; and (2) assessing which variables (demographic characteristics, decision-making power, and cultural adaptation, beliefs in traditional gender roles, and conflicts in the family) are correlated with spousal abuse. Findings suggest that although both parents used reasoning, mental abuse and physical abuse in their marital relationships, Vietnamese fathers were more likely to be physically abusive than mothers. Additional variables associated with family conflicts are also examined. Research implications and …

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Children And Family Values : A Critical Appraisal Of 'Family' In Schools, Rowena Alexandra Passy

Other Faculty of Arts, Humanities and Business Theses

Prompted by the Labour government's proposal to introduce education on family relationships into the National Curriculum, this research project was set up to investigate how teachers portrayed 'family' within the classroom and the reactions that children had to the images that were presented. The intention was to highlight any problems that might arise from including 'family' into the formal curriculum. The fieldwork was conducted in three primary and three secondary schools. Two of each of the schools were located in the West Country and the remaining two, in order to give some ethnic and cultural balance to the project, were …

Security And Freedom: Are The Governments' Efforts To Deal With Terrorism Violative Of Our Freedoms?, David Cole

Georgetown Law Faculty Publications and Other Works

One of the most common things that is said about September 11th is that it changed everything. In some respects, that is true. In the most important respects it would be more accurate to say it has changed everything for some, far more than it has for others. One instance of that can be seen in a pole that National Public Radio did one year after September 11th. They asked people to what extent their life had changed. They asked them whether they had to give up any important rights or freedoms in the war on terrorism. Only seven percent …

A Healer Or An Executioner: The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin

All Faculty Scholarship

This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics. Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice in …

Rethinking Theft Crimes In Virginia, John G. Douglass

Law Faculty Publications

In sum, despite the efforts of the General Assembly, Virginia law remains stuck between the "rock" of antiquated theft crimes and the "hard place" of due process. Tinkering with procedural rules merely masks the real problem. My aim in this article is to suggest a different approach. It is time to address the substantive definition of theft crimes in Virginia: to consolidate the crimes of larceny, embezzlement, and false pretenses-as most other American jurisdictions have done into a single offense. By dealing with substance rather than procedure, we can eliminate historical distinctions which serve only to confound prosecutors and complicate …

Undergraduate Catalog 2003-2004, University Of North Florida

UNF Course Catalogs

No abstract provided.

A Study To Identify The Attributes Of Police Strategies And The Related Leadership Styles In Order To Address The Quality Of Life Issues In Police Organizations And The Community, John Christopher Gregory

Theses and Dissertations

This research identified and examined the attributes of police strategies and the related leadership styles in an attempt to develop a model that would benefit police organizations and the community in an effort to have a positive impact on the quality of life of all citizens in the community.

It was a qualitative study that utilized literature from the law enforcement community, the business community, the athletic community, as well as the military community. Personal law enforcement and military experience was considered in order to bring an intimate view of leadership in times of peril and crisis into the text. …

Actual Innocents: Considerations In Selecting Cases For A New Innocence Project, Daniel S. Medwed

Nebraska Law Review

I. Introduction . . . . . 1098

II. Practical Considerations . . . . . 1102

A. Defining Your Scope: Determining What Kinds of Cases You Want . . . . . 1103

1. Substance: Limitations on Case Content . . . . . 1104

2. Form: Procedural, Jurisdictional, and Other Limitations . . . . . 1109

B. Putting Theory into Practice: How Do You Get the Cases You Want? . . . . . 1114

1. Inflow: Gathering Prospective Innocence Claims . . . . . 1114

2. Outflow: Procedures for Evaluating Potential Cases . . . …

Gvsu Undergraduate And Graduate Catalog, 2003-2004, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2003-2004 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.