Digital Commons Network^™

Restorative Cautioning, Theories Of Reintegration, And The Influence Of Japanese Notions Of Shame, Benjamin J. Goold

All Faculty Publications

This article explains some of the central notions of restorative justice, drawing particular attention to the influence of Japanese notions of shame and community on cautioning practices in Britain and elsewhere.

Public Area Surveillance And Police Work: The Impact Of Cctv On Police Behaviour And Autonomy, Benjamin J. Goold

All Faculty Publications

Drawing on a recent study of the impact of closed circuit television (CCTV) cameras on policing practices in a large English police force, this paper considers whether the presence of surveillance cameras affects the working attitudes and behaviour of individual police officers. In particular, this paper asks whether CCTV makes the police more accountable or more cautious in the exercise of their discretion in public spaces. Although noting that in certain circumstances CCTV may inadvertently help to reduce incidences of police misconduct, this paper concludes by arguing that more needs to be done to prevent the police from interfering with …

Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy

Faculty Scholarship

The military is currently prohibited by federal statute from participating in domestic law enforcement. The Posse Comitatus Act of 1878 ("PCA") establishes criminal penalties for people who willfully use members of the Army or the Air Force to execute the laws. Although a product of the Reconstruction Era, this law reflects a strong American tradition against the domestic use of the military that stretches back before the founding of the nation.

Case Study Of Public School 370 And Implementation Of An Education Program For Disabled 18- To 21-Year-Old Detainees, Dawn A.J. Downing

Abraham S. Fischler College of Education ETD Archive

This applied dissertation describes an alternative public high school for adjudicated youth. This report discusses the legal and social issues that justify the need for the implementation of an education program for 18- to 21-year-olds detained in the Baltimore City Detention Center. Analysis of internal and external data sources indicated the need for this case study.

The focus of this study was creating a learning community where educational staff and security staff work together to provide an appropriate education for adjudicated students. The relationship between educators and correctional staff can be an uneasy one when the security and education staffs …

Evaluation Of The Utilization And Usefulness Of Chaos Theory In Human Services Education And Professional Practice At Western Washington University, Trula Morehead Nicholas

Abraham S. Fischler College of Education ETD Archive

The study evaluates the utilization and usefulness of chaos theory in human service education and professional practice. One purpose of this study was to determine if current and former students in the Human Services Department at Western Washington University use the concepts outlined in chaos theory in the delivery of human services. A second purpose was to discover if chaos theory is being incorporated into the curriculum of other human service education programs that grant four-year degrees.

Methodologies used in this study included the summative evaluation methodology, the development methodology, and the ex post facto research methodology. Surveys were sent …

Developing A Support-Based Program To Decrease The Complaints Of Racial Profiling In The Miami-Dade Police Department, Richard E. Holton

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to focus on the problem that African American citizens are complaining about being stopped and detained unnecessarily by police officers and treated unfairly for no apparent reason in Miami-Dade County. National police organizations, special interest groups, and local citizens have defined this action as Racial Profiling or Driving While Black (DWB). The Miami-Dade County Commission adopted a resolution prohibiting racial profiling; however this problem continues to exist. Minorities have argued in town hall meetings and filed complaints, indicating that the criminal justice system has been insensitive to what appears to be a system that supports …

Materiality Guidance In The Context Of Insider Trading: A Call For Action, Joan Macleod Heminway

American University Law Review

No abstract provided.

The Sentences That Bind (The States), James Sample

Hofstra Law Faculty Scholarship

In certain circumstances, federal district court judges impose criminal sentences that are required to be consecutive to yet-to-be-imposed state criminal sentences, including those state sentences that may, in fact, never be imposed. The federal courts of appeals are divided as to whether such sentences are statutorily authorized under the applicable provision, 18 U.S.C. § 3584(a). This Note argues that the sentences are not authorized under the statute, and further, that the sentences infringe on states' and defendants' rights.

Book Review: Torture As Tort: Comparative Perspectives On The Development Of Transnational Human Rights Litigation, By Craig Scott (Ed), François Larocque, Mark C. Power

Osgoode Hall Law Journal

No abstract provided.

Book Review: Policing And Punishment In London, 1660-1750: Urban Crime And The Limits Of Terror, By John M. Beattie, Jim Phillips

Osgoode Hall Law Journal

No abstract provided.

Parents, Educators, Law Enforcement, And Participation In Delinquent Behavior: Gender Socialization And Views Of Life Changes, Jolie Marie Imler

Dissertations and Theses @ UNI

The task of the proposed research is to determine the extent parents, educators, law enforcement, and participation in delinquent behavior influence responses of youth toward their hopefulness for the future and likelihood of attending college and whether the relationships differ by gender. Using gender socialization, social capital, and labeling theories as theoretical backgrounds, it is anticipated that contradictory socialization patterns, gendered access to social capital, and labels influence the resources and responses of female juveniles when considering hopefulness for the future and the likelihood of attending college. The proposed study will use secondary data comprised of youth either adjudicated delinquent …

To Read Or Not To Read: The Usefulness Of Informed Consent, Natasha E. Webb, Elizabeth D. Taylor

Modern Psychological Studies

Informed consent is an important ethical factor for medicine, psychology, and other needed disciplines. It is necessary for participants to understand an intended research project or procedure in which they plan to take part. This study examined the usefulness of informed consent by administering such a form prior to an irrelevant questionnaire. A simple task was inserted into the reading, which allowed assessment of whether participants actually read the form. Results obtained through the experiment supported the hypothesis that the majority of the participants would not read the consent form. While less than half of each sex actually read the …

The Relationship Between Correctional Officers' Personality And Job Satisfaction, Performance, And Turnover, Robin A. Lemmon

All-Inclusive List of Electronic Theses and Dissertations

This study examined correctional officers' personality and job satisfaction, performance, and turnover. Two hundred newly hired correctional officers from 9 facilities across a Midwestern state were administered the 16 Personality Factor Questionnaire (16PF). They were contacted 3 to 5 months after their date of hire and then again 6 to 8 months after their date of hire to complete the Minnesota Satisfaction Questionnaire (MSQ). At that time employment status and performance evaluations were also collected. A discriminant function analysis was used to identify which of the five global factors from the 16PF discriminated between correctional officers who stayed, those who …

Independent Review Of The Crimes (Forensic Procedures) Act 2000, Mark Findlay

Research Collection Yong Pung How School Of Law

This Report focuses on the use of forensic procedures in the criminal justice system. It arises out of the requirement under section 122 of the Crimes (Forensic Procedures) Act 2000 (the Act) that the Minister (the Attorney General) review the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

Using Natural Language Parsers For Authorship Attribution, Westerly A D Magnera

Theses

The goal of authorship attribution is to find a set of unconscious writing characteristics or style features that distinguish text written by one person from text written by another. Once these features are found, they can be used to pair a text with the individual who wrote it. It is now well accepted that authors develop distinct and unconscious writing features. Over one thousand stylometric features (style markers) have been proposed in a variety of research disciplines [44] but none of that research has looked at the syntactic structure of the text. I conjectures that the distinct writing features of …

Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes

All Faculty Publications

This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …

Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon

Journal of Dispute Resolution

I readily acknowledge that the UMA is a bold and noble project, and it is certainly the result of substantial effort and compromise. Indeed, I largely concur with the sentiment of Philip Harter that "[tihe UMA is the product of heroic effort that brought together many interests and perspectives to thrash out a workable framework for mediation." That being said, however, much of the Texas mediation community, of which I am a part, has largely opposed enactment of the UMA's framework for our state. As I have written previously, the Alternative Dispute Resolution Section of the State Bar of Texas …

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Vanderbilt Law Review

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistle- blower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak. The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Does Punishment For "Culpable Indifference" Simply Punish For "Bad Character"? Examining The Requisite Connection Between Mens Rea And Actus Reus, Kenneth Simons

Faculty Scholarship

The conventional mental state or culpability categories recognized in the criminal law are purpose, knowledge, recklessness, and negligence. Should the law also recognize as an additional category some version of "culpable indifference"? Yes, according to a number of scholars; and some courts have also recognized this category, especially in the context of depraved heart murder. Culpable indifference can describe a modestly culpable mental state, sufficient for manslaughter liability (or, with respect to a circumstance element, roughly equivalent in seriousness to cognitive recklessness). It can also identify a more aggravated form of culpability, sufficient for murder (or, with respect to a …

Towards A Legal History Of American Criminal Theory: Culture And Doctrine From Blackstone To The Model Penal Code, Gerald F. Leonard

Faculty Scholarship

Long before the birth of American law, English criminal jurisprudence had firmly established the general proposition that crime required not just a guilty act but a guilty mind. Coke’s maxim to that effect, actus non facit reum nisi mens sit rea, is still frequently deployed by courts and scholars alike. So is the phrase coined by Blackstone to describe that guilty mind: the “vicious will” that must be present for an act to become a crime. In another great maxim, however, Holmes said that “general propositions do not decide concrete cases.” It is not too shocking, then, that these general …

Should The Model Penal Code's Mens Rea Provisions Be Amended?, Kenneth Simons

Faculty Scholarship

The Model Penal Code approach to mens rea was a tremendous advance. The MPC carefully defines a limited number of mens rea terms, firmly establishes element analysis in place of offense analysis, and recognizes that the doctrine of mistake is part and parcel of the basic analysis of mens rea.

However, a revised Code could improve the drafting of the mens rea provisions in a number of respects:

* Clarify how to distinguish result, circumstance, and result elements

* Simplify the definitions of knowledge and purpose

* Perhaps eliminate the category of mens rea as to conduct

* Clarify the …

Drug Wars In Black And White, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies

Articles by Maurer Faculty

No abstract provided.

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Revenge Or Mercy? Some Thoughts About Survivor Opinion Evidence In Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

UC Law Journal

As tort reforms have decreased plaintiffs' opportunities to recover for injuries and deaths arising from popular "extreme" sports, prosecutors have become more willing to bring criminal charges against participants in these inherently dangerous sports. This Article explores the emerging tensions between the popularity of these sports and the prosecutorial decisions resulting in the charging and conviction of "extreme" sport athletes deemed responsible for recreational injuries and fatalities.

Demonstrating the increasing popularity of "extreme" sports and examples of injury and death resulting from them, this Article shows that tort reform and the economic influence of service providers, such as ski areas, …

Revisiting The 1992 Los Angeles Riots: An Analysis Of Geographical Perspectives, Paul Watts

LSU Master's Theses

The intent of this thesis is to investigate the complexities of the 1992 Los Angeles riots from a spatial perspective. To study the 1992 Los Angeles riots is an attempt to understand dynamic and unpredictable events, events that can result in multiple deaths, vast property damage, and leave irrevocable scars on a community for years. It is these reasons that should call geographers to the challenges of studying riots. Part of this thesis is to critically evaluate previous quantitative work on the 1992 Los Angeles riots and to argue for a new investigative approach in understanding riots in general. My …

Where Involuntary Commitment, Civil Liberties, And The Right To Mental Health Care Collide: An Overview Of California's Mental Illness System, Meredith Karasch

UC Law Journal

This Note provides an overview of California's mental health care system. It discusses the history of the civil liberty movement as it pertains to mental health care and its impact on the current system. The Note argues that the present system is inadequate because of the obstacles to obtaining treatment and, when it is available, the poor quality of mental health care. This Note also explores the societal consequences of the current system and offers some alternatives.

This Note does not argue for confinement without cause or without safeguards. Rather, in an effort to throw some light on a very …