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Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard

Articles & Chapters

Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …

Compendium: Recent Graduate Student Dissertation And Thesis Abstracts, Editors Of Osgoode Hall Law Journal

Osgoode Hall Law Journal

No abstract provided.

Book Review: Indigenous Peoples And Governance Structures: A Comparative Analysis Of Land And Resource Management Rights, By Garth Nettheim, Gary D. Meyers And Donna Craig, Benjamin J. Richardson

Osgoode Hall Law Journal

No abstract provided.

Inside Unlv, Cate Weeks, Diane Russell, Carol C. Harter, Martin Watson

Inside UNLV

No abstract provided.

Judicial Independence And The Ambiguity Of Article Iii Protections, Tracey E. George

Vanderbilt Law School Faculty Publications

Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that together, as the common wisdom goes, shield federal judges from the shifting winds of the more political branches and the public at large. The author of this essay argues, however, that on a closer examination of the protections provided for by the Constitution, judicial independence might be more mirage than truism. Threats to judicial independence arise not only externally through the actions of the other …

Toward Taping, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Numerous authors, from all points on the political spectrum, have advocated that police interrogations be taped. But police rarely record custodial questioning, at least in full, and only a handful of courts have found this failure objectionable. This commentary outlines three different constitutional grounds for mandating that such recording become a routine practice. To set up the constitutional argument, the article first outlines why taping is needed despite the elaborate rules that now govern interrogation. Put simply, the reasoning is as follows: the Miranda regime has failed, voluntariness should once again be the focal point of interrogation regulation, and taping …

Recent Books, Michigan Law Review

Michigan Law Review

Books received by the Law Review.

Communicator, Fall 2003, Wnec Alumni Association

Alumni Magazines

No abstract provided.

Justification And Excuse, Law And Morality, Mitchell N. Berman

Duke Law Journal

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near-consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs and …

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Scholarly Works

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …

Matthew S. Weinert On Crimes Against Humanity: The Struggle For Social Justice By Geoffrey Robertson. New York: The New Press, 1999 (Revised 2002). 658pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Crimes Against Humanity: The Struggle for Social Justice by Geoffrey Robertson. New York: The New Press, 1999 (revised 2002). 658pp.

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.

Illinois State University Salaries Fy2004, Illinois State University

Illinois State University Salaries

Includes four sections: civil service, continuing academic employee, non-tenure track faculty, and non-continuing administrative/professional monthly salaries.

Fact Book 2003, Planning, Research, And Policy Analysis

Fact Book (1988-2019)

Fact Book 2003 for Illinois State University

Law School Announcements 2003-2004, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
• Programs of Instruction
• Curriculum
• Student Activities and Organizations
• Funds and Endowments

Social Disorganization Theory: Examining The Mediating Effects Of Social Ties And Disorder On Crime, Matasha L. Harris

Sociology & Criminal Justice Theses & Dissertations

Using study data collected for a larger research project entitled Project on Policing Neighborhoods in Indianapolis, Indiana, 1996, the relationship between social ties and disorder on neighborhood structural characteristics and crime rates was tested. Using two Structural Equation Models the mediating effects of social ties and disorder on neighborhood structural characteristics and crime received partial support from the analysis of Indianapolis data.

The results revealed that poverty and family disruption exerts a positive impact on crime rates. The results also revealed that neighborhoods with high levels of racial heterogeneity have a negative effect on social ties. As well, the study …

Effects Of Race And Prosecutor's Perceptions Of Victim's Behaviors On Domestic Violence Case Outcomes, Angel K. Williams

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate the effects of race and prosecutor's perceptions of victim's behavior on domestic violence case outcomes. This research utilizes data collected by Belknap and Graham (2000) in a large Midwestern Urban area during 1997-1998. Past literature supports the predictions that race and victim's behaviors affect case outcomes. However, there are no studies that examine either race and victim's behavior or the connection between them.

Analyses revealed that victim's race is not significantly related to case outcome. Perceptions of victim's behavior, however, were significantly related to case outcomes. Additionally, prosecutor's race and level of …

Police Response To Domestic Violence: Does Officer Gender Make A Difference?, Amy Leighann Whitmore

Sociology & Criminal Justice Theses & Dissertations

With domestic violence an increasing problem within the United States, police response to domestic violence has emerged as an important issue in its prevention and treatment. Recent research on police response to domestic violence has yielded conflicting results, with some studies showing that officer gender affects responses. The purpose of this study was to examine the effect that officer gender has on both formal and informal police responses to domestic violence. Incident reports were collected from a police agency to examine responses to domestic violence.

Results indicated that officer gender does have a significant effect upon both formal and informal …

Dignity And Desert In Punishment Theory, Kyron J. Huigens

Articles

No abstract provided.

Illinois State Alumni Magazine, Fall 2003, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman

Hofstra Law Faculty Scholarship

On February 10, 2003, the American Bar Association approved the revised edition of its Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. Their purpose is to articulate the "national standard of practice for the defense of capital cases" ; they "are not aspirational. Instead, they embody the current consensus about what is required to provide effective defense representation in capital cases." Because the ABA does not oppose the death penalty but does believe in justice, it sets as its bedrock criterion the principle that "any jurisdiction wishing to impose a death sentence must at minimum …

A Miscarriage Of Justice In Massachusetts: Eyewitness Identification Procedures, Unrecorded Admissions, And A Comparison With English Law, Stanley Z. Fisher, Ian K. Mckenzie

Faculty Scholarship

Like many other states, Massachusetts has recently known a number of acknowledged miscarriages of justice. This article examines one of them, the Marvin Mitchell case, in order to ask two questions: "What went wrong?" and "What systemic reforms might have prevented this injustice?" In seeking ideas for reform, we look to English law.

In 1990 Marvin Mitchell was convicted of rape in Massachusetts. Seven years later he became the first Massachusetts prisoner to be exonerated by DNA testing. In this article we describe the two key factors leading to Mitchell's wrongful conviction: faulty eyewitness identification procedures, and inadequate safeguards surrounding …

Federal Court Authority To Regulate Lawyers: A Practice In Search Of A Theory Of A, Fred C. Zacharias, Bruce A. Green

Vanderbilt Law Review

Federal courts regulate lawyers, including federal prosecutors, by enforcing various constitutional, statutory, and other legal constraints. Federal courts also adopt and enforce their own disciplinary rules pursuant to rule-making authority delegated by Congress. To what extent, however, do federal courts have independent power, in the absence of an explicit grant of authority, to regulate private lawyers and federal prosecutors? Although lower federal courts have long exercised power both to define and to sanction professional misconduct, the United States Supreme Court has never clarified the source and scope of this authority.

This issue is important for two reasons. First, most federal …

Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps

Vanderbilt Law Review

At least since the M'Naghten case of the 1840s,' Anglo- American criminal law has concerned itself closely, famously, and contentiously with the psychology of the accused. Another significant body of scholarship addresses the psychology of juries, and other valuable research has approached some of the rules of criminal evidence from the perspective of social and cognitive psychology. There has, however, yet to be a general investigation of what social cognition research might teach us about the criminal law's pervasive concern with blameworthiness.

This Article undertakes that investigation. It brings research on the psychology of social cognition to bear on the …

The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone

Vanderbilt Law Review

In the cinematic world of Minority Report, mankind stands on the brink of a society without murder. Police can see the future, predicting murders and arresting perpetrators before they act. This utopian system is the ultimate evolution in preventative policing because it offers perfect prediction; it does not show what people intend to do, only what they will do. Society accepts the incarceration of pre-murderers, people who have committed no crimes, because there is no such thing as the "wrongfully accused.' Is the ability to predict behavior only science fiction, or can a combination of genetic and environmental factors actually …

The New Japanese Law Schools, James R. Maxeiner

ExpressO

Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.

Ua12/2/1 College Heights Herald, Vol. 79, No. 12, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.

• Buckman, Josh. 2,500 People Take to Bowling Green Streets for 10K Classic Events
• Pinkston, Antwon. Students Continue File-sharing Despite Risks
• Hoang, Mai. Insurance Surplus for 2003 Possible
• Lord, Joseph. Lucas Goodrum, Stephen Soules to Have Separate Trials, Judge Says – Katie Autry
• Clark, Ashlee. Student Searches for Bone Marrow Donor – Philip Schardein
• Knowing Facts Would Be a + for Students – Grading System
• Lamar, Mike. Editorial Cartoon re: Grading System
• Crawford, Nick. Regarding a Transpark Letter
• McClarnon, Chad. Not Liking Recent Letters – Katie Autry
• Alfrejd, Cassie. Where …

Flyer News, Vol. 51, No. 7 (Sept. 30, 2003), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton

The Collegian (2003-09-29), Sonia Mejia

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 56, No. 6

Central Florida Future, Vol. 36 No. 04, September 29, 2003

Central Florida Future

Smear campaign escalates as SGA elections begin; Frustration mounts as war drags; Dunlap reflects on coronation plans for year on the road.