Digital Commons Network^™

No.19 An Order Establishing The Governor’S Task Force On The Use Of Enhancement Factors In Criminal Sentencing, Phil Bredesen

Executive Orders

No abstract provided.

The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller

Cardozo Journal of Equal Rights & Social Justice

The note argues that the U.S. prison system perpetuates patriarchy and uses rape as a tool of social control, with the deliberate indifference standard under the Eighth Amendment failing to hold prison officials accountable for preventing sexual violence. It critiques the systemic failure to address prison rape, emphasizing its roots in patriarchal structures and the need for systemic change.

It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Prison Litigation Reform Act (PLRA)'s requirement of a physical injury for prisoners to seek damages for mental or emotional harm creates a significant barrier for rape victims, particularly women, in pursuing justice. The author advocates for amending the PLRA to explicitly recognize rape as a compensable injury, ensuring that victims can seek redress without unnecessary procedural hurdles.

Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's decision in Lawrence v. Texas, which invalidated a Texas antisodomy statute criminalizing homosexual conduct. The Court held that the statute failed rational basis review and rejected the promotion of majoritarian sexual morality as a legitimate state interest. The decision reflects a broader recognition of the fundamental right to make autonomous, private, consensual, adult sexual choices. The analysis critiques Justice Scalia's dissent, arguing that his fears about the end of morals legislation are unfounded and that laws based solely on moral disapproval lack a rational basis.

The Law Professor As Legal Commentator, Amy Gajda

Faculty Scholarship

No abstract provided.

Socialization And Community Reintegration In The Prison Population, Wendy Kappenman, Melissa Violette

Occupational Therapy Capstones

No abstract provided.

Senate Passes Legislation Geared Towards Improving Treatment Of Mentally Ill Offenders, Michelle Lammers

Public Interest Law Reporter

No abstract provided.

Victims' Rights Amendment…Who Is The Real Victim?, Alexis Reed

Public Interest Law Reporter

No abstract provided.

The Mentally Ill Offender: A Brighter Tomorrow Through The Eyes Of The Mentally Ill Offender Treatment And Crime Reduction Act Of 2004, Ralph M. Rivera

Journal of Law and Health

Beginning in the early 1950s and '60s, states began to close their public mental health hospitals. This process was known as "deinstitutionalization." In recent years, following the massive wave of deinstitutionalization, a substantial number of institutionalized persons with mental disabilities were relocated from civil mental hospitals into jails and prisons, Despite this shift in population, correctional facilities remain ill-equipped to handle and deal with offenders with mental disabilities. One study found that approximately 6.5-10% of inmates suffered from a serious mental illness, while another 15-40% suffered from a moderate mental illness. Another study done by the Bureau of Justice Statistics …

Theories Of Therapeutic Evolution For Juvenile Drug Courts In The Face Of The Onset Of The Co-Occurrence Of Mental Health Issues And Substance/Alcohol Abuse, David L. Harvey Iii

Journal of Law and Health

The purpose of this Note is to review two specific and newly emerging therapeutic courts: juvenile mental health courts and juvenile drug courts. It will explain how and why a mental health element should be implemented into the juvenile drug court system. Part II of this Note will give a historical and procedural overview of juvenile drug courts. These procedures will draw mainly from the newly formed Medina County Juvenile Drug Court, located in Medina, Ohio. Part III will explain the origination and procedures currently employed by juvenile mental health courts, as they relate specifically to Santa Clara's Court for …

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin Priester

Journal Publications

Every year hundreds of thousands of convicted criminal defendants are sentenced for their crimes, often through the implementation of a broad range of laws of relatively recent vintage such as mandatory minimum provisions and regulations of judicial discretion like the Federal Sentencing Guidelines. The policies underlying these sentencing laws are perhaps the most hotly contested issues in all of criminal procedure, with legislative amendments and calls for reform being made every year. Despite their tremendous importance and the constant political activity concerning them, however, the constitutionality of these laws is surprisingly uncertain-the United States Supreme Court has heard an astounding …

2004 Aasu Baseball Guide, Armstrong State University

Armstrong Athletics: Men's Baseball Records (Archived)

No abstract provided.

Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

An Analysis Of A Spatial Relationship Between Homeownership And Crime: A Case Of The North End Of Providence, Rhode Island, Masatoshi Nakahata

Open Access Master's Theses

This research project examines the spatial relationship between homeownership and crime. The first chapter states the Problem Statement, Objective and Significance of the study, and Organization of the study.

The second chapter discusses previous literature related to the study. The four related fields of the literature discussed are, 1) urban neighborhood and crime, 2) built-social environment of urban neighborhood and crime, 3) homeownership and built social environment of urban neighborhood, and 4) homeownership and crime in urban neighborhoods.

The third chapter inventories the existing conditions of the North End. It begins with the historical context of the North End. Then, …

A Death Sentence For Justice: The Feeney Amendment Frustrates Federal Sentencing, Patrice Stappert

Villanova Law Review (1956 - )

No abstract provided.

Psychopaths In The Courtroom: A Preliminary Report On Judicial Sentencing For Violent Offenses, John Traxler

McNair Scholars Journal

Every day, judges are faced with making decisions about a defendant’s potential risk as it relates to setting bail, sentencing, and a variety of other contexts. In making these decisions, judges must balance issues of fairness and protection of the individual rights of the accused with protection of society from dangerous predators who may commit future acts of physical or sexual violence. As professionals who are not specifically trained in violence assessment, judges must rely on others, including probation agents, attorneys, and expert witnesses, for information to assist in their decision-making. Through expert witnesses and up-to-date training of criminal justice …

Return To Europe? The Czech Republic And The Eu's Influence On Its Treatment Of Roma, Matthew D. Marden

Vanderbilt Journal of Transnational Law

The Czech Republic has faced much criticism in the past fifteen years for the treatment of its Romani minority community. The European Union has successfully applied informal, non-legal means of pressuring the Czech Republic into making some changes necessary to improve living conditions for Roma. With the Czech Republic's recent accession to the European Union, legal human rights institutions will likely play a larger role in ensuring that the Czech Republic continues to improve conditions for Czech Roma. The Author uses a case brought by a group of Roma at the European Court of Human Rights to demonstrate the potential …

Judicial And Law Review Citation Frequencies For Articles Published In Different "Tiers" Of Law Journals: An Empirical Analysis, Gregory Scott Crespi

Santa Clara Law Review

No abstract provided.

Prison Work, Wages, And Catholic Social Thought: Justice Demands Decent Work For Decent Wages, Even For Prisoners, William P. Quigley

Santa Clara Law Review

No abstract provided.

Kentucky's Perpetual Prisoner Machine: It's About Money, Stephen C. Richards, James Austin, Richard S. Jones

Social and Cultural Sciences Faculty Research and Publications

Kentucky is currently facing a severe budget crisis and is seeking ways to lower its prison and community corrections costs. This article focuses on our study of the prison and parole experience of men and women in Kentucky. What we found is a virtual “perpetual incarceration machine” where prisoners are recycled from prison to parole and back to prison. The following discussion includes: Kentucky's prison population continues to grow, parole failure, methods, description of interview samples, interview data, the structure producing parole failure, and Kentucky's perpetual incarceration mechine. Based on our findings, several promising reforms are recommended that if implemented …

2004-2005 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber

Publications

Modern criminal law is intensely one-sided in its treatment of victims and defendants. Crime victims and criminal defendants do not enter the trial process on an equal moral footing. Rather, from the beginning victims are assumed blameless, truthful, and even beyond doubt, while defendants are guilty, not worthy of credence, and immoral. This one-sided view of victims, however, is a fiction. As any other people, victims differ in their characterizations. Some are indeed trustworthy, truthful, blameless and ultimately innocent. Others, however, are bad actors themselves, have memory failures, falsely identify, provoke, and even lie. Some victims are in fact, and …

Michael Whiteman V. Clint Friel, Warden, Utah Board Of Pardons : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

Appeal from the Final Judgment of the Third Judicial District Court, Salt Lake County State of Utah, by the Honorable L.A. Dever

Lorin Blauer V. Utah Department Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Sergio Llamas Rodriguez V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE DISMISSAL,WITH PREJUDICE, OF A PETITION FOR POSTCONVICTION RELIEF IN THE THIRD JUDICIAL DISTRICT, SALT LAKE COUNTY, THE HONORABLE ANTHONY B. QUINN PRESIDING

State Of Utah V. Genaro Pantoja Corvera : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT Appeal from Order Denying Defendant's Motion for New Trial, which was entered on September 27, 2004, in the Second District Court, Davis County, the Honorable Thomas L. Kay, presiding.

State Of Utah V. Abigail Flores Gonzales : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

DEFENDANT/APPELLEE DEFENDS AN ORDER DISMISSING A CHARGE OF DRIVING UNDER THE INFLUENCE OF WITH PRTORS. A THmD DEGREE FELONY, LN VIOLATION OF UTAH CODE ANN. SEC. 41-6-44 (SUPP 2003), A THIRD DEGREE FELONY, IN THE SEVENTH JUDICLAL DISTRICT COURT IN AND FOR EMERY COUNTY, THE HONORABLE BRUCE K. HALLWAY, PRESIDING.

Justice For Iraq, Justice For All, Michael J. Frank

Oklahoma Law Review

No abstract provided.