Digital Commons Network^™

The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne

Fordham International Law Journal

This Article looks in detail at whether the Special Court is, at present, succeeding or failing, drawing lessons along the way both for the system of international criminal justice generally, and more specifically for U.N. enforcement of the law of war. In Section II, this Article suggests a method for measuring success and failure in an international criminal tribunal. It suggests that there are a number of identifiable performance standards which should guide our assessment, each linked to a stakeholder group: the international community, the affected population, and the defendants. In Sections III-V, this Article assesses the Special Court's early …

North Dakota Homeland Security Strategy, Susan Reinertson

Theses and Dissertations

No abstract provided.

Neighborhood Characteristics And Crime: A Test Of Sampson And Groves' Model Of Social Disorganization, Ivan Y. Sun, Ruth A. Triplett, Randy R. Gainey

Sociology & Criminal Justice Faculty Publications

In 1989 Sampson and Groves proposed a model of social disorganization. In this model, neighborhoods with low socioeconomic status, high residential mobility, racial heterogeneity, and family disruption were predicted to have sparse local friendship networks', low organizational participation, and unsupervised youth groups. These, in turn, were predicted to increase neighborhood crime rates. Although Sampson and Groves' work represents the most complete model of social disorganization to date, it has only been tested twice and then on the same data set. Using data from 36 neighborhoods from 7 U.S. cities, this study examines extensions of Sampson and Groves' model suggested by …

Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper

Michigan Law Review

Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …

Yale Kamisar: Warrior Scholar, Francis A. Allen

Michigan Law Review

My association with Yale Kamisar dates back to the 1950s. At that time I became aware of the interesting publications of a young faculty member at the University of Minnesota. The articles were well done, most of them dealing with the Supreme Court's notable expansion of constitutional doctrine relating to criminal procedure, then at full tide, a field in which I also was writing. In addition, Yale had published a remarkable article on the subject of euthanasia, impressive for the thoroughness of its research and the clarity and force of its argument. Fortunately, I decided to write to Yale and …

Yale Kamisar: The Enemy Of Injustice, Welsh S. White

Michigan Law Review

In the summer of 1978, Duke Law School hosted a conference in which a variety of speakers offered perspectives on Constitutional Criminal Procedure. One of the speakers argued that the Warren Court's criminal-procedure revolution created a backlash that ultimately made things worse for criminal defendants. In order to dramatize his point, he suggested, "Yale Kamisar is the enemy." When that speaker had finished, the Conference Moderator began his response by stating, "First of all, Yale Kamisar is not the enemy of anything, except injustice."

Stories About Miranda, George C. Thomas Iii

Michigan Law Review

It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …

But I Thought He Had A Gun - Race And Police Use Of A Deadly Force, Cynthia Lee

UC Law Journal of Race and Economic Justice

While widespread consensus exists that racial minorities are disproportionately represented as victims of police shootings, the reason for this disproportion is hotly disputed. This paper argues that in claimed self-defense cases, race norms or racial stereotypes often operate at a subconscious level to alter police officers' perceptions of threat and corresponding decisions to use deadly force. Nevertheless, society can help encourage police officers to overcome the inevitable influence of racial stereotypes on their decisions to use deadly force in the field. Internally, police departments can work on at least three fronts to control the use of force: recruitment, training, and …

"Important" And "Irreversible" But Maybe Not "Unreviewable": The Dilemma Of Protecting Defendants' Rights Through The Collateral Order Doctrine, Kristen B. Gerdy

University of San Francisco Law Review

DR. CHARLES SELL has spent the last five years confined to a federal psychiatric facility awaiting trial for charges of Medicaid fraud and money laundering, a trial he is not competent to undergo at present because he suffers from delusional disorder, persecutory subtype, a rare psychological condition.1 His confinement has exceeded his possible imprisonment under the federal sentencing guidelines. Why does Dr. Sell continue to wait for a trial that may never happen?

Deferred Entry Of Judgment: An Overlooked And Undervalued Benefit Of Proposition 21, Laron Hogg Haught

University of San Francisco Law Review

IN MARCH OF 2000, the voters of California passed Proposition 21, the "Gang Violence and Juvenile Crime Prevention Act of 1998," which altered sections of the Welfare and Institution and Penal Codes as well as created new sections that delineate a supervision program for certain minors brought before the courts. Proponents hailed the initiative as a "get tough on juvenile crime and gangs" measure, while opponents argued it was a draconian attempt to incarcerate more children for longer periods of time, and was too sweeping in its effect.

Toward A Criminal Law For Cyberspace: A New Model Of Law Enforcement?, Susan W. Brenner

School of Law Faculty Publications

This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into cyberspace is that the efficacy of our traditional approach to enforcing the criminal law is eroding. (1) As Section II explains, it is already apparent that the traditional model is not an effective means of dealing with cybercrime, i.e., crime the commission of which entails the use of computer technology. (2)

We are therefore seeing the emergence of an alternative approach to law enforcement, (3) one that emphasizes collaboration between the public and private sectors and …

Wisconsin's Sex Offender Registration And Notification Laws: Has The Wisconsin Legilature Left The Criminals And The Constitution Behind?, Melissa Blair

Marquette Law Review

No abstract provided.

Divisionews (Winter 2004, Issue 14), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Sovereignty, 2004, University Of Montana--Missoula. School Of Journalism. Native News Honors Project

Native News Honors Project, 1992-2026

An annual publication that is reported, photographed, edited, and designed by students in the University of Montana’s School of Journalism.

Reluctant Participants In Restorative Justice? Youthful Offenders And Their Parents, David R. Karp Phd, Gordon Bazemore

School of Leadership and Education Sciences: Faculty Scholarship

This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen-run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in the level of participation as well as in their willingness to take responsibility. Parents do not understand the …

Exploring How And Why Women Become Involved In Relationships With Incarcerated Men, Katherine L. Takas

USF St. Petersburg campus Honors Program Theses (Undergraduate)

The concept for this research project originated when in the 1990s there were local news stories concerning Oscar Ray Bolin, a serial killer who was being tried in Florida for the murders of women in Hillsborough and Pasco counties. His lawyer's wife met him, fell in love with him, and married him in a death row wedding ceremony. This case brought about questions such as: Why do women get involved with killers? How do they rationalize these types of relationships? Do they consider their relationships with inmates to be normal? How are these women different from women who are not …

Development And Validation Of The Impediments To Change Scale - Educational Version : A Study Of Children And Adolescents With Emotional Disturbance, Ray W. Christner

PCOM Psychology Dissertations

This study reviewed the development of the Impediments to Change Scale: Educational Version and evaluated its use with children and adolescents identified as having an Emotional Disturbance (ED) according to the Individuals with Disabilities Education Act (IDEA). The investigator examined the scale's internal consistency and conducted a hierarchical cluster analysis to identify indices related to “impediments of change.” The objective for the Impediments to Change Scale: Educational Version is to offer a clinically useful instrument to assist in identifying risk factors that impede a student's progress in his or her educational program. Pending future research, this tool has the potential …

Walking The Clinical Tightrope: Between Teaching And Doing, Stephen Wizner

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Rights In The Shadow Of Class: Poverty, Welfare, And The Law, Frank W. Munger

Articles & Chapters

No abstract provided.

Perceptions Of Psychological Injury In The Workplace, Richard Merrett

Theses : Honours

Work-related psychological injury has not only increased as a percentage of all injuries but also accounts for the greatest cost, both in duration of lost time and financially (National Occupational Health & Safety Commission [NOHSC], 2001; NOHSC, 2002). There are two major explanations as to why this might be. One explanation is that stigmatisation of psychological injury has reduced, resulting in increased reporting (Manton, 2004). The other major explanation is that workplaces are becoming more stressful environments, resulting in increased levels of psychological injury to employees (Kenny & Cooper, 2003). This review will investigate those potentially influential factors that relate …

Developing The Eighth Amendment For Those Least Deserving Of Punishment: Statutory Mandatory Minimums For Non-Capital Offenses Can Be Cruel And Unusual When Imposed On Mentally Retarded Offenders, Timothy Cone

New Mexico Law Review

No abstract provided.

As Seen On Tv: The Normative Influence Of Syndi-Court On Contemporary Litigiousness, Kimberlianne Podlas

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Insights- May 2004, Erika Malek

Insights

No abstract provided.

2004-2005 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin

Articles & Chapters

Health Law in the Criminal Justice System Symposium

Counseling Couples In Domestic Violence, Krista L. Strauser

Graduate Research Papers

Domestic violence is a widespread problem that is being passed down from generation to generation. Counselors have been debating for years as to how to effectively treat couples with domestic violence issues. The nature of couples counseling is debated against the ethical issues, safety issues, and appropriateness of counseling domestically violent couples. Challenges for counselors are discussed along with rules of how and when to conduct couples counseling with domestically violent couples.

My Last Lecture: Unsolicited Advice For Future And Current Lawyers, Stephen D. Easton

South Carolina Law Review

No abstract provided.

Popular Culture As A Lens On Legal Professionalism, Alexander W. Scherr, Hillary Brave Farber

South Carolina Law Review

No abstract provided.

Children With Disabilities In The Juvenile Justice System, Renetta M Stevens

UNLV Retrospective Theses & Dissertations

Children and youth with disabilities are over represented in the juvenile justice system. Studies show that a lack of compliance, monitoring and enforcement of the mandates of the Individuals with Disabilities Education Act (IDEA) exists. The purpose of this study is to explore the relationship, if any, of the over representation of children and youth in the juvenile justice system and a deficiency in providing special education supports and services as mandated by the IDEA. The files of children and youth presently involved in the juvenile justice system were reviewed for this study and the available educational records, of those …