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2005

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Articles 1081 - 1110 of 2538

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The State Of Disproportionate Minority Confinement (Dmc) In Mississippi’S Juvenile Detention Facilities, Saliba D. Mukoro Apr 2005

The State Of Disproportionate Minority Confinement (Dmc) In Mississippi’S Juvenile Detention Facilities, Saliba D. Mukoro

African Journal of Criminology and Justice Studies

Disproportionate Minority Confinement (DMC) has become a national issue due to several amendments to the JJDP Act of 1974 requiring compliance of all states’ participating in the formula grants program. All participating states, including the State of Mississippi, have thus introduced several programs to tackle the DMC problems in their various states for six years running. Giving these programmatic interventions, this study seeks to determine if DMC still exist in the juvenile detention facilities in the State of Mississippi. A survey instrument designed to measure racial composition of detainees was administered to the 18 juvenile facilities. The resulting data were …


Obstacles To Effective Policing In Nigeria, Emmanuel C. Onyeozili Apr 2005

Obstacles To Effective Policing In Nigeria, Emmanuel C. Onyeozili

African Journal of Criminology and Justice Studies

This paper traces the history of colonial social control and Policing in Nigeria, and also reviews the literature and examines how colonialism demonized, discredited, and supplanted the traditional system of policing. It establishes that in place of the old (traditional) system, colonialism imposed a new (but alien) militarized policing geared toward the colonial needs of political oppression and economic exploitation without regard to the needs of the colonized. The post colonial state was thus bequeathed a corrupt police system that fails to cater to the needs of the people. This unfortunate development explains the emergence of “ethnic armies” in the …


By Jonathan Odo, Jonathan C. Odo Apr 2005

By Jonathan Odo, Jonathan C. Odo

African Journal of Criminology and Justice Studies

No abstract provided.


By Kenethia Mcintosh, Kenethia Mcintosh Apr 2005

By Kenethia Mcintosh, Kenethia Mcintosh

African Journal of Criminology and Justice Studies

No abstract provided.


Reenvisioning Law Through The Dna Lens, Edward K. Cheng Apr 2005

Reenvisioning Law Through The Dna Lens, Edward K. Cheng

Vanderbilt Law School Faculty Publications

In recent times, no development has transformed the practice of criminal justice as much as DNA evidence. In little over fifteen years, DNA profiling has produced nothing short of a paradigm shift.1 For police and prosecutors, DNA has become a potent weapon for identifying and convicting criminals. Trace biological material left at a crime scene now provides critical evidence for generating leads through "cold searches" of DNA databases and for convicting defendants at trial. At the same time, for defense attorneys, DNA has become an invaluable tool for seeking exonerations, because just as DNA can link defendants to crimes, it …


Conceptualizing The Private Police, Elizabeth E. Joh Apr 2005

Conceptualizing The Private Police, Elizabeth E. Joh

Utah Law Review

The war on terrorism has brought new urgency to a subject that remains poorly understood: the private police. When debating whether to authorize the agency that eventually became the Transportation Security Administration, members of Congress for the first time in a generation were forced to pose a fundamental question about the very nature of policing: is it necessarily a governmental function? Incredibly, no one had asked before whether the thousands of private screeners conducting searches at airports ought to be public or private. Similarly, the prisoner abuse scandal at Abu Ghraib raised concerns about the propriety of employing privately contracted …


Judicial Nomination Filibuster Cause And Cure, Orrin G. Hatch Apr 2005

Judicial Nomination Filibuster Cause And Cure, Orrin G. Hatch

Utah Law Review

The Senate must not allow the partisan political objective of the moment to subvert fundamental principles that define our form of government and the institution of the Senate itself. As politically contentious or ideologically divisive as judicial confirmations can sometimes be, they must nonetheless be handled through a process that is fair and honors the Constitution. If the fight is fair and constitutional, let the chips fall where they may. The current filibuster campaign against majority-supported judicial nominations is the latest weapon in the ongoing conflict over the kind of judge that should be appointed. That conflict is between process-focused …


Working Within And Around Utah's Section 76-5-411 After Crawford V. Washington: Assessing The Admissibility Of Out-Of-Court Statements Of Child Victims Of Sexual Abuse, Daphne A. Oberg Apr 2005

Working Within And Around Utah's Section 76-5-411 After Crawford V. Washington: Assessing The Admissibility Of Out-Of-Court Statements Of Child Victims Of Sexual Abuse, Daphne A. Oberg

Utah Law Review

The holding of Crawford, a "bombshell" case, affects many hearsay exceptions upon which prosecutors previously relied to admit child victim statements into evidence. It is no longer sufficient for a hearsay statement to fall within a firmly rooted hearsay exception or to contain guarantees of trustworthiness. Testimonial, out-of-court statements of unavailable declarants will be excluded unless the declarant was previously subjected to crossexamination. This new approach invalidates part of Utah's statutory exception for the admissibility of out-of-court statements from child sexual abuse victims. And, although some statements from children that would previously have been admissible under well-established hearsay exceptions will …


Table Of Contents Apr 2005

Table Of Contents

West Virginia Law Review

No abstract provided.


All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr. Apr 2005

All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.

West Virginia Law Review

No abstract provided.


Amicus (Volume 4, Issue No. 1) (Spring 2005), Roger Williams University School Of Law Apr 2005

Amicus (Volume 4, Issue No. 1) (Spring 2005), Roger Williams University School Of Law

Amicus

No abstract provided.


Factors Affecting Treatment Program Development In A Mental Health Facility Serving Prisoners, Ruby Miranda Meriweather Apr 2005

Factors Affecting Treatment Program Development In A Mental Health Facility Serving Prisoners, Ruby Miranda Meriweather

Dissertations

There is a paucity of literature on how treatment programs for mentally ill prisoners are developed. Federal mandates require that services to mentally ill prisoners be comparable to what is offered in the community. Planners, therefore, must find ways to provide treatment programs that produce that outcome.

This research identified the most important factors that affect treatment program development and implementation to aid planners in designing treatment programs for mentally ill prisoners. This qualitative study, based on grounded theory, used a structured interview with 61 mental health staff (psychiatrists, nurses, psychologists, social workers, and activity therapists) across three categories (Administrative, …


Law Week 2005, North Carolina Central School Of Law Apr 2005

Law Week 2005, North Carolina Central School Of Law

Law Week Guides

No abstract provided.


Of Counsel, Volume 8 | Spring 2005, North Carolina Central University School Of Law Apr 2005

Of Counsel, Volume 8 | Spring 2005, North Carolina Central University School Of Law

Of Counsel

No abstract provided.


The Presumption Of Innocence: Why Should The Accused Care Whether He Is Being Detained Before Trial For Regulatory Or Punitive Reasons? Jail Is Still Jail: Re-Examining The Judicial Gloss That Has Diluted The Bail Reform Act, Raymond E. Gazer Apr 2005

The Presumption Of Innocence: Why Should The Accused Care Whether He Is Being Detained Before Trial For Regulatory Or Punitive Reasons? Jail Is Still Jail: Re-Examining The Judicial Gloss That Has Diluted The Bail Reform Act, Raymond E. Gazer

Pace Law Review

No abstract provided.


Divisionews (Spring 2005, Issue 18), American Society Of Criminology Division On Women And Crime Apr 2005

Divisionews (Spring 2005, Issue 18), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.


Dr. Herbert Alan Johnson: Scholar, Colleague, Teacher, Mentor, And Friend, W. L. Burke Apr 2005

Dr. Herbert Alan Johnson: Scholar, Colleague, Teacher, Mentor, And Friend, W. L. Burke

South Carolina Law Review

No abstract provided.


The Federal Sentencing Guidelines After Blakely And Booker: The Limits Of Congressional Tolerance And A Greater Role For Juries, M.K.B. Darmer Apr 2005

The Federal Sentencing Guidelines After Blakely And Booker: The Limits Of Congressional Tolerance And A Greater Role For Juries, M.K.B. Darmer

South Carolina Law Review

No abstract provided.


Liberty Takings: A Framework For Compensating Pretrial Detainees, Jeffrey Manns Apr 2005

Liberty Takings: A Framework For Compensating Pretrial Detainees, Jeffrey Manns

Cardozo Law Review

No abstract provided.


Equal Citizenship At Ground Level: The Consequences Of Nonstate Action, Kenneth L. Karst Apr 2005

Equal Citizenship At Ground Level: The Consequences Of Nonstate Action, Kenneth L. Karst

Duke Law Journal

No abstract provided.


Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin A. Collins Apr 2005

Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin A. Collins

Cardozo Law Review

No abstract provided.


Compass, Armstrong State University Apr 2005

Compass, Armstrong State University

Armstrong News & Publications: Compass (Archived)

No abstract provided.


Citizen's Satisfaction With The Police, Kim Barshanet Baskerville Apr 2005

Citizen's Satisfaction With The Police, Kim Barshanet Baskerville

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research project is to examine three competing models of citizen satisfaction with the police: 1) citizen characteristics, 2) citizen experience with the police, and 3) citizen quality of life issues. Data were taken from Criminal Victimization and Perceptions of Community Safety in 12 Cities, 1998. The relationship between citizen satisfaction and the three models were tested by examining different types of contact between police and citizens, race, age, gender, and quality of life, which was measured by satisfaction with neighborhood and satisfaction with city. In addition, an item labeled disorder, which takes into consideration acts of …


Comparing Domestic Assaults In Military And Non-Military Populations: A Test Of Social Learning Theory, Crystal S. Carey Apr 2005

Comparing Domestic Assaults In Military And Non-Military Populations: A Test Of Social Learning Theory, Crystal S. Carey

Sociology & Criminal Justice Theses & Dissertations

This study examined factors relating to the severity of domestic assaults in military and non-military populations by examining a sample of 599 clients admitted to battered women's shelters over a 22-month period. This study addressed the following question: What differences, if any, exist between the severity of domestic assaults committed by military and non-military offenders, and what explains those differences?

The following factors as they may relate to severity of domestic assault are measured: batterer race, batterer income, victim income, batterer military status, and weapon involvement. Analyses reveal no significant differences in injury severity between assaults perpetrated by military and …


Lessons From Avena: The Inadequacy Of Clemency And Judicial Proceedings For Violations Of The Vienna Convention On Consular Relations, Linda E. Carter Apr 2005

Lessons From Avena: The Inadequacy Of Clemency And Judicial Proceedings For Violations Of The Vienna Convention On Consular Relations, Linda E. Carter

Duke Journal of Comparative & International Law

No abstract provided.


Gender Bias In North Carolina’S Death Penalty, Elizabeth Marie Reza Apr 2005

Gender Bias In North Carolina’S Death Penalty, Elizabeth Marie Reza

Duke Journal of Gender Law & Policy

No abstract provided.


The Paper Tiger Of Gideon V. Wainwright And The Evisceration Of The Right To Appointment Of Legal Counsel For Indigent Defendants, Amanda Myra Hornung Apr 2005

The Paper Tiger Of Gideon V. Wainwright And The Evisceration Of The Right To Appointment Of Legal Counsel For Indigent Defendants, Amanda Myra Hornung

Cardozo Public Law, Policy & Ethics Journal

The note examines the disparity between the Sixth Amendment's promise of counsel for indigent defendants and the realities of its implementation, arguing that while landmark cases like Gideon v. Wainwright established the right to appointed counsel in state criminal proceedings, significant gaps remain in ensuring effective representation. The analysis highlights systemic issues such as inadequate funding, excessive caseloads, and limited access to resources, which undermine the fairness of criminal trials. The note advocates for increased funding, reduced caseloads, and clearer standards for effective assistance of counsel to fulfill the constitutional guarantee of equal justice.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Apr 2005

The Invisible Pillar Of Gideon, Adam M. Gershowitz

Faculty Publications

In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay’s request for appointed counsel. Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …


Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon Apr 2005

Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon

Faculty Publications

No abstract provided.


A Disconnect Between Law And Neuroscience: Modem Brain Science, Media Influences, And Juvenile Justice, Kevin W. Saunders Apr 2005

A Disconnect Between Law And Neuroscience: Modem Brain Science, Media Influences, And Juvenile Justice, Kevin W. Saunders

Utah Law Review

It would not be surprising to find most readers agreeing with half of the arguments presented herein. Liberals will agree that society is too harsh in its treatment of juvenile offenders. They will note the immaturity of children and their amenability to treatment. This plasticity justifies leaving open the possibility of rehabilitation and counsels against the death penalty, life imprisonment without the possibility of parole, or even long-term determinate sentencing. On the other hand, liberals are likely to disagree that the media influences children face should be restricted. Conservatives are less likely to negatively receive the suggested limitations on children's …