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2005

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Crime In Tennessee 2005, Tennessee. Bureau Of Investigation Jan 2005

Crime In Tennessee 2005, Tennessee. Bureau Of Investigation

Crime in Tennessee

The information contained in the report is based upon crime statistics information submitted by all law enforcement agencies in Tennessee to TBI’s Tennessee Incident Based Reporting System (TIBRS) Program. TIBRS is the state version of the FBI’s National Incident Based Reporting System (NIBRS) Program.


Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd Jan 2005

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd

Faculty Articles

Recent empirical studies by economists have shown, without exception, that capital punishment deters crime. Using large data sets that combine information from all fifty states over many years, the studies show that, on average, an additional execution deters many murders. The studies have received much publicity, and death penalty advocates often cite them to show that capital punishment is sound policy.

Indeed, deterrence is the central basis that many policymakers and courts cite for capital punishment. For example, President Bush believes that capital punishment deters crime and that deterrence is the only valid reason for capital punishment. Likewise, the Supreme …


The New Prosecution, Kay L. Levine Jan 2005

The New Prosecution, Kay L. Levine

Faculty Articles

This Article proceeds as follows. Part I introduces the Statutory Rape Vertical Prosecution Program that took shape in California in the mid-1990s. In addition to explaining how this program emerged and its central features, I highlight the aspects of the SRVPP that distinguish California statutory rape prosecutors from the traditional image of the local prosecutor in the United States. Part II offers some background on the new prosecution and the problem-oriented approach to criminal justice, explaining how this model differs from the traditional crime-based or case-based method of criminal justice work. In Part III, I use empirical data derived from …


Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements Jan 2005

Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements

Richmond Journal of Law & Technology

Few legal maxims have had greater resonance than the tenet that one is innocent until proven guilty. It is a principle that has been traced back to Roman times, and it entered the American legal lexicon through the United States Supreme Court decision Coffin v. United States. It has even been incorporated in the United Nations’1948 Declaration of Human Rights under article eleven, section one.4


Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires Jan 2005

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.


Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti Jan 2005

Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti

Kentucky Law Journal

No abstract provided.


Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan Jan 2005

Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan

Faculty Scholarship

On November 5, 2003, concern regarding suspected drug activity led to a massive police search of Stratford High School in the Berkeley School District, north of Charleston, South Carolina. (See Police, School District Defend Drug Raid, available at http://www.cnn.com/2003/US/South/11/07/school.raid/index.html.) Fourteen police officers assumed strategic positions inside and outside the school. Accompanied by a drug-sniffing clog, officers. Some with guns drawn, secured a school hallway and ordered more than I 00 students to get on their knees and face the wall, handcuffing at least 12 who failed to immediately obey the police orders. Alerted by the clog. police physically searched students, …


Disappearing Dilemmas: Judicial Construction Of Ethical Choice As Strategic Behavior In The Criminal Defense Context, Manuel Berrélez, Jamal Greene, Bryan Leach Jan 2005

Disappearing Dilemmas: Judicial Construction Of Ethical Choice As Strategic Behavior In The Criminal Defense Context, Manuel Berrélez, Jamal Greene, Bryan Leach

Faculty Scholarship

Imagine the following scenario: A criminal defense attorney represents a man accused of kidnapping and murdering two children in a residential neighborhood. During the course of interviewing key witnesses, the defense attorney becomes convinced that her client was present at the scene of the murder. While her client denies having been present, his alibi changes entirely from one interview to the next. The two main witnesses that the client offers to Corroborate his most recent alibi recant, suggesting to the defense attorney that both they and the defendant were actually present at the scene of the crime. Third parties confirm …


People, Places, And Perspectives: An Exploration Of The Contextual Effects On Gender Work Role Attitudes, Tracy Amanda Milligan Jan 2005

People, Places, And Perspectives: An Exploration Of The Contextual Effects On Gender Work Role Attitudes, Tracy Amanda Milligan

UNF Graduate Theses and Dissertations

This research examines possible contextual effects upon gender role attitudes in the United States related to women's employment outside ofthe household. The study included individual-level data, mother's previous work status and mother's educational attainment, not previously analyzed in a hierarchical linear model and state-level data not previously investigated, particularly state median household income. The primary analyses focus upon the contextual effects of state-level educational attainment and income. Analyzing General Social Survey data from 1994 to 2002, these contextual data were not found to have an effect upon the gender work role beliefs. In fact, none of the examined state-level variables …


Democracy And Social Justice: Founding Centers For Social Justice In Law Schools, Stephanie M. Wildman Jan 2005

Democracy And Social Justice: Founding Centers For Social Justice In Law Schools, Stephanie M. Wildman

Faculty Publications

Protecting democracy by combating inequality is the task of social justice lawyers. The practice of democracy mandates inclusion of the diverse populations of this nation into the social order. Social justice lawyers seek to give material meaning to democratic ideals in the daily lives of individuals and communities that are marginalized, subordinated, and underrepresented. Currently, not enough lawyers serve the disenfranchised and not enough lawyers emerge from disenfranchised communities. Hence, the disenfranchised continue to be denied access to legal resources, to the detriment of democracy.

Legal educators must begin to think about how to institutionalize consciousness about social justice as …


Does The Charter Matter?, Harry W. Arthurs, Brent Arnold Jan 2005

Does The Charter Matter?, Harry W. Arthurs, Brent Arnold

Articles & Book Chapters

This article investigates whether Canada has changed in ways the ways that proponents of the Charter desired and anticipated. We examine the progress of groups that the Charter was intended to benefit (Aboriginal peoples, women, visible minorities, and immigrants); areas of state action that the Charter was intended to regulate (the criminal process and bureaucratic behaviour); and aspects of our communal and public life that the Charter was intended to animate and enhance (politics and inter-group cultural relations). We rely on a significant number of studies of Canadian social development during the period from 1982 to the present. Available evidence …


Catholic Jurors And The Death Penalty, Gerald F. Uelmen Jan 2005

Catholic Jurors And The Death Penalty, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett Jan 2005

Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett

Faculty Scholarship

This Article examines the body of law emerging in cases brought by former criminal defendants once exonerated, often through DNA testing, which may fundamentally reshape our criminal justice system. Federal wrongful conviction actions share a novel construction - they rely on criminal procedure rights incorporated as an element in a civil rights lawsuit. During a criminal trial, remedies for violations of procedural rights are often seen as truth defeating, because they exclude evidence possibly probative of guilt. In a civil wrongful conviction action, that remedial paradigm is reversed. The exonerated defendant instead seeks to remedy government misconduct that was truth …


Graduate And Undergraduate Catalog, 2005-2006, Eastern Washington University, Washington State Library. Electronic State Publications Jan 2005

Graduate And Undergraduate Catalog, 2005-2006, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2005-2006 academic year.


Perspective, Vol. 16, No. 2, Winter 2005, Eastern Washington University. Division Of University Relations. Jan 2005

Perspective, Vol. 16, No. 2, Winter 2005, Eastern Washington University. Division Of University Relations.

Alumni Publications

This issue focuses on "Eagles in Uniform." There are articles on alumni who serve as nurses, police, firefighters, or the army. It also includes articles on Eastern Washington University students in uniform, such as the cheerleading squad, student athletes, and teachers.


Yarborough V. Alvarado: At The Crossroads Of The Unreasonable Application Provision Of The Antiterrorism And Effective Death Penalty Act Of 1996 And The Consideration Of Juvenile Status In Custodial Determinations, Jennifer Park Jan 2005

Yarborough V. Alvarado: At The Crossroads Of The Unreasonable Application Provision Of The Antiterrorism And Effective Death Penalty Act Of 1996 And The Consideration Of Juvenile Status In Custodial Determinations, Jennifer Park

Journal of Criminal Law and Criminology

No abstract provided.


Erratum Jan 2005

Erratum

Journal of Criminal Law and Criminology

No abstract provided.


The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne Jan 2005

The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

Journal of Criminal Law and Criminology

No abstract provided.


The Political Economy Of Entrapment, Richard H. Mcadams Jan 2005

The Political Economy Of Entrapment, Richard H. Mcadams

Journal of Criminal Law and Criminology

No abstract provided.


Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter Jan 2005

Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews, Thomas Mills, Elisa Mason, Gail A. Partin, Maryiln J. Raisch, Mary Rumsey, Teresa Stanton, Daniel C. Turack Jan 2005

Book Reviews, Thomas Mills, Elisa Mason, Gail A. Partin, Maryiln J. Raisch, Mary Rumsey, Teresa Stanton, Daniel C. Turack

Faculty Scholarly Works

No abstract provided.


Reexamining The Collective Entity Doctrine In The New Era Of Limited Liability Entities - Should Business Entities Have A Fifth Amendment Privilege, Lance Cole Jan 2005

Reexamining The Collective Entity Doctrine In The New Era Of Limited Liability Entities - Should Business Entities Have A Fifth Amendment Privilege, Lance Cole

Faculty Scholarly Works

No abstract provided.


Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery Jan 2005

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery

Journal of Criminal Law and Criminology

No abstract provided.


Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann Jan 2005

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2005

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Erratum Jan 2005

Erratum

Journal of Criminal Law and Criminology

No abstract provided.


Counted Out Twice - Power, Representation & (And) The Usual Residence Rule In The Enumeration Of Prisoners: A State-Based Approach To Correcting Flawed Census Data, David Hamsher Jan 2005

Counted Out Twice - Power, Representation & (And) The Usual Residence Rule In The Enumeration Of Prisoners: A State-Based Approach To Correcting Flawed Census Data, David Hamsher

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer

Journal of Criminal Law and Criminology

No abstract provided.


Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman, Dayla S. Pepi Jan 2005

Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman, Dayla S. Pepi

Faculty Articles

The American Bar Association strongly discourages lawyers from being bondsmen due to the conflicts that can arise when a criminal defense attorney acts as their client's bail bondsman. These same ethical dilemmas can also be encountered in posting a bond for a client in civil matters such as probate, family law, and appeals. In Texas, lawyers are exempt from the requirements of licensure as a bondsmen, including the requirement to maintain a particular level of security to underwrite the bonds. Nonetheless, lawyers are still required to conform to the requirements regulating the practice of bondsmen.

It is not enough for …