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2005 Commencement Program, New York Law School

Commencement Programs

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Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …

Death Sentence Rates And County Demographics: An Empirical Study, Theodore Eisenberg

Cornell Law Faculty Publications

The number of murders in a state largely determines the size of a state's death row. The more murders, the larger the death row. This fundamental relation yields surprising results, including the newsworthy finding that Texas's death sentencing rate is not unusually high. Recent state-level research also underscores the importance of race in the demography of death row. Death penalty research has long emphasized race's role, and with good reason--a racial hierarchy exists in death sentence rates. Black defendants who murder white victims receive death sentences at the highest rate; white defendants who murder white victims receive death sentences at …

Exploratory Study Of Anger And Behavior In An Incarcerated Offender Population Utilizing The Mahan And Ditomasso Anger Scale, Robert John Marsh, Jr.

PCOM Psychology Dissertations

The present study proposed to advance the treatment and assessment of anger disorders by exploring the properties of the Mahan and DiTomasso Anger Scale (MAD-AS). Previous research of the reliability, validity, and factor structure of the MAD-AS was conducted with inpatient (Mahan, 2001) and outpatient participants (Beardmore, 2003) . In the present study a psychometric investigation was undertaken utilizing 300 male incarcerated offenders. The MAD-AS correlated positively with the presence of antisocial and borderline personality disorders and with violent offenses. Those inmates with a history of violent offenses scored significantly higher than those convicted of nonviolent offenses on the MAD-AS. …

Military Discipline And Criminal Justice: Prior Military Convictions As Predicate Felonies Under Missourie's Recidivism Statute, Christopher R. Pieper

Missouri Law Review

Military justice serves a different purpose than civilian justice and its form reflects that distiction. Designed to promoted good order and discipline, military justice historically lacked some of the constitutional protections afforded to civilians. This has led some courts to hesitate in allowing military convictions to trigger recidivism statutes. This article compares the current structure of military and civilian courts and examines the effects of Missouri State v. Grubb, which modifies Missouri's approach to recidivism.

Applying Restraints To Private Police, Heidi Boghosian

Missouri Law Review

Private security needs better public oversight. This Article argues that equitable remedies in the form of improved training and oversight should be requested as part of relief in all Section 1983 claims involving private police. Improved training would greatly benefit society by reducing the number of violent encounters between private security officers and the public.

'Murder And The Reasonable Man' Revisited: A Response To Victoria Nourse, Cynthia Lee

GW Law Faculty Publications & Other Works

As King Solomon understood, custody disputes ordinarily allow no easy answers. Increasingly, legal actors have begun to rely on the child's custodial preference as a proxy for her best interests. In an effort to ascertain this preference without subjecting the child to the trauma of courtroom testimony, many states authorize courts to interview children in camera. Good intentions notwithstanding, these custody interviews pose considerable risk to children, to their parents, and to the State's best-interests quest.

These risks increase dramatically when in-camera interviews serve as tools for searching out preferences that have not been publicly volunteered; when children's preferences are …

West Valley City V. Fieeiki : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Stanley Fieeiki V. West Valley City : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 20050459-CA BRIEF OF THE APPELLEE Appeal from the Third Judicial District Court, in and for Salt Lake County, State of Utah; the Honorable Terry Christiansen, District Judge.

State Of Utah V. Mario A. Soto : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

RESPONSE TO AN ORDER DISMISSING A CHARGE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, A THIRD DEGREE FELONY UPON ENHANCEMENTS WITH PRIORS IN VIOLATION OF UTAH CODE ANN. SEC. 41-6-44 (SUPP 2001) IN THE SEVENTH JUDICAL DISTRICT COURT EN AND FOR EMERY COUNTY, STATE OF UTAH, THE HONORABLE BRUCE K. HALLIDAY, PRESIDING. BRIEF OF APPELLEE

Utah V. Wesley Ray Richardson : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from an Order of the Eighth Judicial District Court Of Uintah County State of Utah Honorable John A Anderson

The State Of Utah V. Azharn Alfatlawi : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

An appeal from a final judgment and conviction for seven counts of aggravated robbery, first degree felonies, in violation of Utah Code Ann. § 76-6-302 (2003), and one count of aggravated burglary, a first degree felony, in violation of Utah Code Ann. § 76-6-203 (2003), in the Third Judicial District Court of Salt Lake County, State of Utah, the Honorable Timothy R. Hanson presiding. The defendant is incarcerated.

The Bridge, Volume 2, 2005, Bridgewater State College

the bridge

Volume 2 Staff

Stacy Cohen
David George
Beth Horka
David Mitchell
Elizabeth Redmond
Nicole Roy
Kimberly Silva
Cheryllynn Silvia
Janine Woodward

Mary Dondero, Faculty Advisor
Jerald Walker, Faculty Advisor
Linda Hall, Alumni Consultant
Rosann Kozlowski, Alumni Consultant

Availability Of The Felony-Murder Rule Today: Equitable And Just Or Unfair And Excessive?, Traci Rose Francis

Electronic Theses and Dissertations

The current research provides an examination of felony murder to determine the similarities and differences among jurisdictions in the nation. It provides a current analysis of jurisprudence to update the literature as to practices in the United States pertaining to the availability of felony murder and the specific elements that make up the rule. This research conducts a survey of the 50 states, the District of Columbia, and the Federal System. It provides an overview of the felony-murder rule and its availability, the degrees to which the doctrine is utilized, and the subsequent sentences allowable for defendants convicted under the …

The Challenge Of An Aging Population, Nicole Cauvin, Elaine B. Davis

Sociology Faculty Publications

In chapter seven of Public Policy in Connecticut, Nicole X. Cauvin and Elaine B. Davis discuss the policy challenges associated with an aging or "graying" state population. Demographic data clearly demonstrate that Connecticut's population, similar to the population of other states, is becoming older. The authors propose innovative public policies designed to accommodate the long-term health care and social service needs of the state's elderly.

From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall

Journal of Criminal Law and Criminology

No abstract provided.

Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West

Journal of Criminal Law and Criminology

No abstract provided.

The Myth Of Innocence, Joshua Marquis

Journal of Criminal Law and Criminology

No abstract provided.

The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell

Journal of Criminal Law and Criminology

No abstract provided.

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

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Blakely And Booker: Pondering Modern Sentencing Process, Douglas A. Berman

Journal of Criminal Law and Criminology

No abstract provided.

Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson

Journal of Criminal Law and Criminology

No abstract provided.

A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell

Journal of Criminal Law and Criminology

No abstract provided.

Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood

Journal of Criminal Law and Criminology

No abstract provided.

Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg

Journal of Criminal Law and Criminology

No abstract provided.

Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer

Journal of Criminal Law and Criminology

No abstract provided.

Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss

Journal of Criminal Law and Criminology

No abstract provided.