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Fingerprint Evidence, Sandy L. Zabell

Journal of Law and Policy

No abstract provided.

Three Perspectives On Criminal Justice, Michael T. Cahill

Journal of Law and Policy

No abstract provided.

On The Unlikely Prospect Of Reducing Crime Rates By Increasing The Severity Of Prison Sentences, John M. Darley

Journal of Law and Policy

No abstract provided.

What's Just About The Criminal Justice System? A Psychological Perspective, Larry Heuer

Journal of Law and Policy

No abstract provided.

Victim Participation In The Criminal Process, Erin Ann O'Hara

Journal of Law and Policy

No abstract provided.

State Responses To The Specter Of Racial Discrimination In Capital Proceedings: The Kentucky Racial Justice Act And The New Jersey Supreme Court's Proportionality Review Project, Alex Lesman

Journal of Law and Policy

No abstract provided.

Assessing The Likelihood Of Future Violence In Individuals With Mental Illness: Current Knowledge And Future Issues, Edward P. Mulvey

Journal of Law and Policy

No abstract provided.

Judging Science: An Essay On The Unscientific Basis Of Beliefs About The Impact Of Legal Rules On Science And The Need For Better Data About Law, Gillian K. Hadfield

Journal of Law and Policy

No abstract provided.

How Terror Changed Justice: A Call To Reform Safeguards That Protect Against Prosecutorial Misconduct, Jackie Lu

Journal of Law and Policy

No abstract provided.

Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin

Articles & Chapters

The author frequently speaks on issues involving the sexuality rights of persons with mental disabilities who are institutionalized. In this article, he discusses the prevalent attitudes of audience members to these presentations, attitudes ranging from anger to denial to projection to transference/countertransference to fear to expressions of religiosity. In some cases, an important connection is made between the speaker and audience members. The article considers these attitudes and seeks to offer explanations for why this is such a threatening topic to so many listeners.

The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Chris Wright Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).

The Civilization Of The Criminal Law, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ago by thinkers such as Barbara Wooton, Sheldon Glueck, and Karl Menninger. These individuals, the first a criminologist, the latter two mental health professionals, envisioned a system that is triggered by an antisocial act but that pays no attention to desert or even to general deterrence. Rather, the sole goal of the system they proposed is individual prevention through assessments of dangerousness and the provision of treatment designed to …

Victim Participation In The Criminal Process, Erin O'Connor

Vanderbilt Law School Faculty Publications

This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming and will continue to be a reality of our criminal justice process. Too often law professors feel content to dogmatically insist that crimes are wrongs committed against the public rather than an individual and that, therefore, victim involvement in criminal cases beyond the potential witness capacity is inappropriate.' 8 Contrary to their assertions, however, victims have been involved in the disposition of criminal cases for much …

The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).

Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King

Vanderbilt Law School Faculty Publications

Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines sentence that would otherwise apply to the defendant's conduct, as well as statutes that authorize a sentence lower than the minimum Guidelines sentence that would otherwise apply ("safety valve," "substantial assistance," and Rule 35 reductions). By creating these additional provisions and then removing any effective judicial oversight of their application, Congress has expanded the opportunities for prosecutors to decide when to opt out of the national Guidelines and when to abide …

Relationship Between Adolescent Behavior And Civic Engagement, Michael Ernst

Electronic Theses and Dissertations

Citizenship - commitment to and participation in a political community - is the heart of constitutional democracy and a free society. Knowledge of the rights, responsibilities, and privileges are the electrical impulses that keep a steady beat. Without the participation of educated citizens, a democratic republic can not and does not function. This study analyzed the relationship between adolescent behavior and civic engagement. This task was accomplished by examining the amount of civic knowledge possessed by two groups within a population. The population examined, a high school in Flagler County, was composed of "at risk" students (those who had an …

People V. Cahill: Domestic Violence And The Death Penalty Debate In New York, Russell G. Murphy

Suffolk University Law School Faculty Works

This article proposes changes in the 1994 State of New York death penalty statute designed to deal with the reversal of the capital sentence in the 2003 NY Court of Appeals decision in People v. Cahill. In 1998, the defendant Jeff Cahill brutally attacked his wife with an aluminum baseball bat during a domestic quarrel. Six months later Mr. Cahill snuck into his wife's hospital room, where she was continuing her recovery from the earlier attack, and poisoned her to death with stolen potassium cyanide. Jeff Cahill's death sentence was reversed when the Court of Appeals found the evidence at …

Executive Power And The War On Terror, Norman C. Bay

Faculty Scholarship

Two important paradigm shifts have occurred in the war on terror. First, the United States has treated terrorism as a military issue, not a law enforcement problem. Second, the United States has centralized its intelligence apparatus under the direction of the newly-created Director of National Intelligence and lowered the wall that separated external security or foreign intelligence activity from internal security or domestic law enforcement. In tandem, these changes are of historic dimension. They also occur against a backdrop in modern times in which the executive branch has steadily accumulated power. In pursuit of the war on terror, we have …

Disorder In The Court: The Use Of Psychiatric Testimony In The Prediction Of Dangerousness, Matthew Lafond

Dalhousie Journal of Legal Studies

Preventive detention measures in Canada were implemented in order to protect us from the most dangerous individuals in society. The Dangerous Offender provisions permit the state to imprison an offender indefinitely. In order to justify such drastic action, psychiatric assessments are conducted in an attempt to determine who, among the “worst” offenders, would be most likely to commit a dangerous offence in the future. This paper will review the dangerous offender system in Canada, and in that context, critically reconsider the ability of mental health professionals to predict the risk of future dangerousness. Despite widespread disagreement concerning evaluation methods and …

Love, Change, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

This is morality: to include all as human and entitled to the deepest love and care. This is the distillation of everything the author fights for as a feminist, a critical race theorist, and a peace activist. Since we are at war, having sent to date 1,500 U.S. soldiers off to die, speaking against war and for peace is a current imperative. Then comes this invitation to speak as a critical race theorist on the subject of same-sex marriage.

Without marriage you can do everything that counts in marriage except that which requires the imprint of the state. What you …

The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins

Faculty Publications

No abstract provided.

The Unfulfilled Promise Of The Constitution In Executive Hands, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

Many leading constitutional scholars now argue for greater reliance on the political branches to supplement or even supplant judicial enforcement of the Constitution. Responding to our national preoccupation with the judiciary as the mechanism of constitutional enforcement, these scholars stress that the executive and legislature, too, bear responsibility to think about the Constitution for themselves and to take steps to fulfill the Constitution's promise. Joining a debate that goes back at least as far as Marbury v. Madison, current scholars seek to reawaken the political branches to their constitutional potential, and urge the Supreme Court to leave the other branches …

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.

Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White

Publications

The rule of law is liberalism's key juridical aspiration. Yet its norms, centered on the principles of legality and legal generality, are being compromised all over the political and legal landscape. For decades, the dominant explanation of this worrying condition has focused mainly on the rise of the welfare state and its apparent incompatibility with the rule of law. But this approach, though shared by a politically diverse range of scholars, is outdated and misconceives the problem. A central function of the modem state has always been to prevent capitalism's inherent tendencies toward social marginalization from devolving into general social …

Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

Publications

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …

Community Mental Health Care In The U.S.: The Impact Of Deinstitutionalization And Assertive Community Treatment, Mariana A. De Oliveira

Masters Theses

The current review was designed to provide a better understanding of the present situation of mental health care in the U.S. Therefore, a review of the history of deinstitutionalization of the mentally ill in the U.S. and an exploration of the role of a prominent current model in mental health care, Assertive Community Treatment (ACT) were undertaken. Deinstitutionalization changed the paradigm of mental health care in the country. This process underwent different stages from religious based care, to large stated hospitals and to community care, where it stands now. Research articles on ACT in urban and in rural areas were …

Course Schedule Spring 2005, William & Mary Law School

Course Information

No abstract provided.

Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School

Annual Report

No abstract provided.

The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady

American Indian Law Review

No abstract provided.

Community Characteristics And Special Education Enrollment Rates In Montana, Klarissa L. Jensen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.