Digital Commons Network^™

The Effectiveness Of Juvenile Correctional Facilities: Public Versus Private Management, Patrick J. Bayer, David Pozen

Faculty Scholarship

This paper uses data on juvenile offenders released from correctional facilities in Florida to explore the effects of facility management type (private for-profit, private nonprofit, public state-operated, and public county-operated) on recidivism outcomes and costs. The data provide detailed information on individual characteristics, criminal and correctional histories, judge-assigned restrictiveness levels, and home zip codes — allowing us to control for the nonrandom assignment of individuals to facilities far better than any previous study. Relative to all other management types, for-profit management leads to a statistically significant increase in recidivism, but relative to nonprofit and state-operated facilities, for-profit facilities operate at …

The Importance Of Expectation Fulfillment On Domestic Violence Victims’ Satisfaction With The Police In The Uk, Amanda L. Robinson, Meghan S. Stroshine

Social and Cultural Sciences Faculty Research and Publications

Purpose – This paper seeks to investigate what victims of domestic violence expect police to do for them, and how these expectations subsequently influence their levels of satisfaction.

Design/methodology/approach – Structured interviews with 222 victims of domestic violence were conducted by staff from an integrated community-based service delivery agency in Cardiff, Wales. Multivariate analyses were performed to reveal the factors that contribute to domestic violence victims' satisfaction with the police.

Findings – Consistent with the expectancy disconfirmation model, results indicate that the most important determinant of satisfaction is the extent to which victims' expectations about police behaviour and demeanour are …

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares

Faculty Scholarship

There is a rich intellectual history to the sociological study of crime and punishment that encompasses multiple and interrelated traditions. Some of these traditions trace their roots to the European social theorists of the nineteenth century, particularly Emile Durkheim, Max Weber, and Karl Marx. Although only Durkheim and Weber systematically studied law (and only Durkheim actually studied punishment), all three social theorists facilitated the development of sociological research and theory on crime and punishment. Durkheim's Suicide: A Study in Sociology for example, investigated the relationship between social integration and suicide rates, which, in turn, provided a model of inquiry for …

Apprendi, Blakely And Federalism, Peter B. Rutledge

Scholarly Works

The Clark Y. Gunderson Lecture is a memorial to a man who devoted his life to legal education and spent thirty years teaching at the Law School. It is supported by a trust fund in the University of South Dakota Law School Foundation established principally by Colonel Gunderson's family. Professor Rutledge delivered the 2004 Gunderson Lecture at the Law Review's Symposium on Sentencing and Punishment, which took place at the Law School on November 5, 2004. What follows is an adapted version of Professor Rutledge's lecture.

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffery Fagan

Faculty Scholarship

Shortly after the U.S. Supreme Court issued its decision in Atkins v. Virginia holding that the execution of mentally retarded persons violated the Eighth Amendment, legal scholars, advocates, and journalists began to speculate that the Court would next turn its attention to the question of the execution of persons who were juveniles – below eighteen years of age – at the time they committed homicide. Following the Atkins decision, four Justices expressed the view that the rationale of Atkins also supported the conclusion that execution of juvenile offenders was unconstitutional. A constitutional test of capital punishment for juveniles was inevitable. …

Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka

Nevada Supreme Court Summaries

Troy Anthony Foster, appellant, was charged with four counts of sexual assault and one count of kidnapping. A jury found Foster guilty of three counts of sexual assault and acquitted him on one count of sexual assault and of kidnapping. Foster appealed his conviction asserting five assignments of error. The Nevada Supreme Court rejected Foster’s contentions concluding in part the evidence presented at trial was more than sufficient to sustain the jury’s verdict. Foster then filed a post-conviction petition for a writ of habeas corpus in district court, claiming ineffective assistance of both trial and appellate counsel. The district court …

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

GW Law Faculty Publications & Other Works

This Article shows how the application of a takings paradigm to pretrial detention can mitigate the distorted incentives which shape bail hearings and plea bargaining. The case for compensating pretrial detainees poses challenges because the existence of probable cause of having committed a criminal offense combined with the presence of other risk factors formally legitimizes bail hearing decisions. However, this Article analogizes the taking of people to the taking of property to argue that pretrial detention constitutes a liberty taking which inflicts punishment on unconvicted defendants and creates incentives for false pleas and other perversions of justice. While society faces …

The Faith-Based Initiative And The Constitution, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This paper, originally presented as the Annual Lecture at DePaul University's Church/State Center, addresses the many constitutional issues raised by President George W. Bush's Faith-Based and Community Initiative. Part I of the paper provides the political and legal background of the Initiative, up to and including the recent flurry of Executive Branch activity to implement it. Part II of the paper constructs the constitutional prism through which we believe the Initiative, like all constitutional questions relating to religion, should be viewed. In particular, we analyze the law of the Religion Clauses in terms of the constitutional distinctiveness or non-distinctiveness of …

Defense Witness As ‘Accomplice’: Should The Trial Judge Give A ‘Care And Caution’ Instruction?, Clifford S. Fishman

Scholarly Articles

At least three federal circuits have approved a trial judge's decision to give a cautionary accomplice testimony instruction when an alleged accomplice testifies for the defendant. Several state courts and at least one military court have done likewise. Other state courts, in contrast, have explicitly disapproved giving such an instruction and courts in at least one state are divided on the issue.

Part I of this article briefly reviews how courts have traditionally determined whether a prosecution witness is an "accomplice,” and will provide representative samples of cautionary instructions. Part II will examine the federal decisions8 upholding giving a similar …

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

Colombia, Travis Ning

Human Rights & Human Welfare

The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …

Europe, Victoria Lowdon, Angela Woolliams, Robin Davey

Human Rights & Human Welfare

Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

A Theory Of Access To Justice, Robert Rubinson

All Faculty Scholarship

This Article draws upon three observations: 1) the vast majority of disputes involve low-income litigants; 2) the vast majority of public and private resources of dispute resolution are allocated to disputes involving wealthy individuals and organizations; 3) any principled moral or ethical analysis demonstrates that the stakes are much higher in disputes involving low-income disputants than in disputes involving affluent individuals or organizations. Thus, the legal matters that attract a minute percentage of dispute resolution resources implicate issues of food and shelter, life and death. The Article describes a methodology - called "Resources of Dispute Resolution" or "RDR" - for …

Appropriate Practice? : A Study Of The Role And Co-Ordination Of Volunteer Appropriate Adults For Young Suspects, Harriet Louise Pierpoint

Other Faculty of Arts, Humanities and Business Theses

This thesis reports on the first empirical study of the volunteer appropriate adult service for young suspects and the first attempt to determine the extent and nature of volunteer appropriate adult provision nationally. The investigation provides an original insight into the philosophy, role, practice and co-ordination of the appropriate adult. At an empirical level, the investigation fills a gap in the current work on the appropriate adult by considering the use of volunteers in the role, in terms of their practice and co-ordination and the extent and nature of their use. The empirical research is based on a detailed case …

Carhampton Magistrate District In Relation To The 1856 County And Borough Police Act : A Case For Non-Statutory Policing, Janet Susan Setterington

Other Faculty of Arts, Humanities and Business Theses

The 1856 County and Borough Police Act had a pronounced effect on the criminal statistics in Somerset. Assize and Quarter Session committal statistics dropped across the county as a whole and this fall was reflected in six of seven individual magistrate areas studied. The seventh, the Carhampton magistrate district, showed no reduction in recorded crime. The records, in fact, suggest that the area was either subject to little criminal activity, or that people were not reporting offences. The lack of petty session records in Somerset prevented their inclusion in this study. In this thesis a number of criteria are applied …

Sayre: Undergraduate Catalog 2005-2006, Southwestern Oklahoma State University

Undergraduate Catalogs

This catalog describes courses offered at Southwestern Oklahoma State University at Sayre, Oklahoma during the 2005-2006 academic year.

Screening The Law: Ideology And Law In American Popular Culture, Naomi Mezey, Mark C. Niles

Georgetown Law Faculty Publications and Other Works

This Article is an attempt to think critically about the pop cultural life of law, to investigate the legal and ideological messages that cultural images of law bear, and to explore how, why and to what extent television and film differ in their portrayals of law. While many legal scholars have addressed the legal content of popular culture in recent years, few have explored the field expansively or interrogated the significant differences in the images of law and legal institutions produced in the different popular media. Some scholars have traced one legal theme through popular culture generally, others have focused …

2005 Lynn University Women's Soccer Media Guide, Lynn University Athletics

Athletics Media Guides

The 2005 Lynn University Women's Soccer Media Guide is a product of the Lynn University Sports Information Office.

2005-2006 Lynn University Men's Basketball Media Guide, Lynn University Athletics

Athletics Media Guides

The 2005-2006 Lynn University Men's Basketball Media Guide is a product of the Lynn University Sports Information Office.

Illusions Of Liberty And Equality: An "Alien's" View Of Tiered Scrutiny, Ad Hoc Balancing, Governmental Power, And Judicial Imperialism, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai

Faculty Articles

Torture as a past and present tool of interrogation in Iraq threatens to undermine the country's struggle towards democracy. In confronting the substantial task of reforming interrogation practices and their public perception, Iraqis may draw valuable lessons from the United States' experience with the constitutional regulation of the admissibility of confessions in criminal cases. After reviewing the constitutional bases relied on by the U.S. Supreme Court to exclude confessions, this Article argues that writing Miranda-like rules into the Iraqi constitution would go far in alleviating the especially coercive environment of custodial interrogation in Iraq and restoring public confidence in the …

The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Undergraduate Catalog 2005-2006, University Of North Florida

UNF Course Catalogs

No abstract provided.

Dunks And Drunks: Depictions Of Drug And Alcohol Use Among High School Athletes In Film, Peter S. Finley, Laura L. Finley

Essays in Education

Mediated portrayals of student-athletes can provide strong role models for realworld student-athletes. This research explored the images of student-athletes in sportrelated films regarding depictions of drug and alcohol use. A content analysis of six sport-related films released between 1994 and 2000 was conducted 1) to address whether such films accurately depicted drug and alcohol use among student-athletes and 2) to consider how these presentations might impact viewers who are, themselves, high school student-athletes. Results suggested that the films reinforced the notion that student-athletes are supposed to experiment with drugs and alcohol as a part of the social role relative to …

Faculty Perceptions Of Academic Freedom At A Metropolitan University: A Case Study, Zachary Grant Goodell

Theses and Dissertations

This research study examines how faculty perceive academic freedom at a metropolitan university. Thirty structured interviews were conducted with social science faculty, who have been tenured for 10 years or more, at Virginia Commonwealth University (VCU). These faculty came from the departments of Sociology, Psychology, Anthropology, Political Science, Urban Studies, Criminal Justice, Women’s Studies, and African-American Studies. The following five questions were the central research questions: (a) how do core faculty in the social sciences at VCU define academic freedom; (b) do these same faculty perceive academic freedom to be a significant feature of a career in higher education; (c) …

Measuring Community Consensus In Facial Characterization Using Spatial Databases And Fuzzy Logic, James Lee Mastros

Theses and Dissertations

Spatial databases store geometric objects and capture spatial relationships that can be used to represent key features of the human face. One can search spatial databases for these objects, and seek the relationships between them, using fuzzy logic to provide a natural way to describe the human face for the purposes of facial characterization. This study focuses on community perception of short, average, or long nose length. Three algorithms were used to update community opinion of nose length. All three methods showed similar trends in nose length classification which could indicate that the effort to extract spatial data from images …

Gvsu Undergraduate And Graduate Catalog, 2005-2006, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2005-2006 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Center For Undergraduate Studies 2005-2006 Catalog, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

2005 Program, University Of Missouri-St. Louis

Undergraduate Research Symposium

University of Missouri-St. Louis Undergraduate Research Symposium Program