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Unf Journal Winter 2005, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

Anti-Arab Hate Crimes In The Aftermath Of September 11, 2001: Assessing The Influence Of Geographic And Situational Factors, Ilir Disha

USF Tampa Graduate Theses and Dissertations

This study investigates how hate crimes in general and anti-Arab hate crimes in particular were distributed across different regions of the United States during the 2001- 2002 period. The study explores how a historical event – the terrorist attacks against the U.S. on September 11, 2001 – and county population demographics affect the rates of hate crime against Arabs, Muslims or Middle Easterners. It was hypothesized that antiArab or anti-Muslim hate crimes displaced other forms of hate crime and were characterized by open acts of violence. According to the contact hypothesis, anti-Arab and anti-Muslim hate crimes would be more likely …

The Tragedy Of False Confessions (And A Common Sense Proposal), Alan Hirsch

North Dakota Law Review

Book review of Margaret Edds' An Expendable Man.

Constitutional Law - Personal, Civil, And Political Rights: The Rights Of The Disabled To Physical And Legal Access To The Courts Is Upheld Under Title Ii Of The Americans With Disabilities Act - Tennessee V. Lane, Lesley B. Foss

North Dakota Law Review

No abstract provided.

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries

Faculty Law Review Articles

Domestic violence offenses are difficult to prosecute because the batterer's actions often make the victim unavailable to testify. Since the mid- 1990s, prosecutors have pursued "victimless" prosecutions' to combat the problem.2 Victimless prosecutions seek to introduce reliable evidence without the victim's in-court testimony, often to maintain the victim's safety or to avoid re-victimizing the victim.3 The victimless prosecution is based largely on the admission of hearsay statements that a victim makes to 911 operators, police officers, doctors, nurses, paramedics, and social workers.4 Victimless prosecution has been a highly successful tool in society's efforts to eradicate domestic violence and it is …

The Campus Crime And Security Report, V. 9 (Fall 2004), Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Does The Type Of Legal Representation Affect Sentencing Outcomes?, Elaine L. Hill

Undergraduate Economic Review

This paper examines the potential differences in sentencing outcomes for public defenders compared with private attorneys. I explore the economic literature for explanations, implications, and results. There is a need for extensive research within the field of economics to provide empirical results to offset the mostly game-theoretically dominated discussion of the criminal justice system. The results are inconclusive due to a lack of statistical significance and potential selection bias in the data. Future research relating to this study is also discussed.

Reflections On Fifteen Years Of The Teague V. Lane Retroactivity Paradigm: A Study Of The Persistence, The Pervasiveness, And The Perversity Of The Court's Doctrine, Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Foreword: Overcriminalization: The Politics Of Crime, Ellen S. Podgor

American University Law Review

No abstract provided.

Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr.

American University Law Review

No abstract provided.

Bulletin Of The University Of San Diego School Of Law 2005-2007, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

44 pages : illustrations, photographs ; 29.5 cm

Advocate 2005 Volume 21 Number 2, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

Maternal Smoking Contributes To The Development Of Childhood Adhd, Kelly Sadowski, Thomas G. Parish

Internet Journal of Allied Health Sciences and Practice

A review of the literature was undertaken concerning maternal cigarette smoking during pregnancy. A link between this behavior and an increased incidence of behavioral disorders, specifically Attention Deficit/Hyperactivity Disorder (ADHD) was explored. The review was performed using Medline, CINAHL, and Pubmed. Search terms used were maternal smoking, ADHD, and behavioral disorders. Maternal smoking during pregnancy appears to be associated with an increased incidence of ADHD in childhood. A direct causative relationship has not been established. However, after controlling for other potential variables such as maternal age, education and socioeconomic status, it can be concluded that smoking during pregnancy is associated …

A Content Analysis Of Persuasion Techniques Used On White Supremacist Websites, Georgie Ann Weatherby, Brian Scoggins

Journal of Hate Studies

The Internet has made it possible for people to access just about any information they could possibly want. Conversely, it has given organizations a vehicle through which they can get their message out to a large audience. Hate groups have found the Internet particularly appealing, because they are able to get their uncensored message out to an unlimited number of people (ADL 2005). This is an issue that is not likely to go away.

To Charge Or Not To Charge?-That Is The Question: The Pursuit Of Strategic Advantage In Prosecutional Decision-Making Surrounding Hate Crime, Beverly Mcphail, Valerie Jenness

Journal of Hate Studies

We asked prosecutors how they think about hate crimes and which factors do and do not influence their decision-making processes when deciding whether to charge a hate crime (add a hate crime enhancement). Our empirical findings along these line provide the first glimpse of the dynamics that underlie the prosecution of hate crime.

Spyware And The Limits Of Surveillance Law, Patricia L. Bellia

Journal Articles

For policymakers, litigants, and commentators seeking to address the threats digital technology poses for privacy, electronic surveillance law remains a weapon of choice. The debate over how best to respond to the spyware problem provides only the most recent illustration of that fact. Although there is much controversy over how to define spyware, that label encompasses at least some software that monitors a computer user's electronic communications. Federal surveillance statutes thus present an intuitive fit for responding to the regulatory challenges of spyware, because those statutes bar the unauthorized acquisition of electronic communications and related data in some circumstances. Indeed, …

Psychopathy And Compliance Correlates For Male Delinquents In A Community Program, Marshall Jackson Robinson

Open Access Dissertations

Psychopathy, the constellation of behaviors and attitudes characterized by aggressive predation, manipulation, callousness, exploitation, and which is often connected with criminality, can exact a substantial interpersonal and social toll. While the prevalence of psychopathy is extremely low among the general public, it is a significant population within the realms of criminal justice and mental health. Researchers have linked psychopathy to chronic antisocial behavior across the life span, and have established strong links between adult psychopathy and certain subpopulations of behaviorally dysfunctional youth. Within the last ten years much work has gone into conceptualizing and applying the construct of psychopathy to …

Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein

Articles by Maurer Faculty

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413 and 414 (concerning rape and child abuse, respectively) allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity. Courts have rejected due process challenges to the new rules, holding that Federal Rule of Evidence 403 serves as a check on any fairness concerns. However, courts' application of Rule 403 in cases involving these sexual propensity rules is troubling. Relying on the legislative history of the new rules and announcing a presumption of admissibility, courts have forsaken the traditional operation of …

Data Matching, Data Mining, And Due Process, Daniel J. Steinbock

Georgia Law Review

The Article concerns the governmental use of computerized data matching (comparison of records) and data mining (profiling),which increasingly are aimed at locating potential terrorists. The most striking aspect of virtually all anti-terrorist data matching and data mining decisions is the total absence of even the most rudimentary procedures for notice, hearing, or other opportunities for meaningful participation before, or even after, the deprivation is imposed. The Article evaluates under Fourth Amendment and due process standards a variety of law enforcement activities data matching or data mining might instigate. After reviewing these activities' potential effects on private, governmental, and accuracy interests, …

The Story Of United States V. Salerno: The Constitutionality Of Regulatory Detention, Daniel C. Richman

Faculty Scholarship

Is it constitutional for the government to lock up people without waiting to convict them at trial? If it is, what are the limits on the government's power to lock up anyone it deems dangerous? These are issues raised by preventive detention provisions in bail statutes, and addressed in United States v. Salerno. The controversy about these bail statutes, once so hotly contested, has died down. But the broader questions about the government's power to detain suspected criminals without giving them the benefit of full criminal process remain unresolved, and have taken on a new urgency as the nation confronts …

The Bustle Of Horses On A Ship: Drug Control In New York City Public Housing, Jeffrey Fagan, Garth Davies, Jan Holland, Tamara Dumanovsky

Faculty Scholarship

For decades, violence, drugs and public housing have been closely linked in political culture and popular imagination. In 1990, the Department of Housing and Urban Development (HUD) made funds available to public housing authorities to combat drug and crime problems. This program, the Drug Elimination Program (DEP) combined several strategies under one administrative umbrella: police enforcement, drug treatment, drug prevention, youth and gang outreach, community organizing, integrated health and social service agencies, and tenant mobilization projects. In New York, the Housing Authority spent $165 million on DEP in its 330 public housing sites between 1990 and 1996. Yet there has …

South Dakota Law Review 50th Anniversary Cumulative Author Index, Vols. 1-50, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Sentencing: Learning From, And Worrying About, The States, Gerard E. Lynch

Faculty Scholarship

The Columbia Law Review's Symposium on sentencing, which took place less than two weeks after the Supreme Court's dramatic semi-invalidation of the federal sentencing guidelines, was certainly timely. Nevertheless, it is critical to understanding the Symposium's purposes to realize that it was not planned in response to United States v. Booker, or even to Blakely v. Washington. The Symposium was conceived before either case was decided, as a very conscious attempt to steer the discussion of sentencing away from Congress and the federal guidelines and toward states' experiences. The vast majority of criminals are sentenced in state …

Al Capone's Revenge: An Essay On The Political Economy Of Pretextual Prosecution, Daniel C. Richman, William J. Stuntz

Faculty Scholarship

Most analyses of pretextual prosecutions – cases in which prosecutors target defendants based on suspicion of one crime but prosecute them for another, lesser crime – focus on the defendant's interest in fair treatment. Far too little attention is given to the strong social interest in non-pretextual prosecutions. Charging criminals with their "true" crimes makes criminal law enforcement more transparent, and hence more politically accountable. It probably also facilitates deterrence. Meanwhile, prosecutorial strategies of the sort used to "get" Al Capone can create serious credibility problems. The Justice Department has struggled with those problems as it has used Capone-style strategies …

Justice And Fairness In The Protection Of Crime Victims, George P. Fletcher

Faculty Scholarship

In this Article, Professor Fletcher discusses the crucial distinction between justice and fairness-as well as its effect on the shifting "boundaries of victimhood "-from a comparative viewpoint by examining the approaches that various human rights instruments take to the problem of victims' rights. While the European Convention on Human Rights represents an evolving "middle ground" in the treatment of victims' rights (such recent cases as X. & Y. v. The Netherlands, A. v. United Kingdom, and M.C. v. Bulgaria are examined), only the Rome Statute of the International Criminal Court gives real priority to victims of crime with …

Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

In 2003, the Florida District Court of Appeal reversed the murder conviction and life sentence imposed on Lionel Tate, who was twelve years old when he killed his six-year-old neighbor. Since Lionel was reported to be the youngest person in modern times to be sent to prison for life, the case had generated considerable debate, and the decision was appealed on several grounds. What persuaded the appellate court that the conviction could not stand, however, was the trial court's rejection of a petition by Lionel's attorney for an evaluation of his client's competence to assist counsel and to make a …

Rethinking Retroactivity, Robert J. Jackson Jr.

Faculty Scholarship

Under the stringent test set forth in Teague v. Lane,' defendants convicted of criminal offenses are generally unable to collaterally attack their convictions by invoking constitutional rules of criminal procedure announced after their convictions become final.2 The purported exception to this general principle is said to require that a new constitutional rule be "implicit in the concept of ordered liberty'3 for it to be applied to criminal cases decided before its pronouncement. Once a rule of criminal procedure is characterized as "new,"4 Teague prohibits the rule's invocation in habeas proceedings unless the rule both "assure[s] that no man has been …

Watchdog Or Demagogue? The Media In The Chinese Legal System, Benjamin L. Liebman

Faculty Scholarship

Over the past decade, the Chinese media have emerged as among the most influential actors in the Chinese legal system. As media commercialization and increased editorial discretion have combined with growing attention to social and legal problems, the media have gained incentives to expand their traditional mouthpiece roles in new directions. As a result, the media have emerged as one of the most effective and important avenues of citizen redress. Their role in the legal system, however, has also brought them increasingly into conflict with China's courts.

This Article examines the implications of the media's roles in the Chinese legal …

Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffery Fagan, Edward P. Mulvey, Laurence Steinberg, Candice Odgers

Faculty Scholarship

Legal socialization is the process through which individuals acquire attitudes and beliefs about the law, legal authorities, and legal institutions. This occurs through individuals' interactions, both personal and vicarious, with police, courts, and other legal actors. To date, most of what is known about legal socialization comes from studies of individual differences among adults in their perceived legitimacy of law and legal institutions, and in their cynicism about the law and its underlying norms. This work shows that adults' attitudes about the legitimacy of law are directly tied to individuals' compliance with the law and cooperation with legal authorities. Despite …

Historical Roots Of Regional Sentencing Variation, The Symposium, Ian Weinstein

Faculty Scholarship

I am a law professor and a criminal defense lawyer, not a historian. It is with some trepidation that I stand before you to suggest that our very persistent regional sentencing variations have roots in the political struggles of Reformation England and the cultures of the subgroups that populated the first American colonies. I rely upon others for the historical proof, as you will see, but I think I do have standing to argue to you that we should consider whether or not there is room, even in federal sentencing, to account for deeply embedded regional variations in our basic …