Digital Commons Network^™

Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler

Faculty Scholarship

Research on children and the law has recently renewed its focus on the development of children's ties to law and legal actors. We identify the developmental process through which these relations develop as legal socialization, a process that unfolds during childhood and adolescence as part of a vector of developmental capital that promotes compliance with the law and cooperation with legal actors. In this paper, we show that ties to the law and perceptions of law and legal actors among children and adolescents change over time and age. We show that neighborhood contexts and experiences with legal actors shape the …

An Analysis Of The Nypd's Stop-And-Frisk Policy In The Context Of Claims Of Racial Bias, Andrew Gelman, Alex Kiss, Jeffrey Fagan

Faculty Scholarship

Recent studies by police departments and researchers confirm that police stop racial and ethnic minority citizens more often than whites, relative to their proportions in the population. However, it has been argued stop rates more accurately reflect rates of crimes committed by each ethnic group, or that stop rates reflect elevated rates in specific social areas such as neighborhoods or precincts. Most of the research on stop rates and police-citizen interactions has focused on traffic stops, and analyses of pedestrian stops are rare. In this paper, we analyze data from 175,000 pedestrian stops by the New York Police Department over …

Against Prediction: Sentencing, Policing, And Punishing In An Actuarial Age, Bernard E. Harcourt

Faculty Scholarship

Actuarial methods – i.e., the use of statistical rather than clinical methods on large datasets of criminal offending rates to determine different levels of offending associated with one or more group traits, in order to (1) predict past, present or future criminal behavior and (2) administer a criminal justice outcome – now permeates the criminal law and its enforcement. With the single exception of racial profiling against African-Americans and Hispanics, most people view the turn to the actuarial as efficient, rational, and wealth-maximizing. The fact is, law enforcement agencies can detect more crime with the same resources if they investigate …

Arrests Among Homeless And Runaway Youths: The Effects Of Race And Gender, Kevin A. Yoder, Ed A. Muñoz, Les B. Whitbeck, Dan R. Hoyt, Barbara J. Mcmorris

Department of Sociology: Faculty Publications

This study examined the contributions of race and gender to the likelihood of a first post-run arrest for a more serious and less serious offense in a sample of homeless and runaway youths from four Midwestern states. Event history analysis was used to test the hypothesis that race and gender would interact so that the likelihood of a first post-run arrest for a more serious and less serious offense would be highest for non-white males and non-white females, respectively. Potentially confounding factors—deviant subsistence strategies, substance use, gang involvement and membership, prior arrests, age, prior physical abuse, age on own, and …

Is Obtaining An Arrestee's Dna A Valid Special Needs Search Under The Fourth Amendment? What Should (And Will) The Supreme Court Do?, Tracey Maclin

Faculty Scholarship

An increasing number of states are enacting laws authorizing the forcible taking and analysis of DNA from certain categories of arrestees. For example, California's Proposition 69 requires state law enforcement officials to obtain DNA samples from certain arrestees. By 2009, Proposition 69 will require a DNA sample from every adult arrested for or charged with a felony. This article addresses the constitutionality, under the Fourth Amendment, of taking DNA samples from persons subject to arrest. In particular, the article focuses on the statutes of Virginia and Louisiana, which have authorized DNA sampling of persons arrested for violent crimes and sex …

Frankl, Bettelheim, And The Camps, Amy Louise Adamczyk

Publications and Research

Immediately after the Holocaust a number of researchers wrote about and developed theories on how inmates' personalities changed because of time spent within Nazi concentration camps. The camps offered an unfortunate setting to understand socialization within total institutions. Some of the most important contributions to that literature have come from Victor Frankl and Bruno Bettelheim. They wrote about their experiences of imprisonment and presented markedly different accounts on what happened to prisoners' personalities. Although literature on the Holocaust is still prevalent, even as survivors have aged, less attention has been given to how the camps influenced inmates' personalities. Nevertheless, many …

On Commonplace Punishment Theory, Kyron J. Huigens

Articles

No abstract provided.

Solving The Williams Puzzle, Kyron J. Huigens

Articles

In the 1949 case of Williams v. New York, the United States Supreme Court approved of judicial factfinding as a feature of discretionary sentencing. The Court's more recent ban on judicial factfinding in determinate sentencing systems would seem to apply to discretionary sentencing systems as well, implying that Williams is no longer good law. If a sentencing judge may find facts in the exercise of discretionary sentencing as a matter of due process, then a legislature's attempt to introduce rule-of-law values into sentencing by creating a determinate sentencing regime hardly seems to call for constitutional limitations on judicial factfinding. And …

The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley

Articles

No abstract provided.

Constitutional Historicism: An Examination Of The Eighth Amendment Evolving Standards Of Decency Test, William C. Heffernan

American University Law Review

No abstract provided.

The Clarion, 2005, University High School

Yearbooks

The Clarion of University High School, Normal, Illinois, 2005.

Morality, Community, And The Legal Profession, Kenneth W. Starr

Wyoming Law Review

No abstract provided.

The Overcriminalization Phenomenon, Erik Luna

American University Law Review

No abstract provided.

An Ethical Manifesto For Public Defenders, Monroe H. Freedman

Hofstra Law Faculty Scholarship

One way the states have purported to meet their constitutional obligation to provide counsel to poor people accused of crimes has been through court-appointed lawyers. However, the paltry compensation paid for these services has generally been inadequate to attract competent lawyers. In addition, judges have too often selected court appointed lawyers precisely because the lawyers are incompetent, and can be counted on to move the courts' calendars quickly by entering hasty guilty pleas in virtually all cases. In those few cases in which the accused insists on his right to trial by jury, the trials typically move rapidly because the …

U.S.Drug Control Policy: Clinging To An Outdated Perspective, Ryan A. Kemper '05

Res Publica - Journal of Undergraduate Research

Since President Nixon declared that the U.S. was to wage an “all out war” against the use of illegal drugs, the “war on drugs” has been part of the American vocabulary as well as domestic policy. The 1970 Comprehensive Drug Abuse Prevention and Control Act consolidated all previous legislation concerning drug control, while the Controlled Substances Act established the legality of substances with a five-category system based on medical value and addictiveness of the drug (pbs.org). For the most part, however, early efforts were organizational in nature; the domestic “war” would be fought more than a decade later. It is …

The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi

Osgoode Hall Law Journal

This article contrasts and compares the war on terror and the war of terror in the wake of, and before, 11 September 2001. The philosophical underpinnings involved in defining "terrorism" are analyzed in the context of the United States' war on terrorism and related wars of terrorism, such as the 1998 World Islamic Council's fatwa. Both wars fall within the wording of recent United Nations' Resolutions that address the adverse impact of terrorism on Human Rights. The understanding of the meaning of "terrorism" by those promoting the war on terrorism provides a powerful political tool, notwithstanding effects on Human Rights …

Cameras In Court: A Utilitarian Ethical Approach, Kylie L. Greene

Dissertations and Theses @ UNI

Cameras in Court: A Utilitarian Ethical Approach is a theoretical discussion that establishes ethical guidelines for journalists and judges concerning cameras in court. Using utilitarian and deontological ethics the research will show that the current professional codes for journalists and judges are not sufficient and that a more utilitarian approach is necessary. Although still cameras were allowed in courtrooms in the early 1900s, it was the 1995 trial of football star O.J. Simpson that many say forever changed the way journalists, judges, and the public viewed cameras in court. Today, many judges are restricting camera access in high-profile cases, while …

A Qualitative Investigation Of Student Interactions In A Learning Activity Center: Defining Success, At-Risk Factors, And Resiliency For Developmental Programs In Community Colleges, John L. Kalkwarf

Dissertations and Theses @ UNI

This purposive study selected ten students of different background in order to understand how the educational success of adults was affected by Learning Activity Centers (LAC) in a community college. The ten selected students were all non-traditional students who had at least these three at-risk factors: (a) they scored below the college minimums on a diagnostic test in reading, writing, or mathematics, (b) they were below student financial aid guidelines, and (c) they had an interrupted educational history of two or more years. The ten students were paired into five categories: (a) Sudanese males, (b) Mexican females, (c) single parent …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Faculty Scholarship

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …

An Investigation Of Psychologists' Attitudes Toward Sex Offenders, Lori M. Cichon

All-Inclusive List of Electronic Theses and Dissertations

The present study investigated differences in psychologists' attitudes toward sex offenders. The independent variables were biological sex, categorized as male and female, and amount of training in working with sex offenders, categorized as none versus some. Three hundred and fourteen participants were included in this study and a 2 x 2 Factorial ANOVA was conducted. An interaction between biological sex and training was found. Without training, female psychologists held more negative attitudes toward sex offenders than male psychologists without training. With training, female psychologists' attitudes toward sex offenders were slightly more positive than their male counterparts. A significant main effect …

Some Brief Observations On The Significance Of Deterrence In Braithwaite's 'Pre-Empting Terrorism', Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.

Alcohol And Drug Related Offences: Determining Predictive Factors For Reducing Re-Offending, Rachel Bennett

Theses: Doctorates and Masters

The association between dependent drug use and criminal behaviour is well known. This coupled with evidence about the efficacy of treatment in addressing drug use has led many jurisdictions to incorporate treatment interventions into their criminal justice systems. The aim of these interventions that use the law as a therapeutic agent (known as ‘therapeutic jurisprudence') is to reduce by mandating drug dependent offenders into treatment, future offending. However, within the treatment effectiveness literature there is also evidence of individuals resolving their drug use problems without engagement in treatment. The term ‘natural recovery’ has been used to describe this phenomenon. Research …

The Civilization Of The Criminal Law, Christopher Slobogin

Vanderbilt Law Review

The boundaries of the criminal justice system are eroding. A vast amount of relatively innocuous behavior is now criminalized. The line between criminal penalties and administrative sanctions is dissolving, as criminal law relaxes its mens rea requirements and government bureaucracies aggressively pursue regulatory violations. Distinctions between criminal and civil forfeiture, contempt, and deportation proceedings have been vanishingly subtle for some time. Perhaps the most serious assault on the integrity of today's criminal justice system, however, is the increasing prominence of the "dangerousness criterion" as justification for confinement by the government. Governmental deprivations of liberty have usually been the province of …

A Criminal Procedure Regime Based On Instrumental Values: A Review Of 'About Guilt And Innocence: The Origins, Development, And Future Of Constitutional Criminal Procedure,' By Donald A. Dripps (Prager Publishers, 2003), Tracey Maclin

Faculty Scholarship

Like many legal academics, Professor Donald Dripps believes that the Supreme Court's criminal procedure doctrine is a mess. Dripps believes that the Court's doctrine "is in large measure responsible for the failure of the criminal-procedure revolution" and contends that "current doctrine does not reflect prevailing (and justified) values about criminal process." To prove his claim, Dripps has written a book that expertly identifies the flaws, inconsistencies and missteps of the Court's constitutional criminal procedure cases dating back to the adoption of the Fourteenth Amendment. "About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure" is a comprehensive …

Crawford's Impact On Hearsay Statements In Domestic Violence And Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Faculty Publications

No abstract provided.

Toward A Reform-Minded Model For Securities Law Enforcement, Cristie Ford

All Faculty Publications

This paper examines a significant shift in enforcement practice at the United States Securities and Exchange Commission, originating under the Chairmanship of William Donaldson but likely to continue beyond it. This shift is a response to a crisis of corporate governance, exemplified by recent scandals among various public corporations and financial services institutions, and to the demonstrated inadequacy of SEC enforcement tools to respond to that crisis. While the SEC's new approach, which I call the Reform Undertaking, is incomplete, I argue that if properly implemented it may have the potential to spur institutional reform not only in corporate governance, …

Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett

Scholarly Works

The New Jersey Institute for Social Justice prepared this report in response to concerns about child support debt—in particular as it creates a barrier to employment for low-income parents and works at cross-purposes with the goals of the child support program. Drawing on examples from other states, this report identifies a range of policies that inform child support practice in New Jersey and offers administrative, legislative, and programmatic solutions to address child support arrears owed by low-income and incarcerated parents.

Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Scholarly Works

Advances in science and technology frequently raise new ethical, legal, and social issues, and developments in neuroscience and neuroimaging technology are no exception. Within the field of neuroethics, leading scientists, ethicists, and humanists are exploring the implications of efforts to image, study, treat, and enhance the human brain.

This article focuses on one aspect of neuroethics: the confidentiality and privacy implications of advances in functional magnetic resonance imaging (“fMRI”). Following a brief orientation to fMRI and an overview of some of its current and proposed uses, this article highlights key confidentiality and privacy issues raised by fMRI in the contexts …

Legal Reform: The Role Of Public Institutions And Legal Culture, Ruben J. Garcia

Scholarly Works

In this symposium held at California Western School of Law, Professor Garcia comments on the presentations of other participants and provides his own reflections about the role that legal cultures and legal institutions play in emerging democracies and in our very own.