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Cleaning Up The Eighth Amendment Mess, Tom Stacy

William & Mary Bill of Rights Journal

This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …

Criminal Law, Laura D. Hogue, Franklin J. Hogue

Mercer Law Review

In this survey of Georgia criminal law, we have selected only those cases that we deemed to be of interest to those of us who practice in the area of criminal law. For space reasons, however, we could not include every interesting case, even in footnotes. Other writers of this survey would have selected differently, no doubt. We also were able to omit all death penalty cases and cases involving strictly evidentiary issues, as two other fine articles in this edition of the Mercer Law Review cover those cases.

Evidence, Marc T. Treadwell

Mercer Law Review

During its 2005 session, the Georgia General Assembly passed legislation, commonly known as Senate Bill 3, that will, if upheld by the courts, dramatically impact Georgia's civil justice system. Two provisions of Senate Bill 3 will change Georgia evidence law. The Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1(f), discussed in more detail below, purports to adopt Federal Rule of Evidence 702, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. , and create special rules for expert testimony in medical negligence actions. A new rule for the admission of mistake or error by medical providers …

The Opinion Volume 44 Issue 4 – December 1, 2005, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December, 1, 2005

Women’S Representation And Status In Law Enforcement: Does Calea Involvement Make A Difference?, David Burlingame, Agnes L. Baro

Peer Reviewed Publications

This study’s objective was to determine if involvement in the Commission on Accreditation for Law Enforcement Agencies (CALEA) accreditation process will have a significant, positive effect on the representation of sworn women in large police agencies at all organizational levels and on the representation of women of color as a percentage of the total workforce. This study compared 193 large (100 or more sworn personnel) non-CALEA agencies with 201 large CALEA agencies. Results of this research suggest that there are significant differences between CALEA and non-CALEA agencies and that involvement in the CALEA accreditation process appears to encourage and facilitate …

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 …

United States V. Lifshitz: Warrantless Computer Monitoring And The Fourth Amendment, Shauna Curphey

Loyola of Los Angeles Law Review

No abstract provided.

Capping The Governmant's Needle: The Need To Protect Parolees' Fourth Amendment Privacy Interests From Suspicionless Dna Searches In United States V. Kincade, Gilbert J. Villaflor

Loyola of Los Angeles Law Review

No abstract provided.

New Jersey Search-And-Seizure Law: A Recent Perspective, Peter G. Verniero

Seton Hall Law Review

No abstract provided.

Job Perceptions Within Campus Law Enforcement, Duane Terpstra

Dissertations

The purpose of the study was to determine to what degree do practicing campus police officers' perceptions of their job responsibilities align with those conceptualized as ideal by scholars in the area of campus law enforcement, and if the perceptions do not align, what accounts for the lack of alignment. A survey was used to examine the relationship between the job satisfaction of campus police officers and their job responsibilities.

The research procedure consisted of a survey that was sent to police offices located in the East North Central region as defined by the Department of Justice, which consists of …

Something's Missing: Justice Restored, Lisa Ramsey

Honors Theses

No abstract provided.

A Sociological History Of Prison Privatization In The Contemporary United States, Donna Selman-Killingbeck

Dissertations

This dissertation is framed by the radical criminological-theoretical perspective and utilizes the social constructionist method of analysis to examine the development of prison privatization in the United States. Central to this analysis is the question: How is it that, given the disastrous history of blatant attempts to blend capitalism and punishment, contemporary privatization of prisons not only emerged but continues to expand becoming a multinational incarceration industry? Three phases of privatization: emergence, maintenance and perpetuation, are illuminated in their political, economic and cultural contexts. Thestrategies and techniques, access to power, claims-making and managing counterclaims for example, of various stakeholders in …

Journal Of Sociology & Social Welfare Vol. 32, No. 4 (December 2005)

The Journal of Sociology & Social Welfare

TABLE OF CONTENTS

• THE ROLES OF BUDDHIST TEMPLES IN THE TREATMENT OF HIV/AIDS IN THAILAND - Tomoko Kubotani and David Engstrom
• QUANTIFYING SOCIAL ENTITIES: AN HISTORICAL-SOCIOLOGICAL CRITIQUE - Julian Neylan
• COPYING FAILURE: AMERICAN-STYLE WELFARE REFORM IN OTHER COUNTRIES LONE MOTHERS AND WELFARE-TO-WORK POLICIES IN JAPAN AND THE UNITED STATES: TOWARDS AN ALTERNATIVE PERSPECTIVE - Aya Ezawa and Chisa Fujiwara
• WORKFARE IN TORONTO: MORE OF THE SAME? A RESEARCH NOTE - Ernie Lightman, Andrew Mitchell, and Dean Herd
• FROM SELF-SUFFICIENCY TO PERSONAL AND FAMILY SUSTAINABILITY: A NEW PARADIGM FOR SOCIAL POLICY - Robert Leibson Hawkins
• AN EXPLORATORY STUDY OF NEIGHBORHOOD CHOICES …

How Has The Violence Against Women Act Affected The Response Of The Criminal Justice System To Domestic Violence?, Hyunkag Cho, Dina J. Wilke

The Journal of Sociology & Social Welfare

This study uses an interrupted time series design to examine the association between the Violence Against Women Act of 1994 (VAWA) and several different dimensions of the criminal justice system's involvement in violence against women. These include examining the domestic violence incidence rate, and rates of police notification, arrest, and judicial authorities' involvement. Data from the National Crime Victimization Survey from 1992 to 2003 is used. Results suggest that overall the incidence of domestic violence has decreased while police notification and perpetrator arrest have increased over time. Further, victim involvement with judicial authorities significantly increased after enactment of the VAWA. …

"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

University Reporter - Volume 10, Number 04 - December 2005

1996-2009, University Reporter

This issue of the University Reporter includes articles about National Institute of Health funding for a Dana-Farber/Harvard Cancer Center and UMass Boston partnership, the Institute for Asian American Studies and the Mauricio Gastón Institute for Latino Community Development and Public Policy sponsored studies of the ways immigrant entrepreneurs contribute to the neighborhoods, Provost Paul Fonteyn's efforts to bring science education to displaced Hussicane Katrina students, and other news from UMass Boston.

Simulating Discriminatory Profiling, Oscar Neal

Masters Theses

There is a concern that racial profiling is being used to invoke searches and stops in spite of its violation of the fourth amendment. Simulation methods are used to study the correlation test of stops, searches and citations with race, age, and gender. The design uses sensitivity analysis of inputs to determine their relationship to outputs statistics of a police department's citations and stops. Experimental results are than used to verify and predict departmental bias. A simulation program written in Visual Basic is used as a tool to explore simulation techniques. A formulation of simulation uses in studying discriminatory profiling …

Judicial Opinion On The Criminality Of Sports Violence In The United States, Mathew P. Barry, Richard L. Fox, Clark Jones

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Pretrial Publicity, Presumed Prejudice, And Change Of Venue In Alaska: Public Opinion Surveys As A Tool To Measure The Impact Of Prejudicial Pretrial Publicity, Rich Curtner, Melissa Kassier

Alaska Law Review

No abstract provided.

Human Resources Management: An Exploration Of Strategic Human Resources Management In Michigan Police Organizations, Jason L. Hunt

Masters Theses

There exists in the law enforcement community an antiquated notion that reactive management policies and practices are sufficient for the day-to-day operations of police organizations (Tafoya 1986,1990; Manning, 1997; Anderson, 2000). The law enforcement community remains highly resistant to change and unfortunately maintaining the ‘status quo’ inhibits the ability of police organizations to prepare for the uncertainties of an ever-changing environment (Tafoya, 1990; Manning, 1997; Anderson 2000).

The research presented here demonstrates the need for the law enforcement community to evaluate management strategies and move toward proactive management practices that are promoted from within the organization rather than from outside …

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

William & Mary Law Review

No abstract provided.

December 2005 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

The New Textualists' New Text, Lawrence M. Solan

Loyola of Los Angeles Law Review

No abstract provided.

Selected Georgia High School Principals' Perceptions Of Student Diversity, Ronald James Wiggins

College of Graduate Studies: Theses & Dissertations

This study was conducted to identify Georgia high school principals' perceptions of student diversity. The student demographics of many Georgia school districts and schools are changing rapidly, while some school districts and schools have not experienced much, if any, demographic change. As a result, it is important for principals to be aware of what other principals perceive as advantages and disadvantages, the types of policies/programs that impact principals in regard to student diversity as well as to be familiar with artifactual evidence that may represent an appreciation or awareness of student diversity. The data displayed in this study was gathered …

State Punishment And Private Prisons, Sharon Dolovich

Duke Law Journal

To date, the debate over private prisons has focused largely on the relative efficiency of private prisons as compared to their publicly-run counterparts, and has assumed that, if private contractors can run the prisons for less money than the state without a drop in quality, then states should be willing to privatize. This "comparative efficiency" approach, however, has two significant problems. First, it is concerned exclusively with efficiency, despite the fact that the privatization of prisons arguably implicates more urgent values. Second, it accepts the current state of public prisons as an unproblematic baseline, thus failing to consider the possibility …

A Web-Based Environment For Automated Dental Identification Research, Satyasrinivas Chekuri

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Criminal Justice Information Services (CJIS), division of the Federal Bureau of Investigations (FBI), include in its strategic plan the creation of an Automated Dental Identification System (ADIS), a Post Mortem Dental Identification System.;This project aims at designing an end-to-end web-interface to meet the requirements of ADIS like Identification, Maintenance and Bridge Modules. In Identification Mode the subject record will be uploaded by the user and the match list is obtained as result. Maintenance Mode enables uploading of reference records and to populate the database with preprocessing data. Bridge Module enables researchers from other universities to use the database designed …

Automated Dental Identification: A Micro-Macro Decision-Making Approach, Diaa Eldin M. Nassar

Graduate Theses, Dissertations, and Problem Reports (ETD)

Identification of deceased individuals based on dental characteristics is receiving increased attention, especially with the large volume of victims encountered in mass disasters. In this work we consider three important problems in automated dental identification beyond the basic approach of tooth-to-tooth matching.;The first problem is on automatic classification of teeth into incisors, canines, premolars and molars as part of creating a data structure that guides tooth-to-tooth matching, thus avoiding illogical comparisons that inefficiently consume the limited computational resources and may also mislead the decision-making. We tackle this problem using principal component analysis and string matching techniques. We reconstruct the segmented …

The Inkwell, Armstrong Atlantic State University

The Inkwell

No abstract provided.

Earmstrong, Armstrong Atlantic State University

Armstrong News & Publications: e-Armstrong Newsletter (Archived)

No abstract provided.

The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders

American University Law Review

The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest …