Digital Commons Network^™

The Criminal Justice Principles Of Charles Hamilton Houston: Lessons In Innovation, José F. Anderson

University of Baltimore Law Review

No abstract provided.

Implications Of The Small V. United States Decision, Anwar K. Malik

Kentucky Law Journal

No abstract provided.

Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Issues In Article Iii Courts, Debra A. Livingston

Faculty Scholarship

Cases implicating classified information can pose difficult legal issues for Article III courts, and these issues may well grow more complicated and arise more frequently as the global war on terror continues. The manner in which these issues are resolved has profound implications for the national security, for the procedural rights of litigants, and for the public's ability to scrutinize legal proceedings. Indeed, the expanded use of secret evidence in Article III courts may raise questions about the very character of the courts themselves. Is there a point at which the demands placed upon these courts, pushing them in the …

The Paradox Of The Drug Elimination Program In New York City Public Housing, Jeffrey A. Fagan, Garth Davies, Jan Holland

Faculty Scholarship

In this study, we examine the effects of the DEP intervention at three levels of complementary theoretical and practical relevance: the public housing development itself, the neighborhood in which public housing is situated, and the police precinct where the tract is located. From surveys of residents, observations of program activities, and analyses of NYCHA's program records, we compiled detailed information on the components of DEP and the reactions of public housing residents to each type of intervention. We then analyzed panel data from 1985-1996 to estimate the effects of DEP on crime rates in and around the city's public housing …

Public Preferences For Rehabilitation Versus Incarceration Of Juvenile Offenders: Evidence From A Contingent Valuation Survey, Daniel S. Nagin, Alex R. Piquero, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

Research Summary:
Accurately gauging the public's support for alternative responses to juvenile offending is important, because policy makers often justify expenditures for punitive juvenile justice reforms on the basis of popular demand for tougher policies. In this study, we assess public support for both punitively and nonpunitively oriented juvenile justice policies by measuring respondents' willingness to pay for various policy proposals. We employ a methodology known as "contingent valuation" (CV) that permits the comparison of respondents' willingness to pay (WTP) for competing policy alternatives. Specifically, we compare CV-based estimates for the public's WTP for two distinctively different responses to serious …

Law, Politics, And The Appointments Process, Bradley W. Joondeph

Faculty Publications

In recent years, many commentators have called for the "depoliticization" of the judicial appointments process, arguing that politics and ideology have wrongly displaced objective merit in the selection of federal judges. In their book, Advice and Consent: The Politics of Judicial Appointments, Lee Epstein and Jeffrey Segal demonstrate why such prescriptions are misguided. Epstein and Segal are political scientists, not law professors, and thus have no normative stake in protecting constitutional law from politics, the preoccupation of many constitutional theorists. Instead, their aim is purely positive: to explain how the appointments process has actually functioned over the course of the …

Evidence History, The New Trace Evidence And Rumblings In The Future Of Proof, Robert P. Mosteller

Faculty Scholarship

This paper is in two parts. The first part is about developments in the rules of evidence and particularly about developments in the federal rules of evidence, which has had a major impact on evidence rules in many states. This part turns out to be largely about the past because my sense is that the impact of changes in the formal rules of evidence, which were substantial, are largely historic. To be sure future changes in the formal rules, particularly those that may be made as a result of the Supreme Court’s decision in Crawford v. Washington (2004) that dramatically …

Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow

Faculty Scholarship

The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets, languished indefinitely in state prisons. The court system shut its doors, the police department fell into disarray, few prosecutors remained, and a handful of public defenders could not meet with, much less represent, the thousands detained. This dire situation persisted for many months, long after the system should have been able to recover. We present a narrative of the collapse of the New Orleans area criminal …

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Faculty Scholarship

No abstract provided.

An Excuse-Centered Approach To Transitional Justice, David Gray

Faculty Scholarship

"Transitional justice" asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those "most responsible," amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …

Graduate And Undergraduate Catalog, 2006-2007, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2006-2007 academic year.

Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone

Journal of Criminal Law and Criminology

No abstract provided.

Bloggers As Reporters: An Effect-Based Approach To First Amendment Protections In A New Age Of Information Dissemination, Stephanie J. Frazee

Vanderbilt Journal of Entertainment & Technology Law

Numerous questions and concerns are presented by the Apple case and by the rising prominence of blogging in general. What protections are afforded to bloggers when they are relying on confidential sources to disseminate information? What protections should be afforded? How can a court determine when bloggers are acting as reporters in the first place? And, what protections do traditional reporters get in similar situations? This note will attempt to answer these questions with the purpose of the First Amendment (as well as the practicality and risks of extending its protections) in mind. The next section will follow the development …

Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom

St. Mary's Law Journal

The American Bar Association strongly discourages lawyers from being bondsmen due to the conflicts that can arise when a criminal defense attorney acts as their client's bail bondsman. These same ethical dilemmas can also be encountered in posting a bond for a client in civil matters such as probate, family law, and appeals. In Texas, lawyers are exempt from the requirements of licensure as a bondsmen, including the requirement to maintain a particular level of security to underwrite the bonds. Nonetheless, lawyers are still required to conform to the requirements regulating the practice of bondsmen. It is not enough for …

Aedpa: The "Hype" And The "Bite", John H. Blume

Cornell Law Faculty Publications

On April 24, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Thus, the AEDPA era began. While Clinton's presidential signing statement paid lip service to meaningful federal court review of state court convictions, AEDPA's supporters knew better. The fix was in, and happy habeas days were here again. But, as the old saying goes, "What if you gave a revolution and nobody came?" As I will argue, that is in many (but not all) respects what happened. In this Article, I have argued that AEDPA was, in many respects, more "hype" than "bite." For …

On The Value Of Prison Visits With Incarcerated Clients Represented On Appeal By A Law School Criminal Defense Clinic, Timothy Everett

Faculty Articles and Papers

No abstract provided.

Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn

GW Law Faculty Publications & Other Works

A critical issue for post conflict reconstruction is moving beyond criminal prosecutions that ensure accountability of perpetrators toward a system that also serves the needs of victims. When reconstruction includes disarmament, demobilization, and reintegration (DDR) and development services, these programs cannot be separated from perpetrator responsibility. The traditional criminal justice is perpetrator-centric. Alternative forms of justice have broadened this focus, recognizing that the legal system must respond to both victims and perpetrators. Transitional justice, which focuses on responding to past human rights violations, is critical to holding violators accountable for their acts.

In addition to criminal and civil accountability (rights-based …

Factors For Hiv /Aids Risk In Yunnan Province, China Near The Myanmar Border., Yan Xiao

All ETDs from UAB

No abstract provided.

State Of Utah V. Michael William Kissell : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

THIS IS A DIRECT APPEAL FROM AN ORDER ENTERED IN THE SEVENTH DISTRICT COURT IN AND FOR GRAND COUNTY, STATE OF UTAH, THE HONORABLE LYLE R. ANDERSON, JUDGE, PRESIDING.

State Of Utah V. Corey Evan Vonberg : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellant Vonberg

Appellant is Incarcerated

Panel Discussion: Bigger Carrots And Bigger Sticks: Issues And Developments In Corporate Sentencing, Jill E. Fisch, Hon. John S. Martin, Richard C. Breeden, Timothy Coleman, Stephen M. Cutler, Celeste Koeleveld, Richard H. Walker

Fordham Journal of Corporate & Financial Law

No abstract provided.

The State Of Utah V. Graham Austin : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

State Of Utah V. Tina Eileen Roberts : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR AGGRAVATED KIDNAPPING, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-5-302 (WEST 2004), IN THE FIFTH JUDICIAL DISTRICT COURT, WASHINGTON COUNTY, THE HONORABLE JAMES L. SHUMATE PRESIDING

Avl And Response Time Reduction: Image And Reality, Charles Russo

Electronic Theses and Dissertations

Automatic vehicle locator (AVL) systems, utilizing military's global positioning system, may impact response time to law enforcement calls for service. In order to evaluate the impacts of AVL on response time to calls for service at the Altamonte Springs Police Department (ASPD), computer aided dispatch (CAD) data from years 1999 to 2003 were analyzed. The analysis of each of the data sets consisted of an initial sequence chart, an analysis of variance (ANOVA), a means plot and a linear regression. Interviews of ASPD personnel were conducted to understand user perceptions of AVL. Based on the ANOVA results, trends indicate that …

An Evaluation Of The Effects Of A Leisure Education Curriculum On Deliquents' Motivation, Knowledge, And Behavior Changes Related To Boredom, Paul Finn Jr.

Electronic Theses and Dissertations

Adolescents today have more unsupervised and unstructured free time than ever before. Poor decisions by youth during periods of free time may lead to substance abuse, teen pregnancy and juvenile delinquency. The highest frequency of juvenile crime, a major social problem, occurs during the 2-4 hours following the end of the school day. Research has demonstrated the benefits of engaging adolecents in prosocial leisure activity. However, no research has studied the issues of free time and leisure education with a delinquent population. This paper documents the impact of a leisure education curriculum on a population of delinquent youth in a …

Novel Thermostable Y-Family Polymerases: Applications For The Pcr Amplification Of Damaged Or Ancient Dnas, John P. Mcdonald, Ashley Hall, Didier Gasparutto, Jean Cadet, Jack Ballantyne, Roger Woodgate

Faculty Bibliography 2000s

For many years, Taq polymerase has served as the stalwart enzyme in the PCR amplification of DNA. However, a major limitation of Taq is its inability to amplify damaged DNA, thereby restricting its usefulness in forensic applications. In contrast, Y-family DNA polymerases, such as Dpo4 from Sulfolobus solfataricus, can traverse a wide variety of DNA lesions. Here, we report the identification and characterization of five novel thermostable Dpo4-like enzymes from Acidianus infernus, Sulfolobus shibatae, Sulfolobus tengchongensis, Stygiolobus azoricus and Sulfurisphaera ohwakuensis, as well as two recombinant chimeras that have enhanced enzymatic properties compared with the naturally occurring polymerases. The Dpo4-like …

Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe

Journal of Criminal Law and Criminology

No abstract provided.

In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey

Journal of Criminal Law and Criminology

No abstract provided.