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2006

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Barry Scheck Lectures On Wrongful Convictions, Barry Scheck Jan 2006

Barry Scheck Lectures On Wrongful Convictions, Barry Scheck

Articles

The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.

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Human Security Or State Security - The Overriding Threat In Trafficking In Persons, Mohamed Y. Mattar Jan 2006

Human Security Or State Security - The Overriding Threat In Trafficking In Persons, Mohamed Y. Mattar

Intercultural Human Rights Law Review

Trafficking in persons is a violation of human rights that mainly affects women and children. For this reason, it should be recognized not only as a crime against the state but as a crime against the individual that poses a threat to human security. This paper will inquire into how national legal systems take into consideration the concept of human security in designing the appropriate legal response to trafficking in persons. This paper will focus on the following issues: personal security and safety versus human security; the methods that can be employed by legislation to protect the rights of a …

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Mutual Dependency In Child Welfare, Clare Huntington Jan 2006

Mutual Dependency In Child Welfare, Clare Huntington

Faculty Scholarship

The child welfare system is in need of fundamental reform. To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The state pays scant attention to the prevention of child abuse and neglect. This article argues that the principle conceptual barrier to the adoption of a prevention-oriented approach to child welfare is the dominant conception of family autonomy, which venerates freedom from state control. This article proposes a novel reconfiguration of family autonomy that encourages engagement with the state, rather than simply …

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The Under-Appreciated Value Of Advisory Guidelines, Erica J. Hashimoto Jan 2006

The Under-Appreciated Value Of Advisory Guidelines, Erica J. Hashimoto

Scholarly Works

The Sentencing Reform Act of 1984 provided that the trial court "shall impose a sentence of the kind, and within the range" set forth in the United States Sentencing Guidelines ("Guidelines") issued by the Sentencing Commission. With that one phrase, the Act created a system of guidelines that was binding upon judges, rather than simply advisory. Concerns about excessive disparity and undue leniency in sentencing unquestionably drove the political coalition that passed the Act. It is not clear, however, why Congress believed that mandatory-as opposed to advisory-guidelines were necessary to address those concerns. With the benefit of hindsight, it is …

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Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet Jan 2006

Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet

Faculty Scholarship

Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …

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The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale Jan 2006

The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale

Faculty Scholarship

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

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Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig Jan 2006

Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig

Journal Articles

When thinking of law-making, one usually thinks of the activities of Congress or state legislatures. Students of law and government may also think of the rule-making activities of federal or state bureaucracies. More recently, some attention has been paid to the lawmaking power known as prosecutorial discretion (the decision of whether or for what crimes to charge a criminal defendant) or judicial discretion in sentencing. However, so far most of this work has been theoretical or, at best, anecdotal. Further, far less attention has been paid to the ubiquitous activities of the bureaucrat who must decide whether or not to …

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Revisiting Capital Punishment: Factors That Matter When Receiving The Death Penalty (A State By State Analysis), Bridget Ann Micka Jan 2006

Revisiting Capital Punishment: Factors That Matter When Receiving The Death Penalty (A State By State Analysis), Bridget Ann Micka

Graduate Theses, Dissertations, and Problem Reports (ETD)

Although the death penalty is popular by most accounts, is it really a good social policy? The purpose of this study is to add to this discussion by examining the factors that directly impact death penalty cases. The data used in this study come from the state level database which contains information on all decisions of initial capital direct, state and federal habeas corpus cases between 1973 and 1995. What are the factors that lead some state compared to others to use the death penalty more often? Some have suggested that this could be the result of a minority-majority conflict. …

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The Benefits Of A For-Credit Course For New Writing Center Staff, Richard Benjamin Crosby Jan 2006

The Benefits Of A For-Credit Course For New Writing Center Staff, Richard Benjamin Crosby

Faculty Publications

Some questions about writing center theory and praxis never seem to change: how do we prepare for our clientele? How do we engage them? What questions should we ask? When should we direct them? And when should we encourage them to direct us? The list goes on. Fortunately, we consider it a virtue that we continue interrogating the same issues. As students of rhetoric, we realize that the answers to these questions often depend on the contexts in which they are asked. Thus, we give ourselves over to principles of adaptability. Instead of establishing rigid, universal rules that do not …

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The Limits Of Courage And Principle, Jedediah S. Purdy Jan 2006

The Limits Of Courage And Principle, Jedediah S. Purdy

Faculty Scholarship

Michael Ignatieff, the director of the Carr Center for Human Rights at Harvard's Kennedy School of Government, is not a lawyer. His work, however, treats issues of core concern to lawyers: nation-building, human rights, the ethics of warfare, and now, in his latest book, the proper relationship between liberty and security. The Lesser Evil is, in part, a book a legal scholar might have written: a normative framework for lawmaking in the face of the terror threat. It is also something more unusual: an exercise in an older type of jurisprudence. Ignatieff discusses law in the light of moral psychology …

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You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro Jan 2006

You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro

Faculty Scholarship

This Article explores different ways to effectively discourage the crime of alcohol impaired driving. Part I analyzes the trend of utilizing preventive educational measures to counteract societal acceptance of this crime and the shortcomings of relying exclusively on this measure. Part II discusses OUI prevention based on deterrence and the use of stricter penalties, such as mandatory jail sentences, to stop alcohol impaired drivers. This section explores whether the trend of increasing the severity of the punishment for OUI offenses is effective in stopping the crime. This section also discusses the shortcomings of OUI legislation that make deterrence of OUI …

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And The State Makes Three: Should The State Retain A Role In Recognizing Marriage?, Charles J. Reid Jr. Jan 2006

And The State Makes Three: Should The State Retain A Role In Recognizing Marriage?, Charles J. Reid Jr.

Cardozo Law Review

No abstract provided.

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Immigration Panel, Richard A. Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons, Bill Ong Hing Jan 2006

Immigration Panel, Richard A. Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons, Bill Ong Hing

Faculty Scholarship

No abstract provided.

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Electronic Research In State Prisons, Camilla Tubbs Jan 2006

Electronic Research In State Prisons, Camilla Tubbs

Faculty Scholarship

No abstract provided.

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Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel Jan 2006

Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel

Walden Dissertations and Doctoral Studies

This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. …

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Schumaker, Kiel, Heilke: Great Ideas/Grand Schemes Study Guide, 1998-2006, Steven Alan Samson Jan 2006

Schumaker, Kiel, Heilke: Great Ideas/Grand Schemes Study Guide, 1998-2006, Steven Alan Samson

Faculty Publications and Presentations

Great Ideas/Grand Schemes is a systematic treatment of twelve ideologies by means of an elaborate conceptual framework. This twelve-point analytic grid, which is comprised of six substantive political principles, four philosophical bases, and two political bases, is introduced in the first chapter. Subsequent chapters focus on the ideologies themselves.

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Harm De Blij: Why Geography Matters Study Guide, Steven Alan Samson Jan 2006

Harm De Blij: Why Geography Matters Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

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Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle Jan 2006

Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Sentencing Guideline Law And Practice In A Post-Booker World: Introduction, Michael Vitiello Jan 2006

Sentencing Guideline Law And Practice In A Post-Booker World: Introduction, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

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Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Linda Carter Jan 2006

Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

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The Diversity Rationale: Unprovable, Uncompelling, Brian N. Lizotte Jan 2006

The Diversity Rationale: Unprovable, Uncompelling, Brian N. Lizotte

Michigan Journal of Race and Law

Student body diversity-and the purported educational benefits diversity bestows- is the final Supreme Court-endorsed justification for affirmative action by public universities. Are the benefits of diversity indeed "substantial," as the Grutter majority claimed? The author analyzes the social scientific research upon which the Court relied in articulating the diversity interest. By critiquing its theory and methodology, the author shows how the research fails to prove educational benefits; and by considering the logic underlying social science generally, he shows how the causal relationship is, technically, not provable. The author questions, then, how the diversity interest can possibly be compelling.

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Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell Jan 2006

Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Culture In Our Midst, Elaine M. Chiu Jan 2006

Culture In Our Midst, Elaine M. Chiu

University of Florida Journal of Law & Public Policy

No abstract provided.

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Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille A. Nelson Jan 2006

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille A. Nelson

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine Jan 2006

The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine

University of Florida Journal of Law & Public Policy

No abstract provided.

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New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn Jan 2006

New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn

University of Florida Journal of Law & Public Policy

No abstract provided.

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Trial By Jury Or By Military Tribunal For Accused Terrorist Detainees Facing The Death Penalty? An Examination Of Principles That Transcend The U.S. Constitution, Benjamin V. Madison Iii Jan 2006

Trial By Jury Or By Military Tribunal For Accused Terrorist Detainees Facing The Death Penalty? An Examination Of Principles That Transcend The U.S. Constitution, Benjamin V. Madison Iii

University of Florida Journal of Law & Public Policy

No abstract provided.

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Reconceptualising Female Trafficking: The Inhuman Trade In Women, Alison Cole Jan 2006

Reconceptualising Female Trafficking: The Inhuman Trade In Women, Alison Cole

Cardozo Journal of Equal Rights & Social Justice

The article argues that female trafficking must be reconceptualized under international criminal law as a crime against humanity to establish a uniform legal framework for combating this global issue. It critiques existing international approaches for lacking coherence and enforcement, emphasizing the need for a clear definition and standardized measures to address the severity of trafficking. The UN Trafficking Protocol, while authoritative, leaves significant discretion to states, resulting in varied domestic policies that hinder effective international cooperation. By classifying female trafficking as a crime against humanity, the article proposes a more robust legal basis for universal jurisdiction and individual liability, aligning …

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Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim Jan 2006

Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim

University of Florida Journal of Law & Public Policy

No abstract provided.

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Deconstructing The Cultural Evidence Debate, Janet C. Hoeffel Jan 2006

Deconstructing The Cultural Evidence Debate, Janet C. Hoeffel

University of Florida Journal of Law & Public Policy

No abstract provided.

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