Digital Commons Network^™

State Convicts And Federal Courts: Reopening The Habeas Corpus Debate, Larry Yackle

Faculty Scholarship

I know what you are thinking. Of all the things that can conceivably happen in this field, the least likely (the very least likely) is that Congress will take a fresh look at federal habeas corpus for state prisoners. It was only in 1996 that Congress enacted the Antiterrorism and Effective Death Penalty Act (AEDPA),' which ostensibly "reformed" the scheme by which prisoners employ federal habeas to challenge state criminal convictions or sentences. 2 Passing a bill of this magnitude is no small feat. Once such legislation receives approval from both houses of Congress and the President, no one has …

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey

Faculty Scholarship

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions.

The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore's Farenheit 9/11 and Errol Morris's Fog of War). Judges, advocates, and legislatures, however, assume that films of custodial interrogations and confessions reveal a truth and lack a distorting point of view. As this Article explains, the trend at law, although aimed at furthering venerable criminal justice principles, …

Videotaped Confessions And The Genre Of Documentary, Jessica Silbey

Faculty Scholarship

This essay begins the exploration of two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions.

The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore's Farenheit 9/11 and Errol Morris's Fog of War). Judges, advocates, and legislatures, however, assume that films of custodial interrogations and confessions reveal a truth and lack a distorting point of view. As this Article explains, the trend at law, although aimed at furthering venerable criminal …

The Moderating Effect Of Judge’S Instructions On Victim Impact Testimony In Capital Cases, Judith Platania, Garrett Berman

Arts & Sciences Faculty Publications

In this study, we addressed whether victim impact instructions served as a legal safeguard in a capital case involving victim impact testimony. We hypothesized that specific victim impact instructions would moderate the relation between victim impact testimony and death penalty recommendations. One hundred sixty-six participants viewed a simulated videotaped trial in which a victim impact statement was delivered in different emotional conditions. Judge’s instructions were varied as either general instructions or with the addition of specific victim impact instructions. Participant-jurors who heard specific victim impact instructions were less likely to recommend death compared to participants who heard general jury instructions. …

The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf

American University Law Review

This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.

Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …

Crippling The Defense Of An Accused: The Constitutionality Of The Criminal Defendant's Right To Testify, H. Mitchell Caldwell, Carlo Spiga

Wyoming Law Review

No abstract provided.

Education Law - Fundamentally Flawed: Wyoming's Failure To Protect A Student's Right To An Education, Rm V. Washakie County School District Number One, O'Kelley H. Pearson

Wyoming Law Review

No abstract provided.

Developing Lasting Legal Solutions To The Dual Epidemics Of Methamphetamine Production And Use, Jean C. O'Connor, Jamie F. Chriqui, Duane C. Mcbride

North Dakota Law Review

No abstract provided.

Exploring The Evolution Of Drug Endangered Children's Movement And Drug Courts, Holly Elizabeth Hopper

North Dakota Law Review

No abstract provided.

Laboratory Analysis Of Staphylococcus Aureus In Florida From January 1, 2003 To December 31, 2005 With An Emphasis On Methicillin Resistance, Stephanie Kolar

USF Tampa Graduate Theses and Dissertations

The Staphylococci are gram-positive bacteria that cause infections in humans and can produce severe morbidity and mortality. Methicillin resistant S. aureus (MRSA) isolates are resistant to all beta-lactam antibiotics, such as methicillin, and cephalosporins making treatment of these infections more difficult. MRSA has become prevalent throughout the United States, spreading in the health care setting and the community.The purpose of this study is to examine methicillin resistance among S. aureus isolates in an outpatient population in the state of Florida and asses possible associations between methicillin resistance and age group, gender, and geographic area. It is important to define methicillin …

A Descriptive Study Of Students’ Perspectives On Controversial Issues Embedded In A College Environmental Science Course, Chyrisse P. Tabone

USF Tampa Graduate Theses and Dissertations

This qualitative study described non-science undergraduate majors' responses to controversial issues embedded in an introductory level environmental science course in a liberal arts college located in the southeastern United States. Participants enrolled in this 12-week summer course were both traditional college-age (late teens to early twenties) and non-traditional age student (thirties to fifties). Approximately 76 percent were female. Students demonstrated various lifestyles (e.g., gay, single-parent, living at home), socioeconomic statuses (e.g., middle-income, low income), employment (e.g., employed, unemployed, ex-military) and ethnicities. The structure of the environmental science course was consistent with the science education reform movement standards applied to K-12 …

School Principals’ Knowledge And Understanding Of Educator Sexual Misconduct Against Students, Sylvia Sonja Cairns

USF Tampa Graduate Theses and Dissertations

The purpose of this research study was to explore what public school principals know and understand about educator sexual misconduct. This project attempted to provide a clearer picture of how administrators perceived and performed their leadership role as moral keeper of the school. In examining the literature, the researcher determined that there is a paucity of information concerning educator sexual misconduct.To accomplish the goals of this research project, the investigator paid particular attention to the study, Educator Sexual Misconduct: A Synthesis of Existing Literature, prepared by Shakeshaft in 2004 for the U.S. Department of Education. Insights afforded by Shakeshaft's study …

Fewer Risks, More Benefits: What Governments Gain By Acknowledging The Right To Competent Counsel On State Post-Conviction Review In Capital Cases, Eric M. Freedman

Hofstra Law Faculty Scholarship

The acknowledgment that there is a right to the effective assistance of counsel in state post-conviction proceedings would serve the interests of the state and federal governments. Most death penalty states have already decided to provide capital post-conviction counsel but by failing to insist that the representation be competent they have forfeited procedural advantages they would otherwise enjoy in federal habeas corpus litigation, shifted unwarranted costs to the federal government, incurred serious litigation risks for the future, and impaired both the efficiency and the fairness of their systems of criminal justice.

Do International Criminal Tribunals Deter Or Exarcebate Humanitarian Atrocities?, Julian G. Ku, Jide Nzelibe

Hofstra Law Faculty Scholarship

Contemporary justifications for international criminal tribunals (ICTs), especially the permanent International Criminal Court, often stress the role of such tribunals in deterring future humanitarian atrocities. But hardly any academic commentary has attempted to explore in depth this deterrence rationale. This essay utilizes economic models of deterrence to analyze whether a potential perpetrator of humanitarian atrocities would likely be deterred by the risk of future prosecution by an ICT. According to the economic theory of deterrence, two factors-certainty and severity of punishment-are central to the reduction of crime after taking into account a particular individual's preference for risk. In the context …

Devon-Wide Gypsy And Traveller Housing Needs Assessment, R Southern, Z James

School of Law, Humanities and Social Sciences

No abstract provided.

Children Experiencing Parental Incarceration: An Examination Of Literature And Supportive Programming, Telisa A. Burt

Graduate Research Papers

Parental incarceration is becoming an increasing relevant topic as American society continues in its tendency toward mass incarceration. As mandatory minimums send away criminals for longer periods of time, it also serves as a major cause behind parent-child separation. In the United States, it is estimated that there are over 1.5 million children with at least one incarcerated parent and about 7 million children with a parent under some form of correctional supervision. According to research, these children are more likely to become incarcerated and many are expected to experience either juvenile or adult incarceration in their lifetime. This study …

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Faculty Scholarship

What is “transnational” criminal law? One possibility is foreign criminal law, meaning the scope and substance of what is deemed criminal behavior in other lands and the theories that ostensibly justify punishing for such behavior, indeed deeming it criminal in the first place. Another is foreign criminal procedure, the “how” of foreign criminal law’s “what” and “why”: the rules and practices of investigating crime, prosecuting suspected criminals, and adjudicating criminal cases in other lands or systems. More common meanings, judging from articles in U.S. law reviews, are comparative criminal law and comparative criminal procedure, though these might differ from their …

Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen

Faculty Scholarship

In today's highly punitive culture, perhaps Weldon Angelos' fifty-five-year sentence does not seem unusual. He's a 25-year-old man who was convicted in December 2003 of selling marijuana, possessing firearms while drug dealing, and money laundering. ³ The facts proven at trial are that on three occasions in June and July, 2002, Angelos sold eight one-ounce bags of marijuana for $350 each to a government informant. ⁴ The purchaser testified that a firearm was visible during two of these drug sales.⁵ Police seized another gun from Angelos' home five months later pursuant to a warrant.⁶ At no time was …

Assessing Risk For Violent Recidivism: A Comparison Of The Psychopathy Checklist—Revised And The Child And Adolescent Taxon Scale When Calculating Violence Risk Appraisal Guide Scores, Joseph Calvin Bolton Iii

All-Inclusive List of Electronic Theses and Dissertations

The Violence Risk Appraisal Guide (VRAG) is the tool of choice when conducting forensic assessments of risk, and consists of 12-items correlated with violent recidivism. One of these items is level of psychopathy, which is normally assessed via the Psychopathy Checklist---Revised (PCL-R). The PCL-R is a 20-item instrument, based on an interview and a review of collateral information, which provides a score reflecting severity of psychopathy. The Child and Adolescent Taxon Scale (CATS) also provides an index of psychopathy, but is comprised of only 8-items. There is no interview associated with the CATS, and items are scored based on retrospective …

First Generation College Students At Four Year And Two Year Institutions Of Higher Learning, Maisha M. Smith

All-Inclusive List of Electronic Theses and Dissertations

A MANCOVA was used to examine the global adjustment differences in first generation college students (FGCSs) attending a four year and a two year college. Global adjustment differences were measured by adaptation to college, global well-being, and global self-esteem. Participants were from either a medium sized public four year college in the Midwest or a medium sized public two year college in the Midwest. There were no significant differences found between the two groups in regard to overall adjustment to the college environment.

The Cycle Of Violence, Margaret Urban Walker

Philosophy Faculty Research and Publications

No abstract provided.

The Curious Case Of Care And Restorative Justice In The U.S. Context, Margaret Urban Walker

Philosophy Faculty Research and Publications

No abstract provided.

Threatened Egotism, Narcissism, And Identification With Criminal Others As Predictors Of Recidivism, Jeffrey M. Morris

All-Inclusive List of Electronic Theses and Dissertations

Recent research has challenged the assertion that low self-esteem leads to violence. Narcissists, who typically have elevated self-esteem, may have strong emotional responses to ego threats resulting in increased aggression. This relationship may be important to understand in relation to criminal behavior. Recidivism rates appear to be affected by an interaction of level of self-esteem and identification with criminal others. This study will examine the relationship between self-esteem, narcissism, identification with criminal others, and recidivism. This study included 56 male offenders recruited from a parole office and assessed with the Narcissistic Personality Inventory, Fleming and Courtney's 1984 Self-Rating Scale, and …

Discrepancies In Intimate Violence Reporting For Men And Women's Violence: A Meta-Analysis, James L. Herbert

Theses: Doctorates and Masters

The report of intimate violence is often taken on face value in research. With no gold standard existing, one partner's report is often an accepted measure of violence in the relationship. This discrepancy in reporting between intimate partners has been thoroughly examined, yet researchers still debate the reliability of single partner reporting. The current study extends upon the Archer (1999) meta-analysis of intimate violence discrepancy reporting, and includes current studies, instruments and research methods in the analysis. This study examines the discrepancy effect among thirty-four samples from studies of heterosexual intimate violence, finding that the discrepancy in general was sizeable …

Professional Perceptions Of Domestic Violence: The Relationship Between Causal Explanations And Views On Prevention And Intervention, Rachel A. Taylor

Theses: Doctorates and Masters

The 1970s saw a shift of focus by professions responding to domestic violence cases perpetrated by men towards women within Australia. Their focus was targeted at the factors that surround male perpetrators? violent behaviour. As a result, a number of alternative interventions were established based on a new understanding of domestic violence. Wider explanations have therefore led professional groups to form different angles of approach. Consequently researchers have found that perceptions towards domestic violence and the effectiveness of relevant interventions remain controversial across professions (Laing, 2002). Based on the literature supporting the importance of consistent professional perceptions and responses towards …

The Phenomenon Of Cyberstalking On The Rit Campus: Definitions, Behaviors And Normalization, Julia Phillips Dickinson

Theses

Stalking via the Internet (cyberstalking) occurs via technologies such as email, instant messaging, chat rooms, discussion groups, and social networking websites. Recent news reports indicate a growing concern about the ease with which personal information can be accessed on the Internet - a fact that is shaping new social norms for young adults and children who have grown up using the Internet. This thesis measured the prevalence and nature of cyberstalking among Rochester Institute of Technology students. A survey was conducted and the results were evaluated with SIDE theory and social conduct theory as guides to understand if cyberstalking behavior …

Vanishing Trials: An English Perspective, Robert Dingwall, Emilie Cloatre

Journal of Dispute Resolution

This paper reviews the recent history of civil litigation in England and Wales. While previous work by Professor Kritzer has shown an absolute decline in trials over the last fifty years, with some fluctuation around this trend, this comment suggests that this may now have bottomed out. Given the evidence of a simultaneous, and continuing, decline in the number of claims filed, it may even be the case that trials are, at least temporarily, playing a larger part in the civil justice system than they have for many years. In contrast to the experience in the U.S., these changes seem …

Vanishing Trial, Vanishing Community - The Potential Effect Of The Vanishing Trial On America's Social Capital, Robert M. Ackerman

Journal of Dispute Resolution

This essay considers the communitarian implications of the vanishing trial phenomenon. Its language is tentative, because while we now have-thanks to Marc Galanter and his associates-a great deal of useful data on the vanishing trial, we have only some hints regarding its causes, and an even less concrete notion of its likely consequences.' The empirical data unearthed by Professor Galanter and others has debunked a number of myths regarding the litigiousness of our society and the extent to which the courts are employed to resolve disputes. Given the care that has been invested in this research, it would be reckless …

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentence Discounts, Nancy A. Combs

Vanderbilt Law Review

Approximately 90 percent of all American criminal cases are disposed of by means of guilty pleas, and a large percentage of defendants brought before courts in England, Australia, and other countries that use common-law procedures likewise plead guilty. Why do substantial numbers of defendants in national criminal justice systems choose to convict themselves when they are entitled to have their guilt formally adjudicated? The widely accepted primary reason is that they receive sentencing discounts when they choose to selfconvict. Most defendants charged with domestic crimes plead guilty following a process of plea bargaining between defense counsel and prosecutors. Although plea …

Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert D. Sloane

Faculty Scholarship

Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a 'common law' of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the Appeals Chamber has said, premature to speak of an emerging 'penal regime', and the coherence in sentencing practice that this denotes, this comment offers some preliminary reflections on the substantive law and process of sentencing as it has evolved through ICTR practice. Above all, I argue, sentencing must, but has not yet, become an integral part …