Digital Commons Network^™

Courts, Cops, Citizens, And Criminals, Justin David Heminger

ExpressO

The Supreme Court's 4-1-4 split decision in Missouri v. Seibert causes confusion with regard to question-first Miranda violations. Courts apply a Marks narrowest ground analysis to decide which opinion in Seibert is controlling. However, the majority approach to Seibert, which finds Justice Kennedy's concurrence controlling, is incorrect. Instead, lower courts should resolve question-first Miranda violations by applying legal principles expressed in the plurality's decision.

The Collegian (2006-08-21), José Borjón

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 59, No. 1

The Effect Of Local Life Circumstances On Female Probationers' Offending, Marie L. Griffin, Gaylene Armstrong

Criminology and Criminal Justice Faculty Publications

This article examines the influence of change in local life circumstances on the short-term criminal behavior of female drug-abusing probationers. Using a binomial hierarchical generalized linear model, we examine the probability that certain “discrete life events” act to modify or change criminal behavior in the short term. The findings indicate that participants' involvement in conventional activities results in the decreased likelihood of engaging in nondrug crimes but an increased likelihood of drug dealing. Faced with this contradiction, we suggest that the dynamics of offending are altered by the nature of the criminal activity itself and the way in which gender …

The Docket (August 18, 2006), William & Mary Law School

The Docket

No abstract provided.

Prospectus, August 18, 2006, Robert J. Exley, Aaron Geiger, John Eby

Prospectus 2006

No abstract provided.

Career Criminals Targeted: The Verdict Is In, California’S Three Strikes Law Proves Effective, Naomi Harlin Goodno

ExpressO

Being sentenced to life in prison for stealing a few video tapes or stealing golf clubs? These are few of the stories that are emphasized when criticizing California’s Three Strikes law. Since its inception, California’s Three Strikes law has generated controversy. Aimed at incarcerating career criminals, it has been tagged as one of the toughest “tough on crime” statutes in the country. It has been over a decade since the law was passed and this article explores why – contrary to most of the other academic discussions of the law— it has been and continues to be effective in dealing …

The Foreign Affairs Power: Does The Constitution Matter?, D. A. Jeremy Telman

ExpressO

Peter Irons’ WAR POWERS favors congressional initiative in questions of war and peace but makes a historical argument that our government has strayed from the constitutional design in the service of an imperialist foreign policy. John Yoo’s THE POWERS OF WAR AND PEACE seeks to overthrow the traditional perspective on war powers espoused by Irons in favor of executive initiative in war. Yoo also pursues a revisionist perspective on the treaty power, which favors executive initiative in treaty negotiation and interpretation but insists on congressional implementation so as to minimize the impact of international obligations on domestic law. This Essay …

Democracy And Tort Reform In The U.S.A., Christopher J. Roederer

ExpressO

Democracy in the United States of America is in decline. In much the same way that progressive tort reform was made possible by democratic gains since the 1950s, the current tort retrenchment has been made possible by our democratic losses since the 1980s. Just as tort reform in the 1960s and 1970s helped consolidate and protect our democratic gains, the tort “reforms” from the 1980s to the present have helped further consolidate and protect our rising plutocracy. After a brief introduction setting the stage in broad stroke for the argument that follows, part II draws on recent literature in the …

Would Banning Firearms Reduce Murder And Suicide? A Review Of International Evidence, Gary A. Mauser, Don B. Kates

ExpressO

The world abounds in instruments with which people can kill each other. Is the widespread availability of one of these instruments, firearms, a crucial determinant of the incidence of murder? Or do patterns of murder and/or violent crime reflect basic socio-economic and/or cultural factors to which the mere availability of one particular form of weaponry is irrelevant?

This article examines a broad range of international data that bear on two distinct but interrelated questions: first, whether widespread firearm access is an important contributing factor in murder and/or suicide, and second, whether the introduction of laws that restrict general access to …

The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof , Talia Fisher

ExpressO

The paper explores the boundaries of the plea bargaining process, and makes a case for extending them to the criminal standard of proof. It examines the possibility of converting the criminal standard of proof into a default rule, subject to negotiation between the parties. Under current plea bargaining practices, the defendant agrees to plead guilty in exchange for concessions on punishment offered by the prosecutor. According to the model proposed here, the negotiation process would not be limited to the attainment of a full admission of guilt. Rather, the prosecutor would also be able to obtain from the defendant a …

Arbiter, August 17, Students Of Boise State University

Student Newspapers

No abstract provided.

Council On Academic Affairs Minutes, Aug 17, 2006, Eastern Kentucky University

Council on Academic Affairs

No abstract provided.

Jumping On The Bandwagon: How Canadian Lawyers Can & Should Get Involved In The Emerging Trend To Implement Therapeutic Jurisprudence Practices In Canadian Courts, Brooke Bloom

ExpressO

No abstract provided.

The Transition From The Inquisitorial To The Accusatorial System Of Trial: Procedure: Why Some Latin American Lawyers Hesitate , Leonard L. Cavise

ExpressO

The article is born of my experience teaching American-style trial advocacy to over 15 groups of Latin American lawyers coming from countries in transition from the inquisitorial to the accusatorial model. The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and …

Searches And The Misunderstood History Of Suspicion And Probable Cause: Part One, Fabio Arcila

ExpressO

This article, the first of a two-part series, argues that during the Framers’ era many if not most judges believed they could issue search warrants without independently assessing the adequacy of probable cause, and that this view persisted even after the Fourth Amendment became effective. This argument challenges the leading originalist account of the Fourth Amendment, which Professor Thomas Davies published in the Michigan Law Review in 1999.

The focus in this first article is upon an analysis of the common law and how it reflected the Fourth Amendment’s restrictions. Learned treatises in particular, and to a lesser extent a …

Power As A Factor In Lawyers' Ethical Deliberations, Susan D. Carle

ExpressO

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers’ ethical obligations. Advocates of client-centered approaches put lawyers’ duty to the client first. Justice-centered theorists critique the elevation of the client’s interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers’ ethical obligations should be analyzed with a paramount focus on achieving justice.

Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …

2006-2007, Collin College

Course Catalogs

Contains information on courses and class descriptions as well as campus resources at Collin College.

An Examination Of The Prison Environment: An Analysis Of Inmate Concerns Across Eight Environmental Dimensions., Andrew Ryan Bradford

Electronic Theses and Dissertations

This study was undertaken to better understand inmate concerns of the prison environment across 8 dimensions. The 8 dimensions examined in this study were activity, emotional feedback, freedom, privacy, safety, social, structure, and support. To determine the importance of these dimensions among inmates, secondary data were used in an attempt to replicate and validate the findings from Wright's (1985) study which used a prison environment inventory instrument to assess inmate concerns. The secondary data consisted of an inmate sample of 1,054 taken from 30 prisons of minimum, medium, maximum and close security across the states of Tennessee, Kentucky, and Ohio. …

Two Types Of Consequentialism, Two Types Of Formalism: Reconsidering Bordenkircher In Light Of Apprendi, Michael M. O'Hear

ExpressO

While the Supreme Court approved of the use of charging threats nearly thirty years ago in Bordenkircher v. Hayes, a more recent line of cases has subtly undermined key premises of that landmark decision. In order to induce guilty pleas, prosecutors might use any of a number of different tactics. A prosecutor might, for instance, charge aggressively in the first instance and then promise to drop the most serious charges in return for a guilty plea to a lesser offense. Bordenkircher addressed the mirror-image of this tactic: the prosecutor filed relatively minor charges at first, but then threatened to pursue …

Cj Students Will Go To Police Academy, Lindenwood University

Archived Lindenwood Press Releases

No abstract provided.

Grand Valley Forum, Volume 031, Number 04, August 14, 2006, Grand Valley State University

2006-2007, Volume 31

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.

Human Trafficking: A Theoretical Application Of Anomie On The Tier Placement System Utilized By The U.S. Department Of State’S “Trafficking In Persons” Report, Jennifer L. Melvin

Masters Theses

This study reviews the U.S. Department of State’s Trafficking in Persons Report. Specifically, the purpose of the current study is to utilize data, consistent with anomic theory, in order to assess the validity of the tier plaeement system utilized by the Trafficking in Person’s Report. In order to develop a baseline of information, a review of the literature available on human trafficking was conducted. Subsequently, through the employment of various statistical analyses (i.e. ANOVA, logistic regression), an examination of the Trafficking in Person’s Report was conducted in order to assess the validity of the tier placement system in accordance with …

Calling The United States' Bluff: How Sovereign Immunity Undermines The United States' Claim To An Effective Domestic Human Rights System, Denise L. Gilman

ExpressO

This article challenges the claims made by the United States that the civil rights system in this country adequately protects human rights, making it unnecessary for the United States to take on additional international human rights commitments. Specifically, the article uses international human rights law and comparative law to analyze the broad sovereign immunity doctrines that protect government actors in the United States from suits for damages even where constitutional violations are in play.

Executive Branch Regulation Of Defense Counsel And The Private Contract Limit On Prosecutor Bargaining, Darryl K. Brown

ExpressO

Criminal defendants’ right to counsel is regulated by courts, legislatures and, more recently and controversially, by the executive branch. Prosecutors recently have taken a more active role in affecting the power and effectiveness of defense counsel, especially privately retained counsel in white-collar crime cases. Under the Thompson Memo, prosecutors bargain to win waivers of attorney-client privilege and to convince corporate defendants not to pay the legal fees of corporate officers who face separate indictments. These tactics join longer-standing tools to weaken defense representation through forfeiture, Justice Department eavesdropping on attorney-client conversations of defendants in federal custody, and prosecutors’ power to …

Summer 2006 Commencements - The University Of Texas Of The Permian Basin, The University Of Texas Permian Basin

UTPB Commencement Programs

Summer 2006 Commencements - August 11-12, 2006

University Of Nebraska At Omaha, August Commencement 2006, University Of Nebraska At Omaha

Commencement Programs

No abstract provided.

Experts Available To Discuss International Terrorism, Staff Report

University of Mississippi News

Several University of Mississippi faculty members have expertise in areas related to international terrorism. They are available for interviews concerning the plot uncovered earlier today by British police.

August 10, 2006 Aasu Faculty Meeting Minutes, Armstrong Atlantic State University

Armstrong Faculty Senate: Minutes (Archived)

August 10, 2006 Armstrong Atlantic State University Faculty Meeting Minutes

American Military Justice And International Criminal Court Complementarity: The Case Of Ucmj Article 60, Allen J. Dickerson

ExpressO

Although the American military is effectively one of the most potent of international institutions, discussions of its regulation have been oddly domestic. The court-martial – the single most important institution for disciplining military forces, preventing atrocities and punishing offenders – has seen its jurisdiction and procedures hotly debated, but most often by those in uniform or individuals interested in domestic military policy. This paper aims to internationalize the discussion, recognizing that the discipline of American military forces is of major concern to both international law and U.S. foreign policy. By exploring the interaction between a major innovation in international law …

Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba

ExpressO

The article focuses on the challenges for women’s rights activists attempting to provide a better legal regime for victims of domestic violence in Nigeria. It is my desire to provide a resource material on the issue of domestic violence for activists, policy makers, legislators and law reformers who are engaged in providing a better legal framework for the protection and promotion of women’s rights in a developing country like Nigeria. Having worked extensively on this issue, the article documents my experience on law reform advocacy in Nigeria.