Digital Commons Network^™

0569 The Continuing Examination Of The Treatment Of Persons With Mental Illness Who Are Involved In The Justice System, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Increasing Forensic Evidence's Reliability And Minimizing Wrongful Convictions: Applying Daubert Isn't The Only Problem, Craig M. Cooley, Gabriel S. Oberfield

Tulsa Law Review

No abstract provided.

Until We Fix The Labs And Fund Criminal Defendants: Fighting Bad Science With Storytelling , Brian J. Foley

Tulsa Law Review

No abstract provided.

Deadly Consequences Of Unreliable Evidence: Why Child Capital Rape Statutes Threaten To Condemn The Innocent Defendant To Death, Andrew M. Luther

Tulsa Law Review

No abstract provided.

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area; and …

Protecting Factfinders From Being Overly Misled, While Still Admitting To Weakly Supported Forensic Science Into Evidence, Michael J. Saks

Tulsa Law Review

No abstract provided.

Forgiveness

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Ex-Post-Booker: Retroactive Application Of Federal Sentencing Guidelines, Christine M. Zievel

Chicago-Kent Law Review

In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempted to cure Sixth Amendment issues by excising the mandatory provisions of the U.S. Sentencing Guidelines and changing the binding role of the Guidelines to advisory. For close to twenty years, federal circuit courts had used the Ex Post Facto Clause to prohibit sentencing judges from retroactively applying revisions of the federal Guidelines. However, after Booker's advisory mandate and the Guidelines' supposed loss of force in sentencing decisions, some circuits have now found that the same retroactive application no longer violates the …

07: Community Dialogue Handbook, Alliance For Truth And Racial Reconciliation

Website Content

We are the People We Have Been Waiting For is a resource guide produced by the William Winter Institute for Racial Reconciliation.

Community Leadership Programs: Where They Have Been And Where They Are Going, Cynthia A. Hedge

Creativity and Change Leadership Graduate Student Master's Projects

Community leadership programs have been a part of the landscape of communities across America for nearly 50 years. This project looked at 14 aspects of community leadership programs: (1) their history; (2) purpose; (3) goals; (4) program participants; (5) alumni; (6) sponsors; (7) funding; (8) tuitions; (9) formats; (10) program faculty; (11) curricula; (12) their impact on participants, organizations, communities, fields and systems; (13) evaluation processes used to measure their impact; and (14) their future.

Open Markets, Competitive Democracy, And Transparent And Reliable Legal Systems: The Three Legs Of Development, James R. Jones

Chicago-Kent Law Review

In the 1990s, reform swept through Latin America. Open markets replaced closed economies. Real democracy replaced one-party rule and rigged elections. For about half of the region's population, economic and political conditions improved—yet the gap between the rich and poor widened. The poor half received little or no tangible benefits from these economic and democratic reforms. This article argues that the most difficult and probably most important reform remains to be accomplished: the reform of the legal and regulatory systems throughout Latin America. Until that happens, dreams of first-world recognition and respectability will elude Latin nations.

The Race Gap: Education Of Black Youth In Boston, Alix Cantave Ph.D., Cheryl Holmes Ph.D., Barbara Lewis Ph.D.

William Monroe Trotter Institute Publications

On April 23, 2007, The William Monroe Trotter Institute held a Roundtable convening more than fifty individuals at UMass Boston for a two-hour conversation on the education of black children in Boston. Roundtable attendees represented a balanced mix of professional and lay persons, including educators, advocates, academics, elected officials and policymakers, and donors. Attendees included the Suffolk County Sheriff, the Acting Superintendent of Boston Public Schools (BPS), and the president of the Boston Teacher’s Union.

Circumventing Daubert In The Gene Pool, Erica Beecher-Monas

Tulsa Law Review

No abstract provided.

Meeting The Challenges Of The Daubert Trilogy: Refining And Redefining The Reliability Of Forensic Evidence, Mara L. Merlino, Victoria Springer, Jan Seaman Kelly, Derek Hammond

Tulsa Law Review

No abstract provided.

The Commercial Sexual Exploitation Of Children, Cynthia Hipolito

Criminology & Criminal Justice Theses - Archive

The purpose of the study is to review the thematic content analysis of the empirical literature on the commercial sexual exploitation of children. The research explores recurring themes and/ or trends in the literature by inductive content analysis. The research involves the examination of the research, that is, published books, book chapters, magazine articles, newspaper articles, and refereed journal articles on the topic of commercialized sexual exploitation of children. This very basic form of content analysis will seek to amplify issues on the topic in an organized fashion, by exploring the themes to emerge inductively and make policy recommendations. This …

Death Penalty Law, Therese M. Day

Mercer Law Review

This Article provides a survey of death penalty case law in Georgia from June 1, 2006 through May 31, 2007. The cases include those that were heard by the Georgia Supreme Court on interim appeal and direct appeal,1 and discussion is limited to claims which present new issues of law, refine existing law, or are otherwise instructive. This Article does not discuss holdings in capital cases that are common to all criminal appeals because these are discussed elsewhere in this Survey.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

This Article surveys administrative law developments in appellate cases from June 1, 2006 through May 31, 2007. Only cases from the Georgia Supreme Court and the Georgia Court of Appeals have been reviewed. As compared to prior years, the number of cases in which administrative law principles played a significant role showed no upward spike. There are many other topics that concern elements of administrative law, but this Article does not address cases containing those specific subject matter topics. There is likely some duplication of cases among the subject matter topics, but only the administrative law elements are emphasized in …

What Is The Point Of International Criminal Justice?, Mirjan Damaška

Chicago-Kent Law Review

The first part of the article discusses the goals international criminal courts have set for themselves. The author believes that these goals are too numerous, that they are often in conflict, and that the courts are not well suited for the achievement of some of them. This situation generates disparity between the courts' aspiration and achievement, a degree of disorientation, and difficulty in assessing the courts' performance. Disillusionment stemming from unfulfilled expectations, and inconsistencies springing from disorientation, are harmful to any system of justice, and especially to international criminal courts whose legitimacy is still fragile.

In the second part of …

Bylines Behind Bars: Fame, Frustration And First Amendment Freedom, Clay Calvert

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Wrongful Convictions And Forensic Science: The Need To Regulate Crime Labs, Paul C. Giannelli

North Carolina Law Review

No abstract provided.

(Why) Are Civil And Criminal Expert Evidence Difference, Deirdre Dwyer

Tulsa Law Review

No abstract provided.

Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn

William & Mary Bill of Rights Journal

The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government. Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant news during the current survey period continued to be the judiciary's efforts to come to terms with the "tort reform" legislation enacted by the General Assembly in 2005, particularly Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

As discussed below, it is beginning to appear that Georgia courts will follow a somewhat different course than that followed by federal courts in their interpretation of Daubert and Daubert's codification in Federal Rule of Evidence 702. As discussed …

The Increased Use Of Reconciliation In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern, Cynthia Alkon

Faculty Scholarship

This statement sums up the challenges lawyers, courts, legislatures, and other policymakers face when discussing mediation, reconciliation, or the use of other process alternatives in criminal cases in Central Asia. First, many people in the legal community of Central Asia have different understandings about the types of criminal cases appropriate for referral to alternative processes in lieu of criminal prosecution. Second, many people in the Central Asian legal community have attitudes about victims, defendants, and certain types of crimes that differ significantly from the attitudes held by the legal communities in other countries of the world. For instance, in Central …

Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …

The Effect Of A Training On Client's Relationship Satisfaction And Awareness Of Domestic Violence, Susan E. Rudolph

Theses and Dissertations

The pui-pose of the current study was to test the effectiveness of a curriculum focused on the prevention and intervention of domestic violence and healthy, nonabusive relationships. A relationship training created by the author was tested in order to assess whether relationship satisfaction was affected by the relationship training, with the expectation that those who have experienced or are experiencing abusive relationships would become more aware of their relationship dissatisfaction. Furthermore, the relationship training was assessed according to the anticipated increase in the experimental group’s knowledge of domestic violence. Pre-test and post-test measures were used to assess relationship satisfaction and …

Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel

Buffalo Law Review

No abstract provided.

Evaluating The Effectiveness And Benefit-Cost Of Michigan Background Check Program Using Crime Opportunity Theory, Judith Brown Clarke

Dissertations

Elderly persons in long-term care settings are exceptionally vulnerable to abuse, neglect, and exploitation necessitating special protective measures by criminal justice, social services, and health care agencies. In 2006, 28.6% of Michigan households with a family member in long-term care reported that person having experienced one or more forms of abuse including physical, caretaking, verbal, emotional, neglect, sexual, and exploitation (Post, 2006). Criminal justice agencies were scrambling to identify programs aimed at reducing elder abuse in long-term care. Michigan was selected as one of seven states designated as a federal pilot test site. As a result, the Michigan Background Check …

Defining And Determining Retardation In Texas Capital Murder Defendants: A Proposal To The Texas Legislature., Graham Baker

The Scholar: St. Mary's Law Review on Race and Social Justice

Although the Supreme Court of the United States ruled it is cruel and unusual to execute someone with a mental handicap, Texas statutes still do not adequately protect these individuals. Previously, the Court in Penry v. Lynaugh upheld states executing individuals with mental deficiencies. However, individual states began to outlaw such a practice. When the Court heard Atkins v. Virginia, they determined the states created a national consensus against executing persons who possess certain developmental disabilities, thus rendering it cruel and unusual. Atkins did not, however, define mental retardation and left it up to individual states to determine that criteria. …