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2008

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After Innocence: Framing Wrongful Convictions, Susan A. Bandes Jan 2008

After Innocence: Framing Wrongful Convictions, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

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The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes Jan 2008

The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

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African American Males And Issues Of Fatherhood: An Examination Of The Sweat Lodge As A Psychosocial And Spiritual Intervention, Jay E. Darr Jan 2008

African American Males And Issues Of Fatherhood: An Examination Of The Sweat Lodge As A Psychosocial And Spiritual Intervention, Jay E. Darr

Electronic Theses and Dissertations

The emasculation of African American men is illustrated by disparities in the criminal justice system, education, employment, income, and health care, which has an impact on an African American man's ability to be a father. Researchers, policy-makers, and practitioners have struggled with establishing sustainable programs that address the complex issues that face African American men, especially when they have children (Martinson & Nightingale 2008). The emergence of the Sweat Lodge as an intervention for Native Americans has had some promising results (Cohen, 2003; Edwards, 2003, Noe, Fleming & Manson 2003; Smith, 2005). However, there is limited research on the Sweat …

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The Quad (The 2008 Alumni Magazine), Southern Methodist University, Dedman School Of Law Jan 2008

The Quad (The 2008 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Our 3 Fortune 50 CEOs
• Dedman Match & Historic Endowment
• Justice Thomas Speaks at 2007 AJEI Summit
• What Does Medical Tourism Say About the U.S. Healthcare System?
• The Sub-Prime Lending Crisis: How Did We Get Here?

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The Process Of Parental Bereavement Following The Violent Death Of A Child, Suzanne Kandlbinder Kuhn Jan 2008

The Process Of Parental Bereavement Following The Violent Death Of A Child, Suzanne Kandlbinder Kuhn

Electronic Theses and Dissertations

The purpose of this qualitative study was to explore the process of parental bereavement following the violent death of a child. The death of a child is considered to be the most difficult death anyone can experience which can often result in changing lives forever. Grounded theory was used for this study in an attempt to define the primary concepts contained within the process of parental bereavement when parents lose a child to violent death. Interviews were conducted with 11 parents meeting inclusion criteria. Data collected from the interviews were analyzed using constant comparison and level coding to identify key …

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Using 'The Autobiography Of Malcolm X' To Teach Introductory Sociology, Brent D. Harger, Tim Hallett Jan 2008

Using 'The Autobiography Of Malcolm X' To Teach Introductory Sociology, Brent D. Harger, Tim Hallett

Sociology Faculty Publications

In this chapter, we make the case for using The Autobiography of Malcolm X to teach introductory sociology classes. While The Autobiography of Malcolm X is an autobiography and not a novel, we summarize the literature on using novels in sociology and compare this literature to our own experiences using autobiographies in the classroom. We then describe how autobiographies are particularly helpful for introducing students to the concept of the ‘‘sociological imagination’’ before highlighting this with an in-class exercise. Finally, we discuss student feedback and some of the drawbacks to using autobiographies and the extent to which these drawbacks can …

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Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen Jan 2008

Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen

Faculty Scholarship

The myth of American exceptionalism in the matter of plea-bargaining is certainly by now quite untrue. In addition to forming an important part of criminal procedure in the United Kingdom, plea-bargaining has been transplanted to several civil law countries such as France and Italy. Informal versions, based on non-trial settlement, have been observed in Germany, Belgium, the Netherlands, and around the world. The Law and Economics literature on plea-bargaining views it as an efficient instrument of criminal procedure because it reduces enforcement costs (for both parties) and allows the prosecutor to concentrate on more meritorious cases. Yet the success of …

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The Scope Of Criminal Law And Criminal Sanctions: An Economic View And Policy Implications, Roger Bowles, Michael Faure, Nuno Garoupa Jan 2008

The Scope Of Criminal Law And Criminal Sanctions: An Economic View And Policy Implications, Roger Bowles, Michael Faure, Nuno Garoupa

Faculty Scholarship

This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and--more broadly--why certain specific behaviours are criminalized. The paper argues that an economic approach emphasizing the relative merits of alternative legal instruments for bringing about harm reduction can provide an explanation for a number of …

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Rodriguez Redux, Jocelyn Downie, Simone Bern Jan 2008

Rodriguez Redux, Jocelyn Downie, Simone Bern

Articles, Book Chapters, & Popular Press

Assisted suicide has once again surfaced as an issue of public attention. Just in the past year, four cases have been in the news. In addition the results of a major study on the attitudes of cancer patients in palliative care towards euthanasia and physician-assisted suicide and the results of an Ipsos Reid public opinion poll on assisted suicide were released. Vigorous calls both for and against the decriminalization of assisted suicide followed. Given that it has been fifteen years since the release of the most famous assisted suicide case in Canada, and given this recent spate of attention, we …

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Frequency And Predictors Of False Conviction: Why We Know So Little, And New Data On Capital Cases, Samuel R. Gross, Barbara O'Brien Jan 2008

Frequency And Predictors Of False Conviction: Why We Know So Little, And New Data On Capital Cases, Samuel R. Gross, Barbara O'Brien

Articles

In the first part of this article, we address the problems inherent in studying wrongful convictions: our pervasive ignorance and the extreme difficulty of obtaining the data that we need to answer even basic questions. The main reason that we know so little about false convictions is that, by definition, they are hidden from view. As a result, it is nearly impossible to gather reliable data on the characteristics or even the frequency of false convictions. In addition, we have very limited data on criminal investigations and prosecutions in general, so even if we could somehow obtain data on cases …

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Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok Jan 2008

Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok

Fordham Urban Law Journal

This Article discusses research aimed to understand barriers to participation of underrepresented racial and ethnic groups in ADR practices. The research includes ADR in and around New York City. The article discusses methodology, challenges of the research, preliminary findings, remedies, future research, and the significance of the findings. Universal and specific barriers include: (i) informational and professional; (ii) social, institutional, and cultural; and (iii) economic. The authors encourages future research of barriers affecting underrepresented groups and emphasizes the need to reduce these barriers.

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Securing Online Transactions: Crime Prevention Is The Key, Michael Ena Jan 2008

Securing Online Transactions: Crime Prevention Is The Key, Michael Ena

Fordham Urban Law Journal

This Comment illustrates how government regulation, criminal justice, private legal actions, and market forces contribute to the security of online transactions. Further, it argues that government regulation aimed at the prevention of cybercrime should be the primary focus of the efforts to improve online security. Ultimately, the Comment argues that as more businesses more online, securing online transactions becomes more critical to protect against fraud, to cut off source of illegal income for organized crime and terrorists, and to ensure the future growth of the national economy.

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The Lethal Injection Debate: Law And Science, Deborah W. Denno Jan 2008

The Lethal Injection Debate: Law And Science, Deborah W. Denno

Fordham Urban Law Journal

No abstract provided.

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Methods Of Execution And Their Effect On The Use Of The Death Penalty In The United States, Richard C. Dieter Jan 2008

Methods Of Execution And Their Effect On The Use Of The Death Penalty In The United States, Richard C. Dieter

Fordham Urban Law Journal

No abstract provided.

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Anomalies: Ritual And Language In Lethal Injection Regulations, Leigh B. Bienen Jan 2008

Anomalies: Ritual And Language In Lethal Injection Regulations, Leigh B. Bienen

Fordham Urban Law Journal

No abstract provided.

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International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi Jan 2008

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Articles

Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street comers, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …

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The Human Rights Quagmire Of 'Human Trafficking', James C. Hathaway Jan 2008

The Human Rights Quagmire Of 'Human Trafficking', James C. Hathaway

Articles

Support for the international fight against "human trafficking" evolved quickly and comprehensively. The campaign launched by the UN General Assembly in December 19981 led to adoption just two years later of the Trafficking Protocol to the UN Convention against Organized Crime.2 U.S. President George W. Bush was among those particularly committed to the cause, calling for collective effort to eradicate the "special evil" of human trafficking, said by him to have become a "humanitarian crisis."3 One hundred and twenty-two countries have now ratified the Trafficking Protocol, agreeing in particular to criminalize trafficking and to cooperate in investigating and prosecuting allegations …

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The Impact Of Traumatic Stress And Alcohol Exposure On Youth: Implications For Lawyers, Judges, And Courts, Frank E. Vandervort Jan 2008

The Impact Of Traumatic Stress And Alcohol Exposure On Youth: Implications For Lawyers, Judges, And Courts, Frank E. Vandervort

Articles

Since its inception in the late nineteenth century, the juvenile court has been concerned with the legal problems of children and their families. From the court’s earliest days, it has sought to address child abuse and neglect and juvenile delinquency as social problems that result from familial and community breakdown. Over the decades, researchers from various disciplines have provided varying explanations of how and why family systems break down, why some parents fail to nurture their children, why some physically or sexually abuse their children, and why some children become delinquent.

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Nonparty Remote Electronic Access To Plea Agreements In The Second Circuit, David L. Snyder Jan 2008

Nonparty Remote Electronic Access To Plea Agreements In The Second Circuit, David L. Snyder

Fordham Urban Law Journal

Widespread electronic access to case files gives rise to security concerns previously unrealized in the era of paper records. As the United States Department of Justice noted, the emergence of a "cottage industry" of websites that republish court filings online for the purposes of witness intimidation, retaliation, and harassment poses "a grave risk of harm" to cooperating witnesses and defendants. Accordingly, the benefits associated with remote electronic availability and dissemination of judicial documents may come at a considerable cost. This Note describes the options that district courts within the Second Circuit could implement to mitigate these concerns. Part I of …

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Predicting Student Performance In Web -Based Distanceeducation Courses Based On Survey Instruments Measuring Individual Traits And Technical Skills, Michael Clyde Hall Jan 2008

Predicting Student Performance In Web -Based Distanceeducation Courses Based On Survey Instruments Measuring Individual Traits And Technical Skills, Michael Clyde Hall

All-Inclusive List of Electronic Theses and Dissertations

Two common web-based surveys, "Is Online Learning Right for Me?" and "What Technical Skills Do I Need?", were combined into a single survey instrument and given to 228 on-campus and 83 distanceEducation students. The students were enrolled in four different classes (business, computer information services, criminal justice, and early childhood development) on three different regional campuses of a mid-western community college. Multiple regression equations were developed with the survey scores and the type of class to determine the extent to which the survey scores predicted final semester grade percentages. Although distanceEducation students scored significantly higher on the survey instruments than …

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Basic And Applied Issues In Eyewitness Research: A Münsterberg Centennial Retrospective, Brian H. Bornstein, Christian Meissner Jan 2008

Basic And Applied Issues In Eyewitness Research: A Münsterberg Centennial Retrospective, Brian H. Bornstein, Christian Meissner

Department of Psychology: Faculty Publications

Whether memory research should emphasize fundamental psychological theory in well-controlled laboratory settings (i.e. “basic” research) or practical questions in naturalistic settings (i.e. “applied” research) is a recurrent question in the field. The debate became especially prominent with the advent of the “everyday memory movement” in the 1980s (e.g. Banaji & Crowder, 1989; Neisser, 1978, 1991), but it dates back to the origins of experimental psychology itself (i.e. the basic approach espoused by Wundt and Titchener vs. the more applied perspective taken by Külpe, Ebbinghaus, Binet, James and others). The debate is particularly relevant to the subarea of eyewitness memory, which …

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Crisis, What Crisis? Perception And Reality In Civil Justice, Brian H. Bornstein, Timothy R. Robicheaux Jan 2008

Crisis, What Crisis? Perception And Reality In Civil Justice, Brian H. Bornstein, Timothy R. Robicheaux

Department of Psychology: Faculty Publications

"Excessive litigation has created a crisis in America," according to an article on the Alexandria, Virginia-based Center for Individual Freedom’s website (Marcus, 2004).
This article was the first of 63,100 links retrieved in a February 16, 2007, Google.com search for the words ‘‘litigation crisis,’’ and a search for the word ‘‘tort reform’’ on the same day returned over a million results. Not every linked article was as bold about the current ‘‘litigation crisis’’ in the United States, and not every linked article promoted a need for tort reform, but the search demonstrates the current salience of these issues in the …

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Forgetting The Once-Seen Face: Estimating The Strength Of An Eyewitness’S Memory Representation, Kenneth A. Deffenbacher, Brian H. Bornstein, E. Kiernan Mcgorty, Steven D. Penrod Jan 2008

Forgetting The Once-Seen Face: Estimating The Strength Of An Eyewitness’S Memory Representation, Kenneth A. Deffenbacher, Brian H. Bornstein, E. Kiernan Mcgorty, Steven D. Penrod

Department of Psychology: Faculty Publications

The fidelity of an eyewitness’s memory representation is an issue of paramount forensic concern. Psychological science has been un¬able to offer more than vague generalities concerning the relation of retention interval to memory trace strength for the once-seen face. A meta-analysis of 53 facial memory studies produced a highly reliable association (r = .18, d = 0.37) between longer retention intervals and positive forgetting of once-seen faces, an effect equally strong for both face recognition and eyewitness identification studies. W. A. Wick¬elgren’s (1974, 1975, 1977) theory of recognition memory provided statistically satisfactory fits to 11 different empirical forgetting func¬tions. Applied …

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New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson Jan 2008

New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson

Articles & Book Chapters

The impact of new techonologies in the US, the UK, Canada, Australia, Singapore and Israel are compared.

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Libqual 2008 Survey, Robert R. Muntz Library Jan 2008

Libqual 2008 Survey, Robert R. Muntz Library

Reports and Assessments

No abstract provided.

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The Bulletin, Undergraduate Catalog 2008-2009 (2008), Minnesota State University Moorhead Jan 2008

The Bulletin, Undergraduate Catalog 2008-2009 (2008), Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

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Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel Jan 2008

Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel

Studio for Law and Culture

In the six weeks from mid-July to early September 1912, about a third of the 389 men whom guards escorted through the front doors of the Rio de Janeiro city jail had been arrested for vagrancy, or in Portuguese vadiagem, an infraction whose etymological connection to the word “vague” is not a coincidence. These men remained in detention for between five days and over a year, accused by arresting police officers of having committed the crime of doing nothing. As they awaited trial or, for the least fortunate, transportation to an offshore penal colony, they shared the crowded space …

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Respect And Resistance In Punishment Theory, Alice Ristroph Jan 2008

Respect And Resistance In Punishment Theory, Alice Ristroph

Studio for Law and Culture

Is it coherent to speak of a right to resist justified punishment? Thomas Hobbes thought so. This essay seeks first to (re)introduce Hobbes as a punishment theorist, and second to use Hobbes to examine what it means to respect the criminal even as we punish him. Hobbes is almost entirely neglected by scholars of criminal law, whose theoretical inquiries focus on liberal, rights-based accounts of retribution (often exemplified by Immanuel Kant) and claims of deterrence or other consequentialist benefits (elucidated, for example, by Jeremy Bentham). Writing before Kant or Bentham, Hobbes offered a fascinating account of punishment that will strike …

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The Sit-Ins And The Failed State Action Revolution, Christopher W. Schmidt Jan 2008

The Sit-Ins And The Failed State Action Revolution, Christopher W. Schmidt

Studio for Law and Culture

This article revises the traditional account of why the Supreme Court, when faced in the early 1960s with a series of cases arising out of the lunch counter sit-in movement, refused to hold racial discrimination in public accommodations unconstitutional. These cases are the great aberration of the Warren Court. At a time when the justices confidently reworked one constitutional doctrine after another, often in response to the moral challenges of the civil rights movement and often in the face of considerable public resistance, they broke pattern in the sit-in cases. And they did so despite a transformation in popular opinion …

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Alaska Justice Forum ; Vol. 24, No. 4 (Winter 2008), David Mannheimer, Antonia Moras, Marla Greenstein Jan 2008

Alaska Justice Forum ; Vol. 24, No. 4 (Winter 2008), David Mannheimer, Antonia Moras, Marla Greenstein

Vols 21-30 (2004-2014)

The Winter 2008 issue of the Alaska Justice Forum presents a comparison of the American and Russian constitutions, a description of the Khabarovsk-Alaska Rule of Law Partnership (KAROL), discussion of children with incarcerated parents, figures on prison populations in Alaska and the U.S., immigration figures in the United States from 1910 to 2006, and figures on non-citizens in the Alaska correctional system.

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