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Acknowledging Guilt: Forcing Self-Identification In Post-Conviction Dna Testing, Tonja Jacobi, Gwendolyn Carroll

Faculty Articles

This Essay formally illustrates how it is possible to force prisoners to self-identify as innocent or guilty by deciding whether to seek post­conviction DNA testing. Additionally, it shows why other systems that aim to reduce the number of guilty petitioners seeking post-conviction DNA testing create perverse incentives, and why only additional incarceration can effectively encourage innocent and guilty prisoners alike to self-identify. This will reduce costs on the judicial system by discouraging guilty prison­ers from seeking post-conviction DNA tests. It will also make it faster and easier for actually innocent prisoners to seek the tests they need for timely exoneration. …

Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers

Richmond Public Interest Law Review

Virginia is one of 12 states in the United States that does not automatically restore the right to vote to all felons who have completed their sentences. This paper provides the historical context offelony disenfranchisement in the Commonwealth of Virginia, and includes an examination of legislation and the rationales behind it. Descriptive empirical analysis of individuals in Virginia who have been disenfranchised and the impact this has on the Commonwealth's voting population is conducted for the year 2000. In addition, analysis of the impact of disenfranchisement on voting in two counties and two cities is incorporated. Discussion of current policy …

Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn

Richmond Public Interest Law Review

Underlying the juvenile court system are two competing philosophies of justice which have taken predominance over the system at different historical periods in relation to the public climate. Early reformers conceptualized juvenile justice as an informal and protective system that would seek to rehabilitate disadvantaged children who had succumbed to criminal influences. In response to negative assessments noting the leniency of juvenile courts, critics began to advocate for a more punitive system which would focus on retribution rather than treatment. Measures adopted by courts to increase the criminal responsibility placed upon juveniles include minimum sentencing guidelines and transfer of offenders …

Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray

Richmond Public Interest Law Review

This article seeks to evaluate that family focused approach of Florida. The first part of the article examines the history and evolution of the juvenile justice system. Part III, surveys the current method of transferring youthful offenders to adult courts and the criticisms of those methods. Lastly, the article considers the reasons that individuals advocate for the abolishment of the juvenile justice system and the family focused model.

New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger

Richmond Public Interest Law Review

Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.

Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young

Richmond Public Interest Law Review

This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.

Right To An Attorney, Henry L. Chambers, Jr.

Law Faculty Publications

The Supreme Court has identified two distinct rights to an attorney that stem from the U.S. Constitution. One is rooted in the Fifth Amendment. The other is rooted in the Sixth and Fourteenth Amendments.

Gender Stereotypes In Spanish Language Television Programming For Children In The United States, Carlo Andre Romo

Open Access Theses & Dissertations

Children's television programming falling within the traditional Saturday morning time slot for four continuous Saturdays on five Spanish language networks in a southwest border city in the United States constituted the sample for this study. Each of the programs in the study was broken down and analyzed for character demographics, character behaviors and consequences received for those behaviors. Eight categories of behavior were scored, including four traditionally male behaviors (aggression, autonomy, construction, dominance) and four traditionally female behaviors (deference, dependence, harm avoidance, nurturing). The analysis of demographic data revealed male characters clearly outnumbered female characters and female characters were significantly …

Pfo Law Reform, A Crucial First Step Toward Sentencing Sanity In Kentucky, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Likelihood Of Using Drug Courts: Predictions Using Procedural Justice And The Theory Of Planned Behavior, Evelyn M. Maeder, Richard L. Weiner

Department of Psychology: Faculty Publications

The current research compares two theoretical models borrowed from social psychology (theory of planned behavior and procedural justice) to predict intentions to make use of a drug court. Medicaid-eligible substance users answered a number of questions regarding their intentions to use a drug court in the future, including items from planned behavior and procedural justice scales. When procedural justice was considered alone, only trustworthiness predicted intention to use drug courts. When planned behavior was considered alone, only deliberative attitudes predicted the intention. After combining the two models, deliberative attitudes from the theory of planned behavior were the only significant predictor …

The Many Meanings Of "Politics" In Judicial Decision Making, Bradley W. Joondeph

Faculty Publications

This essay seeks to untangle the many possible meanings of "politics" in descriptions of judicial behavior. Part I sets out ten possible conceptions of the term, briefly discussing some examples and their empirical foundations. My goal is mostly descriptive (rather than normative), though it is apparent that some conceptions are more useful than others. In all events, claims about the political influences on judicial behavior must be specific about the phenomena they seek to describe. For given the many possible meanings of politics, accounts that lack such specificity are largely vacuous.

Part II builds on this discussion to make two …

A Mixed-Method Study Of The Environmental And Personal Factors That Influence Faculty Research Productivity At Small-Medium, Private, Doctorate-Granting Universities, Gustavo Gregorutti

Dissertations

Problem. This study sought to determine what organizational factors and personal characteristics of faculty members most relate to research productivity at small- to medium-sized not-for-profit, private, doctorate-granting universities.

Method. A mixed methodology was used that included an online survey, follow-up email surveys, and two face-to-face interviews. The main statistical tools used were multivariate analysis of variance (MANOVA) and regression. The final sample came from 12 small- to medium-size, private, not-for-profit doctorate-granting American universities. A group of 277 professors responded to the online survey. An online follow-up qualitative survey was conducted with 34 replies. Two additional face-to-face interviews were …

Excerpts From Transcript Of Proceedings: Systemic Issues And The Media, Gerald F. Uelmen, Karen Smith, Henry Weinstein

Faculty Publications

No abstract provided.

Crimen Sine Lege: Judicial Lawmaking At The Intersection Of Law And Morals, Beth Van Schaack

Faculty Publications

One of the most fundamental defenses to a criminal prosecution is that of nullum crimen sine lege, nulla poena sine lege ("no crime without law, no punishment without law") (NCSL). Notwithstanding that respect for NCSL is a hallmark of modern national legal systems and a recurrent refrain in the omnibus human rights instruments, international criminal law (ICL) fails to fully implement this principle. The absence of a rigorous manifestation of NCSL within ICL can be traced to the dawn of the field with the innovations employed by the architects of the Nuremberg and Tokyo Tribunals. In the face of NCSL …

Claiming Innocence, Brandon L. Garrett

Faculty Scholarship

The advent of DNA testing technology almost two decades ago transformed how courts review claims of innocence. Our system discarded many of the rules of finality that traditionally barred most postconviction claims of innocence. In recent years almost every state enacted post-conviction DNA statutes, which I survey here. Yet our criminal system still remains at a crossroads and meritorious claims of innocence continue to face great obstacles. State statutes typically exclude entire categories of convicts who might convincingly prove their innocence and state courts often deny access to DNA testing. Meanwhile, the Supreme Court has yet to adopt a constitutional …

The Role Of Faith-Based/Government Partnerships In Prisoner Reentry, Bridgette Bassford

SPNA Review

Every year, 650,000 individuals are released from prison in the United States. In the near future the number is expected to rise to 1.2 million. Of those released, statistics confirm that two-thirds will commit additional crimes and return to prison shortly after their initial release. This failure in prison reform comes at great expense to society not only in increased crime, but increased tax and spending. In recent years, the government has recognized this dilemma and called upon the faith-based community to partner with them in creating reentry programs aimed at reducing recidivism. In some circumstances the government is solely …

The Upside Of Overbreadth, Samuel W. Buell

Faculty Scholarship

Overbreadth in criminal liability rules, especially in federal law, is abundant and much lamented. Overbreadth is avoidable if it results from normative mistakes about how much conduct to criminalize or from insufficient care to limit open texture in statutes. Social planners cannot so easily avoid overbreadth if they cannot reach behaviors for which criminalization is well justified without also reaching behaviors for which it is not. This mismatch problem is acute if persons engaging in properly criminalized behaviors deliberately alter their conduct to avoid punishment and have resources to devote to avoidance efforts. In response to such efforts, legal actors …

Time For A Twenty-First Century Justice Department, Samuel W. Buell

Faculty Scholarship

This is a brief contribution to an issue of The Federal Sentencing Reporter directed to criminal justice policy discussions relevant to the 2008 election season. The United States Department of Justice is a uniquely valuable domestic institution. After a period of stunning ascendancy at the end of the last century, the institution has faltered—perhaps as much from strategic neglect as from deliberate diversion of its mission in service of political and foreign policy objectives that most Americans have concluded were misguided. A twenty-first-century executive branch should set as a priority thoughtful consideration of how to confine the powerful tools of …

Prosecuting Aggression, Noah Weisbord

Faculty Scholarship

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference. Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

The New Innovation Frontier? Intellectual Property And The European Court Of Human Rights, Laurence R. Helfer

Faculty Scholarship

This article provides the first comprehensive analysis of the intellectual property case law of the European Court of Human Rights ("ECHR"). Within the last three years, the ECHR has issued a trio of intellectual property rulings interpreting the right of property protected by the European Convention on Human Rights. These decisions, which view intellectual property through the lens of fundamental rights, have important consequences for the region's innovation and creativity policies. The cases are also emblematic of a growing number of controversies in domestic and international law over the intersection of human rights, property rights, and intellectual property. The article …

End Matter

Journal of International Business and Law

No abstract provided.

Graduate And Undergraduate Catalog, 2008-2009, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2008-2009 academic year.

Eastern, Winter 2008, Eastern Washington University. Division Of University Relations.

Alumni Publications

This issue contains articles on an alumnus and his work for the British Open, an alumna as a marathon runner, the 2007 annual report, and Professor Bonny Bazemore and the Cyprus artifacts she brought to Eastern Washington University.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

The Crime Of Complicity In Genocide: How The International Criminal Tribunals For Rwanda And Yugoslavia Got It Wrong, And Why It Matters, Daniel M. Greenfield

Journal of Criminal Law and Criminology

No abstract provided.

Arguing For An Integrated Approach To Resolving The Crisis In Darfur: The Challenges Of Complementarity, Enforcement, And Related Issues In The International Criminal Court, Christopher D. Totten, Nicholas Tyler

Journal of Criminal Law and Criminology

No abstract provided.

The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister

Journal of Criminal Law and Criminology

No abstract provided.

Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau

Journal of Criminal Law and Criminology

No abstract provided.

State Intentions And The Law Of Punishment, Alice Ristroph

Journal of Criminal Law and Criminology

No abstract provided.

Free To Leave - An Empirical Look At The Fourth Amendment's Seizure Standard, David K. Kessler

Journal of Criminal Law and Criminology

No abstract provided.