Digital Commons Network^™

The Sentencing Commission Takes On Crack, Again., David N. Yellen

Faculty Publications & Other Works

No abstract provided.

Torture And The Biopolitics Of Race, Dorothy Roberts

University of Miami Law Review

No abstract provided.

Services Report Fy 2008, Uno Office Of Research And Creative Activity

Services Reports

This Service Report features: Information about The Office of Sponsored Programs and Research; University of Nebraska at Omaha Awards Per Fiscal Year; University of Nebraska at Omaha Submissions Per Fiscal Year; Awards by College/Unit FY 2006-2008; Submissions by College/Unit FY 2006-2008; UNO FY 2008 External Awards; UNO FY 2008 External Submissions; and UNO FY 2008 Nebraska Research Initiative (NRI) Submissions.

Just Forms, Brevard Community College

Curriculum

This document includes: Assessment, Community Partner Forms, Credit Hour, Employee Service Project (ESP), Faculty, Marketing, Recognition, Student, and Assessment.

Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Travis Linnemann, Ryan E. Spohn

Criminology and Criminal Justice Faculty Publications

A concern over inequity and the existence of racial disparity of youth served by the juvenile justice system has long been a topic of considerable interest among scholars, policymakers, and court offi cials. Numerous empirical studies undertaken by academics and various public and private organizations have attempted to shed some light on this phenomenon. Research fi ndings on disproportionate minority contact have hardly been uniform, leaving much of this practice unexplained. This study uses data obtained at the detention decision point over a three-year period examining variance in juvenile case processing related to race. Findings suggest that extra-legal factors influencing …

Final Report For The Evaluation Of Nebraska’S Serious And Violent Offender Reentry Program, Lisa L. Sample, Cassia Spohn, Candice Batton, Scott Chenault

Past Publications

The purpose of the evaluation of the NDCS Serious and Violent Offender Reentry Program was to assess the success of the program in three areas. First, an evaluation of the process was conducted to determine if a reentry program had indeed been created by the NDCS. Second, a cost benefit analysis was conducted to determine the economic savings that a reentry program could promote for the state of Nebraska. Finally, an outcome evaluation was conducted to determine if the reentry program was successful in its goal of reducing recidivism among serious and violent offenders in the state. Below are the …

Completions 2008-09, Uno Office Of Institutional Effectiveness

IPEDS Completions

IPEDS Completions annual report contains the following information:

• Number of awards conferred by program, by level, and by race/ethnicity and gender of recipient
• Number of completers, separately by race/ethnicity, gender, age and level of award

Child Pornography's Forgotten Victims, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

The goal of this paper is to demonstrate that possession of child pornography is not a victimless crime. It will illustrate the problem and explain the harm suffered by its victims. It will then trace factors that may have contributed to the perception that possession of child pornography is a victimless offense. The first factor is the dual nature of the child pornography laws that addresses both actual and future harm. When this duality is applied to possessors, their link to actual harm appears attenuated because the possessor is not involved in the acts of sexual abuse inherent in producing …

Reconciliation In The Wake Of Tragedy: Cambodia's Extraordinary Chambers Undermines The Cambodian Constitutiton, Tessa V. Capeloto

Washington International Law Journal

Between 1975 and 1979, the Khmer Rouge regime was responsible for approximately 1.7 million deaths caused by deportation, starvation, murder, and torture. In 2001, Cambodia established the Extraordinary Chambers, an internationalized domestic tribunal, or “hybrid court,” to prosecute the perpetrators most responsible for these atrocities. As the Cambodian government’s primary legal response to the Khmer Rouge, the tribunal conflicts with the requirements of Article 52 of the Cambodian Constitution, an article that requires a policy of national reconciliation to ensure national unity. Cultural conceptions of national reconciliation coupled with the legislative history and purpose of the constitution strongly suggest that …

Wyoming's "Outlaw" Juvenile Justice Act, Jeremy Kisling

Wyoming Law Review

No abstract provided.

Dordt College 2008-2009 Catalog, Dordt College. Registrar's Office

Academic Catalogs

Academic Catalog for 2008-2009

2008 Annual Report To The Governor And The General Assembly, Tennessee Ethics Commission

Annual Reports

No abstract provided.

Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan

Scholarly Publications

Based on a keynote address delivered in conjunction with the Journal's annual symposium, this paper examines several of the major legal and policy issues associated with sex offender registration and community notification laws. Particular attention is dedicated to the Adam Walsh Act, a federal law enacted in July 2006 that continues efforts by Congress to foster changes in state registration and notification regimes as a result of its Spending Clause authority. In addition to discussing the federalism implications of the AWA, the paper examines several of its most significant provisions, including those calling for empirical assessment of registration and community …

The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick

University of Colorado Law Review

In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support-the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons of …

The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun

University of Colorado Law Review

The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ-and legitimate, separated-powers government-are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.

Beyond The Davis Dictum: Reforming Nontestimonial Identification Evidence Rules And Statutes, Jennifer M. Dilalla

University of Colorado Law Review

In the 1970s, Colorado and five other states built on Justice Brennan's famous dictum in Davis v. Mississippi to create "nontestimonial identification evidence" statutes and rules of criminal procedure. These statutes and rules enable police to gather physical evidence such as fingerprints, hair samples, and bodily fluids from individuals reasonably suspected of having committed a felony. While the states followed the Davis dictum in requiring a court order for this evidencegathering, they also followed the dictum's suggestion that nontestimonial identification procedures might be constitutionally acceptable even in the absence of probable cause to arrest. Thus, although they provide the states …

What Happened To "Paul's Law"?: Insights On Advocating For Better Training And Better Outcomes In Encounters Between Law Enforcement And Persons With Autism Spectrum Disorders, Elizabeth Harvey Osborn

University of Colorado Law Review

No abstract provided.

Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey

University of Colorado Law Review

After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court has provided more leeway to federal officers in the past few decades by limiting the scope of the exclusionary rule, for example. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether to …

Reverse 404(B) Evidence: Exploring Standards When Defendants Want To Introduce Other Bad Acts Of Third Parties, Jessica Broderick

University of Colorado Law Review

Reverse 404(b) evidence is the name courts have given to a less common use of Federal Rule of Evidence 404(b), wherein a defendant attempts to introduce the "other bad acts" of a third party, usually to prove that this third party committed the crime of which the defendant is accused or that the third party coerced the defendant into committing the crime. This Comment first reviews the standard use of FRE 404(b): when prosecutors seek to introduce other bad acts of the defendant. Then it explores how federal courts have addressed reverse 404(b) evidence. Currently there is no consensus among …

Reentering The Community A Criminal: A Case Study Of Jail Inmates Released From The Strafford County Department Of Corrections, Jillian Marie Kalosky

Master's Theses and Capstones

The current study examines inmates' transition into the community upon release from the Strafford County Department of Corrections (SCDOC), a rural county jail in New Hampshire, in 2006. The present goals are to analyze the degree to which these individuals were able to successfully reintegrate into the community and to identify potential risk factors for future engagement in crime. To meet these goals, the current study utilizes (1) data collected during pre-release discharge plan meetings (n = 160); (2) data retrieved from the official SCDOC corrections database, which reports any arrests and/or incarcerations that have resulted since release (n = …

The Impact Of Federal Violence Against Women Grants Upon Two New Hampshire Cities: Case Disposition And Police Report Writing, Catherine Anne Seabury

Master's Theses and Capstones

In 1994 the Violence Against Women Act (VAWA) was passed in the United States, and with it came a host of changes for the many cities and towns throughout the country which were granted federal funds in order to combat domestic violence.

Although these structural changes appear to have been successful, little empirical research has been conducted with the goal of accurately reporting what, if any, improvements have occurred within communities as a result of VAWA funding.

This research examines the impact of federal VAWA funds on two New Hampshire cities---Manchester, which has been receiving VAWA funding since 1995, the …

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax, Jr.

Fordham Law Review

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees--the Sixth Amendment right to jury trial being no exception. However, while a trade-off between important process values and the Constitution's protection of individual rights is inherent in the …

Restoring The Grand Jury, Kevin K. Washburn

Fordham Law Review

Though it is enshrined in the Constitution, the grand jury is one of the least respected institutions in American criminal justice today. Scholars regard the grand jury just as doctors regard the appendix: an organic part of our constitutional makeup, but not of much use. While scholars have proposed reforms, most of them seem only loosely related to the fundamental purpose of the grand jury. In an era of plea bargains, the grand jury can serve a crucial role in insuring popular legitimacy in the criminal justice system. In light of the criticism, however, the grand jury seems to be …

Wartime Security And Liberty Under Law, Robert H. Jackson

Buffalo Law Review

Address delivered at Buffalo Law School. May 9, 1951

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia M. Saucedo

Buffalo Law Review

No abstract provided.

Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy William Waters

Buffalo Law Review

Book review of Mark A. Drumbl's Atrocity, Punishment, and International Law

Second-Amendment Scrutiny: Firearm Enthusiasts May Win The Battle But Ultimately Lose The War In District Of Columbia V. Heller, John W. Whittlesey

Case Western Reserve Law Review

No abstract provided.

The Geronimo Bank Murders: A Gay Tragedy, Joan W. Howarth

Scholarly Works

The Geronimo Bank Murders examines the intersection of homosexuality and capital punishment through the lenses of cultural criticism, queer theory, and legal analysis. The paper's subject is Jay Neill, who was executed in 2002 for murdering four people in a gruesome Geronimo, Oklahoma bank robbery in 1984, and for being gay. Current capital punishment doctrine permits, and perhaps even encourages, such results. The Geronimo Bank Murders recasts Neill's story, privileging homosexuality and gender, and uses that account to make three points, each based in law, culture, and politics. First, as a matter of legal doctrine, recognizing the error in using …

A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya

Scholarly Works

This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.

Ruminations On Terrorism: Expiation And Exposition, Christopher L. Blakesley

Scholarly Works

To paraphrase Richard Falk: Terrorism is political or ideological violence without restraint of law and morality. This article will consider terrorism and reactions to terrorism through a prism of history, philosophy, literature, and law. I argue that terrorism is committed by state actors as well as non-state-actors, and not only by sponsoring them or giving them a safe-haven. I argue that intentional or reckless slaughter of innocents or torturing "enemies" constitutes terrorism and that it ultimately erodes a state's or a group's morality and well-being. It is ultimately self-destructive in most every way. Most nation-states and groups define terrorism in …