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Vivum Excoriari, Kristina Marie Stafford

Theses

My inspirations for this body of sculpture are implements of torture and antique tools. I am interested in the relationship between historical value and psychological response; the push and pull of the terrible and beautiful. I am exploring the emotive substance of the objects by choosing implements that evoke an emotional and psychological response. I am obsessed with objects that crush, grasp, cut, constrict, and bind such as axes, meat hooks and, most recently, medieval torture devices. I find them simultaneously beautiful and unsettling. These objects express themselves so clearly as a threat through their form, allowing the viewers to …

Characteristics Of State Trial Court Judges And Self-Reported Extralegal Factors That Influence Their Sentencing Decisions With Older Offenders, Martha S. Smith

All-Inclusive List of Electronic Theses and Dissertations

Archival research demonstrates that older offenders are treated more leniently in the criminal system by judges. More specifically, older offenders are less likely to be incarcerated, and when they are incarcerated, they receive shorter sentences. However, to date, no research has directly examined why such leniency occurs. A total of 1,005 surveys were sent to state trial court judges across the United States. Two hundred twelve surveys were returned. The surveys contained two questionnaires, the Judicial Attitudes Survey (JAS) and the Aging Opinion survey (AOS). The JAS was created specifically for this study, and it assesses the types of information …

Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Stephen R. Peikin

Scholarly Works

The United States Department of Justice has come under attack in recent years because of its increased attention to, and prosecution of, crimes committed during the course of its investigations — obstruction of justice, perjury, and making false statements. These crimes have been labeled “cover-up” or “process crimes,” and the charging prosecutors have been criticized as bringing such charges only against high-profile defendants as to whom there is insufficient evidence to charge the “more serious” underlying offenses that prompted the initial investigation. Some critics have gone so far as to label these prosecutions “vindictive.” Much of this criticism is misplaced. …

The Good And Bad News About Consent Searches In The Supreme Court, Tracey Maclin

Faculty Scholarship

This article is about the Supreme Court's consent search doctrine. Part I describes how the law of consent searches developed between the 1920s and 1973, when Schneckloth v. Bustamonte was decided, which is the Court's seminal consent search case.

Part II of the article is a discussion of Bustamonte. In particular, this part highlights the spoken and unspoken premises that influenced the result in Bustamonte and outlines Bustamonte's continuing relevance for consent search cases today.

Part III examines United States v. Drayton, a ruling authored by Justice Kennedy that explains why a cryptic passage in that ruling provides important clues …

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

Only Skin Deep: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench: Why Care Whether Judges Look “Like America” If, Because Of Politics, A “Voice Of Color” Has Become A “Whisper Of Color”?, Sylvia R. Lazos

Scholarly Works

This article explores the difficulties encountered in diversifying the federal bench and why the partisanship of the confirmation process decreases the diversity of viewpoints on the bench. Presidents value diversity in nominating judges. While Bill Clinton and George W. Bush had very contrasting political styles and judicial philosophies, the judges appointed by these two presidents now account for almost 80% of the current active federal minority judges. There has been progress in the area of descriptive diversity; currently 18% of the active federal bench is made up of minority judges according to data compiled from the Judicial Center. However, there …

The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Scholarly Works

This Article offers a critique of Nevada's Harnisch cases and calls for the Nevada Supreme Court to reconsider its ruling. The authors begin by examining the historical development of the automobile exception, beginning with Carroll v. United States. There the Supreme Court reasoned that both probable cause and the exigency of the mobility of automobiles justified a search without a warrant. But almost seventy-five years later, in Maryland v. Dyson, the Court clarified its conclusion that the automobile exception has no separate exigency requirement. In turn, the authors will then examine Nevada's application of the automobile exception prior to 1998's …

Ex Parte Domestic Violence Orders Of Protection: How Easing Access To Judicial Process Has Eased The Possibility For Abuse Of The Process, David H. Taylor

Faculty Articles, Papers, and Other Scholarship

This article explores how state domestic violence statutory schemes that grant temporary ex parte orders have inadvertently lead to the abuse of orders of protection. Part I introduces how domestic violence statutes came to be, and describes how the typical statutory scheme works when it comes to granting ex parte orders. Part II examines the problems that occur when ex parte relief is easily obtained. Part III looks at the factors that contribute to the ability to misuse orders of protection. Part IV discusses due process and ex parte orders of protection. Part V is a survey of the state …

The Supreme Court's Indian Problem, Matthew L. M. Fletcher

UC Law Journal

This Article asserts a new theory about why and how the Supreme Court accepts and decides its Indian law docket: the Court identifies an important constitutional concern embedded in a petition for certiorari, grants certiorari, and then applies its decision- making discretion to decide the "important" constitutional concern. Once that portion of the Indian law case is decided, the Court decides any remaining federal Indian law questions in order to reach a result consistent with its decision on the important constitutional concern. Indian law disputes are often mere vessels for the Court to tackle larger questions; often these questions have …

Anecdotal Forensics, Phrenology, And Other Abject Lessons From The History Of Science, David L. Faigman

UC Law Journal

Many of the forensic identification sciences-including, among others, latent fingerprints, firearms, handwriting, and bitemarks- have little or no scientific foundation underlying them. They are largely based on anecdotal experience and supposition. In this way, "anecdotal forensics" closely resemble other historical failures of science, such as phrenology. Like phrenology, anecdotal forensics are based on inductive experience, have not been subjected to systematic tests, conform to expectations, "prove" what is already presumed to be known, and seem to have great practical utility for society. A century from now, however, the anecdotally-based beliefs of forensic experts are likely to survive much as phrenology …

Inferences, Arguments, And Second Generation Forensic Evidence, Erin Murphy

UC Law Journal

Advances in scientific and technological evidence have resulted in a new, "second generation" of forensic proof characterized by its high degree of probativeness and mechanical sophistication. Methods such as DNA typing are already in widespread use in the criminal justice system, and law enforcement may soon have available other biometric techniques, global locators, or even reliable lie detection systems.

The promise and allure of such forms of forensic evidence lie in its high degree of accuracy. But the perception that such evidence is infallible has resulted in an increasing number of instances in which the government has sought to bolster …

"Good" Science Gone Bad: How The Criminal Justice System Can Redress The Impact Of Flawed Forensics, Jessica D. Gable, Margaret D. Wilkinson

UC Law Journal

What can the criminal justice system do when "good" science goes bad? This article provides an answer to that question in three parts. First, this article looks at the inability of certain fields of forensic science to produce reliable results. Second, it discusses problems with the current methods of challenging convictions based on unreliable science. Finally, it proposes a new framework to better enable prisoners to seek review of such convictions. What this article does not do is propose ways to prevent wrongful convictions in the future. We recognize that many issues, including the standards governing the admissibility of forensic …

Fingerprint Error Rates And Proficiency Tests: What They Are And Why They Matter, Jonathan J. Koehler

UC Law Journal

The reliability and probative value of a reported fingerprint match at trial is inextricably linked to the rate at which fingerprint examiners make errors. Therefore, it is important that jurors and other legal actors have valid information about the different types of errors, error rates, and scientific tests that can assist with error rate estimates. There is much confusion surrounding these issues and this paper addresses each using a question- and-answer style. Specifically, I describe the different types of errors (e.g., false positives, false negatives, and false alarms) and error rates, explain why they matter, and discuss how we might …

Conceptual Hurdles To The Application Of Atkins V. Virgina, Lois A. Weithorn

UC Law Journal

In its 2002 decision in Atkins v. Virginia, the United States Supreme Court held that the Eighth Amendment's prohibition against cruel and unusual punishment precludes the execution of "mentally retarded offender[s]." Despite the apparent "brightline" clarity of an absolute ban on the execution of mentally retarded offenders, the determination of which offenders fall within the protected group is deceivingly complex. The meanings of the concepts of "mental retardation," "intelligence," and "adaptive behavior" are-like the standards of decency guiding the Court-continually evolving, and are subjects of ongoing reevaluation and debate. Given what is at stake in Atkins assessments, lawmakers, jurists, practitioners, …

Facing Up To Wrongful Convictions: Broadly Defining "New" Evidence At The Actual Innocence Gateway, Jay Nelson

UC Law Journal

The Supreme Court has held that in order to pass through the actual innocence "gateway," capital habeas petitioners must support procedurally barred claims of actual innocence with "new reliable evidence" that was not presented at trial. The Court has not, however, defined what qualifies as "new" evidence. As a result, the circuit courts of appeals are split. Some circuits adopt what this Note refers to as the "newly-presented" evidence rule. These circuits permit habeas courts to evaluate all reliable evidence that was not presented to the finder of fact at trial. Other circuits adopt what this Note calls the "newly-discovered" …

Prosecuting Elder Abuse: Setting The Gold Standard In The Golden State, Arthur Meirson

UC Law Journal

This Note proposes amending California's elder abuse law. Currently, California Penal Code sections 368(b) and (c) allow the prosecution of any person who willfully causes or permits a person they know to be an elder or dependent adult "to suffer, or inflicts thereon unjustifiable physical pain or mental suffering." The failing of this law is its focus on the subjective experience of the elder or dependent adult victim. Because the law only allows punishment where the victim suffers or experiences unjustifiable physical pain or mental suffering, there are numerous circumstances that allow a perpetrator of abuse to escape prosecution. These …

Envisioning Post-Conviction Review For The Twenty-First Century, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.

Addressing The Evidentiary Sources Of Wrongful Convictions: Categorical Exclusion Of Evidence In Capital Statutes, Rory K. Little

Faculty Scholarship

No abstract provided.

Race, Civil Rights, And Hate Speech In The Digital Era, Jessie Daniels

Publications and Research

The emergence of the digital era has had unintended consequences for race, civil rights, and hate speech.This chapter looks at the prevalence of both overtly racist sites, such as Stormfront, and at "cloaked" sites, that purport to advocate civil rights but disguise a racist agenda.

Making The State Do Justice Transnational Prosecutions And International Support For Criminal Investigations In Post Armed Conflict Guatemala, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa

Faculty Scholarship

I intend to play the role of discussant at a session where five papers have been presented and to draw implications from the perspective I presented in Miyazawa (2007a ). I revise my thesis about penal populism in Japan slightly using the concept of "leadership from the front "presented by Johnson .However, I still conclude that penal populism in Japan is not likely to decline in the near future.

Increased Hiv Risk Associated With Criminal Justice Involvement Among Men On Methadone, Matthew Epperson, Nabila El-Bassel, Louisa Gilbert, E. Roberto Orellana, Mingway Chang

School of Social Work Faculty Publications and Presentations

This paper examines the relationship between HIV risk and criminal justice involvement among a random sample of 356 men enrolled in methadone maintenance treatment programs in New York City. Bivariate and logistic regression analyses were performed to estimate the associations between measures of criminal justice involvement and participant HIV risk, controlling for socio-demographic variables. A lifetime history of incarceration was significantly associated with being HIV positive (Adjusted OR = 5.08). Recent arrest was associated with unprotected vaginal sex and having multiple female sexual partners. Sex trading was associated with both arrest and incarceration, and the strongest association was found between …

Social Reconstruction As A Local Process, Naomi Roht-Arriaza, Laura Arriaza

Faculty Scholarship

No abstract provided.

How Law Thinks Of Disobedience Perceiving And Addressing Desertion And Conscientious Objection In Israeli Military Courts, Hadar Aviram

Faculty Scholarship

No abstract provided.

Anecdotal Forensics, Phrenology, And Other Abject Lessons From The History Of Science, David L. Faigman

Faculty Scholarship

No abstract provided.

Does Medellin Matter?, Janet K. Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Transition Experiences Of Selected Emerging Adults With Emotional And Behavioral Difficulties In Higher Education, Kathleen M. Fowler

USF Tampa Graduate Theses and Dissertations

Transitioning into adulthood is an exciting and challenging time for emerging adults, and is even more difficult for young adults with emotional and behavioral difficulties (EBD). Even though the number of transition-aged individuals with EBD is significant, few studies have explored the experiences of this population engaged in educational activities, and there is limited information regarding the personal experiences of emerging adults with EBD. The purpose of the study is to acquire a better understanding of the experiences of young adults diagnosed with an EBD who are working toward their academic goals. Further, this study may give voice to individuals …

Exploration Of The Authentic Apology Theory: An Examination Of The Reasons Why People Reject An Apology, Stephenie Bruce

Theses : Honours

The aim of the present literature review was to explore the reasons why people reject an apology. A search of the literature revealed virtually no research focusing specifically on apology rejection, therefore, it was proposed that this lack of research may be due to the general reluctance of apology recipients to respond with rejection (Bennett & Dewberry, 1994; Bennett & Earwaker, 1994; Risen & Gilovich, 2007). Given the dearth of literature on apology rejection, it was imperative that the review also examined the literature on apology in general, in addition to literature on apology and forgiveness, in order to discover …

The Effects Of An Offender's Ethnicity As Well As The Type Of Crime Committed, On Public Perceptions Regarding Seriousness, And The Sentencing Principles Seen As Most Appropriate, Andrea Kysely

Theses : Honours

Public opinion has been evidenced as exerting significant influence over the development of, and alteration to, policies dealing with offenders (Roberts, 1992). Research suggests that an offender's ethnicity, as well as the seriousness of a crime, have a significant effect on public opinion regarding the appropriateness of an imposed sentence, and the goals of sentencing seen as most important (Herzog & Rattner, 2003). However whilst research in the United States and Europe has continued to expand, there is a significant lack of research directly related to the Australian context. The significant over-representation of Indigenous Australians in Australian prisons, potentially reflects …

Factors That Influence Perception Of Seriousness Of Crime : The Application Of Race, Type Of Offence And Dispositional Empathy To An Australian Context, Giselle Larkins

Theses : Honours

The perception of seriousness of crime may be altered by numerous extra-legal factors within the criminal justice system. It is of significant importance to understand the ways in which various factors contribute to the differential treatment of defendants. Prejudicial attitudes towards Indigenous people pervade all areas of Australian society, including the criminal justice system (Paradies, 2005). For instance, although Indigenous people form approximately 2.4% of the general Australian population, they contribute to 24% of the total prison population (ABS, 2007; Paradies). Despite this, few studies have actively sought to better understand the factors that may contribute to varied perceptions of …