Digital Commons Network^™

How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer

Scholarly Articles

This Article describes a method for analyzing the accuracy of eyewitness testimony that will significantly enhance the ability of the criminal justice system to assess eyewitness accuracy. The method consists of the following components: First, ascertain whether law enforcement conducted the eyewitness interviews in a manner that obtained the maximum amount of information from the eyewitness, did not contaminate the eyewitness's memory of the crime, or artificially increase the eyewitness's confidence. Next, determine whether the identification procedures in the case were fair and unbiased. Finally, evaluate what eyewitness factors during the crime are likely to have increased or decreased the …

Trafficking Of Women And The Harmonious Society: The Chinese National Plan Of Action On Combating Trafficking In Women And Children Within The Context Of Chinese Patriarchy And Reform, Sean Michael Barbezat

Human Rights & Human Welfare

The Chinese National Plan of Action on Combating Trafficking in Women and Children, an evolution of prior regional cooperative work in coordination with the United Nations Inter-Agency Project on Trafficking (UNIAP), is a considerable accomplishment. It represents a comprehensive, practical foundation for counter-trafficking work, and addresses the most serious concerns raised by Chinese and international anti-trafficking research over the last dozen years. However, a statement of this magnitude produced by a state not known for its sweeping human rights instruments leads to suspicion.

Political Oppression In Sub-Saharan Africa, Alayna Hamilton

Human Rights & Human Welfare

Relative to social and economic rights, there is little discourse on the issue of political rights in sub-Saharan Africa (SSA). This fact is attributable to the pressing problems of lack of access to food and healthcare that plague millions of people in the region. However, without the observance of political (and civil) rights, economic development, wealth redistribution, and basic social order may be compromised. Contrary to arguments that insist that economic growth and social stability often require the limitation of political rights, political rights are a necessary requisite for promoting civilian support of governmental policies. Without political rights, equitable policies …

Assuring Your Child Receives Support For Positive Behavior In The Classroom, Mark D. Weist

Faculty Publications

No abstract provided.

Review Of Myth Of The Hanging Tree: Stories Of Crime And Punishment In Territorial New Mexico By Robert J. Torrez, Mark A. Allan

Great Plains Quarterly (through 2013)

New Mexico is a state where regions and cultures collide. Partly situated in the western Great Plains, the lynchings and legal executions that have taken place in the former territory and current state illustrate tensions between the cultures residing therein. Robert J. Torrez, former New Mexico State Historian, ably captures the influence of the Anglos' "Judge Lynch" in the region formerly inhabited by Native Americans and later settled first by the Spanish and then the Anglo-Americans.

In the opening third of the book, Torrez provides an overview of hangings and capital punishment in the area. Concentrating on the territorial days, …

Assessing Student Learning In Community College Honors Programs Using The Cccse Course Feedback Form, Laura O. Ross, Marcia A. Roman

Journal of the National Collegiate Honors Council Online Archive

Academically talented students with impressive placement scores are enrolling at community colleges in increasing numbers. The economy has certainly played a role in this migration to two-year institutions, where students can commute from home and pay lower tuition rates, but other factors have also contributed to the change. Community colleges have expanded their mission to meet the academic needs of this population (Marklei; Boulard), and articulation agreements between community colleges and universities have improved over the years (Kane).

About The Authors, Volume 27 (2009)

To Improve the Academy: A Journal of Educational Development

About the editors and authors of volume 27 (2009) of To Improve the Academy: A Journal of Educational Development.

Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff

All Faculty Scholarship

The article will begin its discussion by identifying the values at stake in the field of oncofertility. These values include the constitutional protection of the rights of women and minors to bear children and to use reproduction-assisting technologies, as well as the feminist critique of gendered expectations that may pressure women to use these technologies.

Part III will focus on the medical options of oncofertility. It will also discuss some conditions that may lead otherwise fertile and young patients to lose their ability to bear children as a side-effect of necessary medical treatment. The article will then proceed to discuss …

A Response To The Critics Of Corporate Criminal Liability, Sara Sun Beale

Faculty Scholarship

This essay responds to critics of corporate liability and to the claim that elimination or limitation of such liability should be a priority for law reform. It discusses four points. First, imposing criminal liability on corporations makes sense, because corporations are not mere “fictional” entities. Rather, corporations are very real – and enormously powerful – actors whose conduct often causes very significant harms both to individuals and to society as a whole. Second, in evaluating the priorities for law reform it is critical to recognize that most of the problems with corporate liability are endemic to U.S. criminal law, rather …

Criminal Lying, Prosecutorial Power, And Social Meaning, Lisa Kern Griffin

Faculty Scholarship

This article concerns the prosecution of defensive dishonesty in the course of federal investigations. It sketches a conceptual framework for violations of 18 U.S.C. § 1001 and related false-statement charges, distinguishes between harmful deception and the typical investigative interaction, and describes the range of lies that fall within the wide margins of the offense. It then places these cases in a socio-legal context, suggesting that some false-statement charges function as penalties for defendants’ refusal to expedite investigations into their own wrongdoing. In those instances, the government positions itself as the victim of the lying offense and reasserts its authority through …

Convocation Video (2009), California State University, San Bernardino

CSUSB Sound and video recordings

No abstract provided.

Understanding And Diagnosing Court Culture, Brian J. Ostrom, Roger A. Hanson

Court Review: Journal of the American Judges Association

An important management truth is that there is more than one way to get things done and done well in the workplace. There is rarely a single, best way for either a private company or a public institution to organize itself to achieve high-quality outcomes for its customers. Formulating an effective strategy for a particular workplace requires a good understanding not only of the formal structure and lines of authority, but also of the unwritten rules, unofficial networks, and underlying behavioral norms that shape how work gets done. As a result, knowledge of an organization’s culture is a crucial factor …

Court Review, Volume 45, Issue 4 (Complete)

Court Review: Journal of the American Judges Association

Articles

104 Understanding and Diagnosing Court Culture (Brian J. Ostrom & Roger A. Hanson)

112 Does a Judge’s Religion Influence Decision Making? (Brian H. Bornstein & Monica K. Miller)

116 Problem Solving and Prevention by General-Jurisdiction Judges (Thomas D. Barton)

124 Only the Really Hard Part of eCourt Is Really Worth Doing (Michael H. Marcus)

Departments

102 Editor’s Note

103 President’s Column

132 The Resource Page

Resource Page

Court Review: Journal of the American Judges Association

Resource Page: Focus on Indian Law

This Resource Page separately identifies some resources that we have surveyed that appear useful. Judges wanting a comprehensive overview of potential sources about Indian law should review the Carter article in addition to this Resource Page.

The Resource Page

Thirty years ago, published research concluded that an expert’s chance of predicting recidivism was no more accurate than flipping a coin would be, and there was little in the way of valuable research on risk factors generally for criminal behavior or effective means of rehabilitation. Much has changed, and the Chapman Journal of Criminal Justice …

Only The Really Hard Part Of Ecourt Is Really Worth Doing, Michael H. Marcus

Court Review: Journal of the American Judges Association

Some 20 years ago, I released a defendant facing a minor charge pending his trial, who promptly beat up proprietors in a new attempted robbery. I had no access to information about the defendant’s criminal history. Even today, my mistakes that are based on inadequate information can allow tremendous harm to victims, communities, families, and children. I profoundly hope that I’m sending the right people to prison, to probation under proper conditions, and to the right providers.

It is, of course, terrible when someone we release promptly causes great harm. It is understandable that observers blame the judge for that …

Selected Criminal Law Cases In The United States Supreme Court In The 2008-2009 Term, And A Look Ahead, Charles D. Weisselberg

Court Review: Journal of the American Judges Association

The U.S. Supreme Court’s October 2008 Term gave us a number of very important criminal law and procedure cases. The Court overruled long-standing precedents on automobile searches and post-arraignment interrogation. The justices also addressed whether the use of a forensic chemist’s report violates the Confrontation Clause. These three decisions affect routine police and courtroom practices; undoubtedly, there will be periods of adjustment for judges, lawyers, and police. The Term was also marked by other Fourth Amendment holdings, including one that either transforms the exclusionary rule or merely draws it closer to the rule’s underlying purpose, depending on one’s point of …

Does A Judge’S Religion Influence Decision Making?, Brian H. Bornstein, Monica K. Miller

Court Review: Journal of the American Judges Association

Like many other Americans, judges can have deep-seated religious convictions. Although their religious beliefs certainly do not interfere with their job performance most of the time, judges’ religion can occasionally become problematic. Witness, for example, the case of Alabama Supreme Court Chief Justice Roy Moore, who was removed from office in 2003 after he placed a 5,300-pound monument of the Ten Commandments in the rotunda of the state judicial building and refused to remove it despite being ordered to do so. He installed the monument “in order to remind all Alabama citizens of, among other things, his belief in the …

Court Review, Volume 45, Issue 3 (Complete)

Court Review: Journal of the American Judges Association

Table of Contents

Book Review

60 Lyric Law: Literature Lives in the Legal Realm (Rachel Beth Cunning)

Articles/Essays

62 Selected Criminal Law Cases in the United States Supreme Court in the 2008-2009 Term, and a Look Ahead (Charles D. Weisselberg)

76 Judges’ Perspectives on Stress and Safety in the Courtroom: An Exploratory Study (David M. Flores, Monica K. Miller, Jared Chamberlain, James T. Richardson, & Brian H. Bornstein)

90 Apologies and Settlement (Jennifer K. Robbennolt)

Departments

58 Editor’s Note

59 President’s Column

100 The Resource Page

Wanting The Truth: Comparing Prosecutions Of Investigative And Institutional Deception, Lisa Kern Griffin

Faculty Scholarship

Defensive dishonesty in criminal investigations has increasingly been prosecuted without standards for identifying harmful deception or other meaningful checks on prosecutorial discretion. Although they are often grouped together statistically and evaluated as comparable crimes, there is a clear distinction between investigative lies and in-court perjury. The differences between the offenses—including the standards for prosecution, the perceived victim, and the purposes of bringing charges—suggest reasons to reconsider the current approach to investigative lies such as false statements. More truth is produced, and arguably more cooperation results, when the government focuses on the quality of the information flow. The structural protections in …

Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Faculty Scholarship

This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for example, to impose greater harm on those who commit less serious crimes or to impose harm that rises to the level of cruelty. Our penal system fits punishments to crimes primarily by adjusting the size of monetary fines and the length of prison …

Learning Activity Answers, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Appendix B of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Principles In Practice: The Advocacy And Empowerment Project, Nancy M. Fitzsimons, Willi Horner-Johnson, Charles E. Drum

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Chapter 8 of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Understanding The System, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Chapter 6 of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Personal Barriers To Preventing Violence And Abuse, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Chapter 5 of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Systemic Barriers To Preventing Violence And Abuse, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Chapter 4 of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Guiding Principles For Combating Violence And Abuse, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Chapter 1 of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Bridgewater Magazine, Volume 19, Number 2, Summer 2009, Bridgewater State College

Bridgewater Magazine

Contents include BSC Aviation Program opens, future chemists go green, a circle of giving, forging partnerships, rallying against the recession, diversity matters, Middle East connections, and internship offers a capitol opportunity. Also Bridgewater and Alumni News.

Index, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of the Index for the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Glossary Of Terms, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of the Glossary of Terms for the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.

Front Matter Of Combating Violence & Abuse Of People With Disabilities: A Call To Action, Nancy M. Fitzsimons, Dick Sobsey

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of the Front Matter (Contents, About the Author, Contributors, Forward by Dick Sobsey, Preface, and Acknowledgments) of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.