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2009

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The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman Jan 2009

The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Reducing the incidence of wrongful convictions based on eyewitness mistakes poses a difficult challenge to the criminal justice system. There is near-unanimity among courts and commentators that eyewitness mistakes account for more erroneous convictions than any other type of proof. It is therefore incumbent on every key participant in the criminal justice system - judge, prosecutor, police, and defense counsel - to use every available tool to protect an accused from being mistakenly identified by an eyewitness. For the judge, protecting the accused requires a willingness to give the jury special instructions on eyewitness identification and a willingness to allow …

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A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard Jan 2009

A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman Jan 2009

National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects. The discussion featured comments by five lawyers with significant academic and practical experience in the field: Richard Zabel, a litigation partner at Akin Gump Strauss Hauer & Feld LLP, a former Assistant U.S. Attorney and co-author of In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts; Glenn L. Sulmasy, an Associate Professor of Law at the United States Coast Guard Academy and author of the forthcoming book, The National …

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Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn Jan 2009

Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn

Faculty Scholarship

The article considers how and when, if at all, is it appropriate to use race in presenting forensic DNA evidence in a court of law? This relatively straightforward question has been wholly overlooked by legal scholars. By pursuing it, this article promises to transform fundamentally the presentation forensic DNA evidence. Currently, it is standard practice for prosecutors to use race in presenting the odds that a given defendant's DNA matches DNA found at a crime scene. This article takes an interdisciplinary approach to question the validity of this widespread but largely uninterrogated practice. It examines how race came to enter …

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Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall Jan 2009

Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall

Michigan Journal of International Law

This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …

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State Of Utah V. Roger Howard Steele : Brief Of Appellee, Utah Court Of Appeals Jan 2009

State Of Utah V. Roger Howard Steele : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for wanton destruction of protected wildlife, in the Sixth Judicial District Court of Utah, Kane County, the Honorable Marvin D. Bagley presiding.

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State Of Utah V. Luis Mirio Ceron : Brief Of Appellant, Utah Court Of Appeals Jan 2009

State Of Utah V. Luis Mirio Ceron : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

State's Appeal from the Pretrial Dismissal of Charges for Attempted Murder and Aggravated Kidnapping, First Degree Felonies, i i the Third Judicial District Court of Utah, Salt Lake County, the Honorable Ann Boy den presiding

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State Of Utah V. Gary Whitener Smith : Appellant's Reply Brief, Utah Court Of Appeals Jan 2009

State Of Utah V. Gary Whitener Smith : Appellant's Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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State Of Utah V. Billy Justin Charles : Brief Of Appellant, Utah Court Of Appeals Jan 2009

State Of Utah V. Billy Justin Charles : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ORAL ARGUMENT REQUESTED Mr. Charles currently is incarcerated in connection with this matter.

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State Of Utah V. Anthone Joseph Duran : Reply Brief, Utah Court Of Appeals Jan 2009

State Of Utah V. Anthone Joseph Duran : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction for Burglary, a 1st degree felony, in violation of Utah Code Ann. § 76-6-202 (2009) and Theft, a 3rd degree felony in violation of Utah Code Ann. § 76-6-404, in the Second Judicial District Court, State of Utah, the Honorable Ernie M. Jones, Judge, presiding.

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The State Of Utah V. Abraham Mario Shaffer : Reply Brief, Utah Court Of Appeals Jan 2009

The State Of Utah V. Abraham Mario Shaffer : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant

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State Of Utah V. Shawn Michael Smith : Brief Of Appellee, Utah Court Of Appeals Jan 2009

State Of Utah V. Shawn Michael Smith : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the denial of a motion to withdraw a guilty plea, in the Fifth Judicial District, Iron County, the Honorable Michael Westfall presiding.

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Panetti V. Quarterman: Solving The Competency Dilemma By Broadening The Concept Of Rational Understanding In Competency-To-Be-Executed Determinations, Gary R. Studen Jan 2009

Panetti V. Quarterman: Solving The Competency Dilemma By Broadening The Concept Of Rational Understanding In Competency-To-Be-Executed Determinations, Gary R. Studen

Seton Hall Law Review

No abstract provided.

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Human Trafficking: The Need For Federal Prosecution Of Accused Traffickers, Eileen Overbaugh Jan 2009

Human Trafficking: The Need For Federal Prosecution Of Accused Traffickers, Eileen Overbaugh

Seton Hall Law Review

No abstract provided.

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Predicting The Future: A Bad Reason To Criminalize Drug Use, Douglas Husak Jan 2009

Predicting The Future: A Bad Reason To Criminalize Drug Use, Douglas Husak

Utah Law Review

If there is a good reason to criminalize illicit drug use, we have yet to find it. We need a better reason to criminalize something than conjectures about how its frequency would increase if punishments were not imposed. These predictions are dubious both normatively and (in this case) empirically. Despite my uncertainty about the future, there is one prediction about which we can be absolutely confident: After decriminalization, persons who use illicit drugs will not face arrest and prosecution. The lives of drug users would not be devastated by a state that is committed to waging a war against them. …

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The Nature And Extent Of Middle School Student's Behaviors, Perceptions And Response To Cyber Bullying, Brett Holfeld Jan 2009

The Nature And Extent Of Middle School Student's Behaviors, Perceptions And Response To Cyber Bullying, Brett Holfeld

Theses and Dissertations

No abstract provided.

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Writing Center Annual Report For 2008-2009, John Jay College Writing Center Jan 2009

Writing Center Annual Report For 2008-2009, John Jay College Writing Center

Reports and Publications from John Jay College

A report on the activities of the John Jay College Writing Center

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What We Can Learn About Appeals From Mr. Tillman's Case: More Lessons From Another Dna Exoneration, Giovanna Shay Jan 2009

What We Can Learn About Appeals From Mr. Tillman's Case: More Lessons From Another Dna Exoneration, Giovanna Shay

Faculty Scholarship

In 2006, Mr. James Calvin Tillman became the first person in Connecticut to be exonerated through the use of post-conviction DNA testing. He joined a group of DNA exonerees that currently numbers more than 200 nationwide. In many ways, Mr. Tillman's case is a paradigmatic DNA exoneration-involving a cross-racial mistaken eyewitness identification, issues of race, and faulty forensic testimony. This Article uses the published opinions affirming Mr. Tillman's conviction-particularly his direct appeal to the Connecticut Supreme Court, and his appeal from the state habeas proceeding-to reflect on the meaning of appellate and postconviction proceedings. Does Mr. Tillman's exoneration reveal any …

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2009 Survey Of Books Related To Women And The Law: Review: Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay Jan 2009

2009 Survey Of Books Related To Women And The Law: Review: Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Faculty Scholarship

The Author reviews journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) which presents an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars …

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Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay Jan 2009

Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Faculty Scholarship

Journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) is an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars furthers the goal of …

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The
 Appointment
 Of
 Civil
 Counsel
 For
 The
 Indigent:

 An
 Examination
 Of 
The
 Practice
 Through
 The 
Lenses 
Of
 History,
 Current 
Policy, 
And 
International 
Comparison, Michael Rhea Jan 2009

The
 Appointment
 Of
 Civil
 Counsel
 For
 The
 Indigent:

 An
 Examination
 Of 
The
 Practice
 Through
 The 
Lenses 
Of
 History,
 Current 
Policy, 
And 
International 
Comparison, Michael Rhea

Honors Capstones

No abstract provided.

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Back To Basics: Habeas Corpus Procedures And Long-Term Executive Detention, Marc D. Falkoff Jan 2009

Back To Basics: Habeas Corpus Procedures And Long-Term Executive Detention, Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining whether to allow particular hearsay statements into evidence and should seriously consider the degree to which such statements could be relied upon when assessing the legality of a detention. Although the legal and political issues raised by the habeas corpus authority of federal courts are familiar to most lawyers and legal scholars in the context of federal review of state convictions, in this article I …

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Post-Colonial Pluralism, Human Rights And The Administration Of Criminal Justice In The Federally Administered Tribal Areas Of Pakistan (Fata), François Tanguay-Renaud Jan 2009

Post-Colonial Pluralism, Human Rights And The Administration Of Criminal Justice In The Federally Administered Tribal Areas Of Pakistan (Fata), François Tanguay-Renaud

Articles & Book Chapters

No abstract provided.

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Toward A Criminology Of International Criminal Law: An Integrated Theory Of International Criminal Violations, Dawn L. Rothe, Christopher W. Mullins Jan 2009

Toward A Criminology Of International Criminal Law: An Integrated Theory Of International Criminal Violations, Dawn L. Rothe, Christopher W. Mullins

Articles

Violations of international criminal law (i.e., genocide, crimes against humanity, and war crimes) are a common occurrence around the globe. One need only to read international news, visit intra‐governmental (e.g., United Nations or the International Committee Red Cross), or nongovernmental organizations (e.g., Human Rights Watch or Amnesty International) to be exposed to the vast numbers of crimes of states, paramilitaries, and/or militias. Nonetheless, there has been relatively little attention paid to these types of offenses by criminologists. While there have been developments in creating typologies (Smeulers, 2008) and predictive models for genocide (Harf, 2005), due to the complexities and various …

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2009 Dmacc Annual Report, Dmacc Jan 2009

2009 Dmacc Annual Report, Dmacc

Annual Reports

No abstract provided.

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Catalog 2009-10, Dmacc Jan 2009

Catalog 2009-10, Dmacc

Catalogs

No abstract provided.

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State Of Utah V.Kelly Tyson Davis : Reply Brief, Utah Court Of Appeals Jan 2009

State Of Utah V.Kelly Tyson Davis : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction for Retail Theft With Priors, a 3rd degree felony, in violation of Utah Code Ann. § 76-6-602 (2009), in the Second Judicial District Court, State of Utah, the Honorable Scott M. Hadley, Judge, presiding.

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Is Law? Constitutional Crisis And Existential Anxiety, Alice Ristroph Jan 2009

Is Law? Constitutional Crisis And Existential Anxiety, Alice Ristroph

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

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Annual Security And Fire Safety Report, 2009-2010, University Of South Florida St. Petersburg. University Police Services. Jan 2009

Annual Security And Fire Safety Report, 2009-2010, University Of South Florida St. Petersburg. University Police Services.

Crime Reports, Alerts, and Information

The annual security and fire safety report for the University of South Florida St. Petersburg's campus for 2009-2010. This report satisfied requirements under the Clery Act.

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Systematic Approach To Prostitution Laws: A Literature Review And Further Suggestions, Dana Lynn Radatz Jan 2009

Systematic Approach To Prostitution Laws: A Literature Review And Further Suggestions, Dana Lynn Radatz

Master's Theses and Doctoral Dissertations

No abstract provided.

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