Digital Commons Network^™

Using Dogs For Emotional Support Of Testifying Victims Of Crime, Marianne Dellinger

Animal Law Review

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses.

This article analyzes the legal foundations supporting the use of …

2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis

Animal Law Review

No abstract provided.

Framing Graffiti: Walls As Sites/Sights Of Resistance To The Regulation Of Public Space, Alexa Anderson

Theses & ETDs

In this paper I explore the extent to which contemporary urban graffiti can serve as a form of resistance to an ideology that excludes some people from participation in the public sphere. Using a theoretical framework drawn from Jurgen Habermas, Don Mitchell, and Richard Freeman, I explain how visual interruptions to the normal order of the city may serve to open up public spaces as sites of discourse and dissent. Specifically, I analyze the implications of the larger-than-life characters who play major roles in the New Orleans staging of this conflict: international graffiti artist Banksy, infamous anti-graffiti vigilante the Gray …

Undergraduate Bulletin 2009-2010, John Jay College Of Criminal Justice

College Bulletins

No abstract provided.

Religious Roots Of Punitive Attitudes, Jessica Marie Millares

Criminology & Criminal Justice Theses - Archive

Considerable research has been conducted on the causes of punitive attitudes towards criminal offenders. This study focuses on the possible effects religion may have when influencing opinions on correctional practices. Researchers have primarily focused on Christian fundamentalists and have come to the conclusion that fundamentalist affiliations and belief in biblical literalism has been related to punitive attitudes towards criminals. Religious individuals have been found to support harsher punishments for offenders such as mandatory sentencing and capital punishment.In this study, the relationship between religion and punitive attitudes was examined. It was found that those who believed in the literal interpretation of …

An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman

Richmond Public Interest Law Review

When eyewitnesses identify defendants as perpetrators during criminal trials, juries almost always return a guilty verdict. Unfortunately, researchers consistently find that eyewitness identification is inherently inaccurate and unreliable. The Supreme Court of the United States acknowledged the broad scope of the problem as early as 1967, when it referenced Edwin M. Borchard's famous study of wrongful convictions, stating, "the vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification."' Since Borchard's 1932 study, there has been no remedy for the problem of wrongful conviction based on mistaken identification. In Samuel Gross's study …

Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson

Richmond Public Interest Law Review

This Article explores the current immigration laws causing mixed immigration status families to become separated and analyzes what the role of the United States government should be in solving this crisis. Part II discusses the current crisis occurring when families are separated due to factors such as deportation. Part III analyzes the changes brought by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and how these changes have negatively impacted immigrant families. Part IV examines the increasing number of deportations due to changes in the penalties for crimes committed by immigrants. Part V explores the legal protections …

Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky

Richmond Public Interest Law Review

According to the Virginia Department of State Police, there has been a legislative effort in 2008 and 2009 over the past two years to ensure that essential data from protective orders1 is entered into the Virginia Criminal Information Network ("VCIN") immediately upon the order's issuance. While data entry may seem like a dull topic, the following story highlights the dire significance of this seemingly mundane task.

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Public Interest Law Review

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.

Table Of Contents, Scott St. Amand

Richmond Public Interest Law Review

The Richmond Journal of Law and the Public Interest is pleased to present our annual fall issue. This issue focuses on the widespread implications of criminal law and procedure and the way it is both affected by and affects our society and its mores. The issue is divided into two parts: three articles written by independent authors, and two comments by University of Richmond Students.

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond

Richmond Public Interest Law Review

This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee

Richmond Public Interest Law Review

Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …

"You Think He Got Shot - Did You Maybe Shoot Him By Accident?": Linguistic Manipulation Of The Communicatively Immature During Police Interrogations, Kathryn C. Donoghue

Richmond Public Interest Law Review

It is undeniable that "punishment of the innocent makes a mockery of the law." Police who linguistically coerce false confessions from communicatively immature suspects mock the criminal justice system by evading accountability and convicting the vulnerable. This paper documents how common linguistic strategies directed at certain vulnerable groups have the potential to elicit false confessions. Part II reviews linguistic strategies routinely employed by trained interrogators. Part III then explores how mentally challenged and juvenile suspects, otherwise known as communicatively immature groups, are more susceptible to deceptive linguistic strategies. Part IV discusses how interrogators learn to extract confessions, while Part V …

The Chill Bill: The Hate Crimes Prevention Act Of 2007 And The Forgotten Dangers To The First Amendment, Hank Gates

Richmond Public Interest Law Review

This comment will address whether the Hate Crimes Prevention Act is unconstitutionally overbroad in violation of the First Amendment because it threatens to chill protected speech. Part II will outline the text of the House Bill 1592 as passed by the House of Representatives. Part III will outline the United States Supreme Court's overbreadth doctrine in its current form and the Supreme Court's major decisions on hate crime legislation in the past. Part IV will evaluate the potential dangers that the Act, in its current form, poses to protected speech. Ultimately, this comment concludes that Congress can draft hate crimes …

Inmate Access To Elective Abortion: Social Policy, Medicine And The Law, Angela Thomas

Health Matrix: The Journal of Law-Medicine

No abstract provided.

2009 Lynn University Men's Baseball Media Guide, Lynn University Athletics

Athletics Media Guides

The 2009 Lynn University Baseball Media Guide is a product of the Lynn University Sports Information Office.

An Unnecessary Convenience: The Assertion Of The Uniform Code Of Military Justice ("Ucmj") Over Civilians And The Implications Of International Human Rights Law, Dan E. Stigall

Cardozo Journal of International and Comparative Law

The expansion of the Uniform Code of Military Justice (UCMJ) to include jurisdiction over civilians during contingency operations raises significant legal and human rights concerns, particularly regarding due process and equality under the International Covenant on Civil and Political Rights (ICCPR). While the UCMJ aims to maintain military order, its application to civilians may not meet the ICCPR's requirements for necessity and fairness, potentially undermining the U.S.'s international reputation. However, proponents argue that military jurisdiction can sometimes advance human rights and accountability, suggesting a need for balanced solutions.

Boxing With Shadows: Contentious Politics, Culture Jamming, And Radical Creativity In Tactical Innovation, David Matthew Iles, Iii

LSU Master's Theses

Dominant theories of tactical innovation in contentious politics suggest that actors innovate in times of crisis or at the margins of familiar forms of action in order to achieve strategic advantage. I argue that these theories do not satisfactorily account for the tactical creativity of a form of contention called culture jamming. Instead, I employ a biographical theory of tactical innovation to explain their distinct repertoire of contention. This theory claims that tactics are partially explained as emanations of or congruent with the life experiences, identities, dispositions, and values of actors. Bourdieu’s field theory allows me to identify a social …

Admissions Brochure 2009-2010, William & Mary Law School

Admissions Brochures

No abstract provided.

Asylum In A Different Voice: Judging Immigration Claims And Gender, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

An extensive statistical study of disparities in asylum adjudication throughout the United States reveals gross disparities in rates of asylum grants by region of country, experience of adjudicators, prior employment, and other factors. One of the most robust findings was one of gender disparities in adjudication rates. If the adjudicator of claims for asylum was female there was a 44% greater likelihood that asylum would be granted. This chapter in the book reporting these findings reflects on this significant finding of gender differences in judging and discusses, in light of the author's prior work on gender differences in lawyering, whether …

Estimating Age At Death By Examining The Crystallite Size Of Hydroxylapatite In Human Teeth, Teresa Veronica Wilson

LSU Master's Theses

Estimation of age is an important component of the biological profile that forensic anthropologists construct in order to attain a positive identification of a deceased individual. This research is a proof of concept study for the use of X-ray diffraction (XRD) on a tooth sample to estimate age. Previous research (Meneghini et al. 2003; Hanschin and Stern 1992) has concluded that the crystallite size of bone will increase with increased age. The feasibility of the use of teeth in XRD analysis was first tested using pig teeth (samples P1, P2, and P3). Another set of pig teeth (PC1, PC2, and …

Extra-Curricular Activities On The Field: Subcultural Learning Of In-Game Infractions Among Collegiate Football Players, Jimmy Matthew Hill

All ETDs from UAB

No abstract provided.

Can Our Shameful Prisons Be Reformed?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Some drugs make people feel good. That is why some people use them. Some of these drugs are alleged to have side effects so destructive that many advise against their use. The same may be said about statutes that attempt to prohibit the manufacture, sale, and use of drugs. Advocating drug prohibition makes some people feel good because they think they are “doing something” about what they believe to be a serious social problem. Others who support these laws are not so altruistically motivated. Employees of law enforcement bureaus and academics who receive government grants to study drug use, for …

Standards Required In Maintaining The Chain Of Evidence In The Context Of Post Rape Care Services: Findings Of A Study Conducted In Kenya, Carol Ajema, Emily Rogena, Hadley Muchela, Buluma Bwire, Nduku Kilonzo

Reproductive Health

Sexual violence (SV) is a serious societal problem that creates significant challenges to local communities in their attempt to create an overall plan for meeting the medical, emotional, physical safety, and legal needs of SV survivors. It is important to understand the existing links between the health sector and police as a basis for addressing the complexities surrounding SV. Appropriate management of SV survivors requires a standardized clinical evaluation, an effective interface with law enforcement for the handling of forensic evidence, and coordination of the continuum of care. From the public health perspective, the issues to be addressed revolve around …

Sexual Violence: Setting The Research Agenda For Kenya, Catherine Maternowska, Jill Keesbury, Nduku Kilonzo

Reproductive Health

This research agenda is the result of a stakeholders’ meeting held in Nairobi on June 11–12, 2008, that identified, developed, and prioritized areas for research on sexual violence in Kenya. The meeting was convened by the Population Council, Liverpool VCT, Care & Treatment, and the International Centre of Reproductive Health, Kenya. Kenya’s research agenda is premised on the need to generate the evidence required to impact policy formulation and services strengthening. Knowledge gaps that form the basis of key research areas identified include the need to: 1) Understand the nature, contexts, and prevalence of sexual violence; 2) Document and evaluate …

Multi-Sectoral Approaches To Preventing Sexual Assault And Domestic Violence: A Collective Force To Stop The Violence, Population Council

Reproductive Health

The Multi-Sectoral Approaches to Preventing Sexual Assault and Domestic Violence Symposium took place May 6–7, 2009, in Gauteng, South Africa. The symposium aimed to: increase awareness of sexual assault and domestic violence and its relationship to HIV and AIDS among decision-makers; promote evidence-based programming for practitioners; advocate for increased preventative measures and service delivery around sexual and gender-based violence (SGBV) in the public and private sectors; facilitate networking, strengthen and develop partnerships, and create opportunities for ongoing collaboration between key stakeholders; and inspire a coordinated plan of action for prevention that supports the government’s 365-day plan. South Africa has some …

Annual Report, General Education Committee, 2008-2009, University Of South Florida St. Petersburg. General Education Committee

USF St. Petersburg General Education Committee Reports

The 2008-2009 academic year annual report from the General Education Committee, a committee under the University of South Florida St. Petersburg's Faculty Senate.

The Personal And The Political: Forgiveness And Reconciliation In Restorative Justice, Ari Kohen

Department of Political Science: Faculty Publications

At the center of this paper are three questions: in the absence of a religious worldview, can one gain access to the concepts of forgiveness and reconciliation, can reconciliation be achieved in the absence of forgiveness or does the former depend in some way upon the latter, and can we make sense of a restorative approach to justice in the absence of either forgiveness or reconciliation? To answer these questions, I look closely at the concept of forgiveness in the first section of this article with the goals of disentangling it from its religious undertones and emphasizing its importance to …

Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse

NYLS Law Review

No abstract provided.