Digital Commons Network^™

State Of Utah V. Charles Moa : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision affirming two judgments of conviction in the Third Judicial District, in and} for Salt Lake County, State of Utah. Case no. 031903971 involves a conviction for one count of Discharging a Firearm Toward a Building, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (2003), the Honorable Timothy R. Hanson, presiding. Case no. 071904352 involves convictions for one count each of Discharging a Firearm From a Vehicle, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (Supp. 2007), Failure to Respond to an …

State Of Utah V. Charles Moa : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision affirming two judgments of conviction in the Third Judicial District, in and for Salt Lake County, State of Utah. Case no. 031903971 involves a conviction for one count of Discharging a Firearm Toward a Building, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (2003), the Honorable Timothy R. Hanson, presiding. Case no. 071904352 involves convictions for one count each of Discharging a Firearm From a Vehicle, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (Supp. 2007), Failure to Respond to an …

The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing "First Drafts," Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller

Faculty Publications

No abstract provided.

The State Of Utah V. Victor Hernandez : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Parker Jensen, Barbara Jensen And Daren Jensen V. Kari Cunningham, Richard Anderson, Lars M. Wagner, Karen H. Albritton And Susan Eisenman : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

CaseNo.20090277-SC APPEAL FROM AN ORDER GRANTING SUMMARY JUDGMENT HON. JOSEPH C. FRATTO, JR. THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH SUPPLEMENTAL BRIEFING PER COURT'S ORDER OF MAY 13,2010

Domestic Violence Misdemeanor Prosecutions And The New Policing, Alafair Burke

Hofstra Law Faculty Scholarship

No abstract provided.

Supporting Family Strength: The Use Of Transformative Mediation In A Pins Mediation Clinic, Robert A. Baruch Bush, Lisa Hershman, Robert Thaler, Christena Vitkovich

Hofstra Law Faculty Scholarship

This article describes, and explains the rationales for, the establishment of an innovative program in which a law school and two social services agencies are collaborating in a mediation clinic that uses the transformative model of mediation to serve clients in cases that seem ideally suited to benefit from this approach to practice—so-called “PINS” (persons in need of supervision) cases involving conflict within families, between parents and their adolescent children. The article first describes the evolution of the PINS system and the changing views of its purpose, especially in New York State. It then offers a brief introduction to the …

Revisiting Prosecutorial Disclosure, Alafair Burke

Hofstra Law Faculty Scholarship

After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movement against wrongful convictions has called increased attention to the prosecutorial suppression of material, exculpatory evidence. Commentators frequently study prosecutorial failures to disclose as a form of intentional misconduct, coloring both the description of the problem and the recommended solutions. This Article, in contrast, explores how even ethical prosecutors might fail to disclose exculpatory evidence because of flaws in the Brady doctrine itself - specifically, the Court's limitation of the doctrine to "material" exculpatory evidence. The materiality standard preys upon cognitive biases that distort even …

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

Hofstra Law Faculty Scholarship

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is, except Kentucky. The Supreme Court …

Prosecutorial Discretion And Post-Conviction Evidence Of Innocence, Bruce A. Green, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Traditionally, discussions of prosecutorial discretion focus on charging and plea bargaining decisions. But on occasions when new evidence casts doubt on a convicted defendant’s guilt, questions of prosecutorial discretion take on comparatively greater importance. When there is an inadequate factual basis for criminal charges, a criminal trial will often (though not invariably) act as a corrective. In contrast, the legal process holds out little hope for wrongfully convicted defendants, especially in the absence of help from prosecutors. Commentators have written about psychological reasons why prosecutors might be unduly skeptical of post-conviction challenges, have identified institutional impediments to a fair response, …

Clemency In California Capital Cases, Mary-Beth Moylan, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Graduate Programs Commencement, 10th Class (2009), Philadelphia College Of Osteopathic Medicine

Commencements

This digital project provides access to PCOM Graduate Commencement Programs. Commencement is a collaborative effort by the offices of Academic Affairs, Student Affairs, Enrollment Management, and Registrar, with support from a variety of other college departments.

Tillich And King On Love And Justice And The Significance For Models Of Restorative Justice, Jonathan Rothchild

Theological Studies Faculty Works

No abstract provided.

Bully Prevention In Positive Behavior Support, Scott W. Ross, R. H. Horner

Special Education and Rehabilitation Counseling Faculty Publications

Bullying behaviors are a growing concern in U.S. schools. We present here a behavioral approach to bully prevention utilizing a schoolwide intervention. Bully prevention in positive behavior support (BP-PBS) teaches students to withhold the social rewards hypothesized to maintain bullying. A single-subject multiple baseline design across 6 students and three elementary schools was implemented in an empirical evaluation of the intervention's effectiveness. Results indicated that implementation was functionally related to decreased incidents of bullying for all 6 students observed. In addition, we observed a decrease in the social responses from victims and bystanders. Finally, school staff implemented the program with …

Communicator, Winter 2009, Wnec Alumni Association

Alumni Magazines

No abstract provided.

Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Daytonian 2009, University Of Dayton

University Yearbooks

University of Dayton student yearbook. Early yearbooks cover St. Mary's Institute. Annual publication of the Daytonian began in 1923; it was not published in 1929, 1932-1934 and 1944. Short volumes highlighting the graduating class were published in 1930, 1931 and 1945 under different titles.

Mallory V. United States, Yale Kamisar

Other Publications

354 U.S. 449 (1957), argued 1 Apr. 1957, decided 24 June 1957 by vote of 9 to 0; Frankfurter for the Court. Although the power of the Supreme Court to overturn state convictions is limited to the enforcement of Fourteenth Amendment due process rights, the Court may formulate rules of evidence in the exercise of its “supervisory power” over the administration of federal criminal justice that go well beyond due process requirements. The best-known example is the McNabb-Mallory rule.

Miranda V. Arizona, Yale Kamisar

Other Publications

384 U.S. 436 (1966), argued 28 Feb. 1966, decided 13 June 1966 by vote of 5 to 4; Warren for the Court, Clark, Harlan, White, and Stewart in dissent. The Warren Court's revolution in American criminal procedure reached its high point (or, depending upon one's perspective, its low point) on 13 June 1966. That day the Court handed down its opinion in Miranda, the most famous, and most bitterly criticized, confession case in the nation's history. To some, Miranda symbolized the legal system's determination to treat even the lowliest and most despicable criminal suspect with dignity and respect. But …

Kamisar, Yale, Jerold H. Israel

Other Publications

Kamisar, Yale (1929- ). Law professor. Born in the Bronx, N.Y., to an immigrant, working-class family of modest means and limited educational background, Kamisar received academic scholarships that enabled him to attend New York University (B.A., 1950) and, after enlisting in the army during the Korean War and winning a Purple Heart, Columbia Law School (LLB., 1954).

Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson

Articles

In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …

A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson

Articles

A new era of law enforcement has emerged recognizing the importance of punishing gender-specific violence. This first wave of "gender-sensitive prosecutors" has changed the way crimes against women are handled in the criminal justice system. The enactment of gender neutralizing laws and policies has dramatically improved the enforcement of crimes against women and attempts to end the era of impunity. This Article addresses the changes in prosecutions and further considers international human rights treaties that require gender equality in law enforcement.

In criminal law, it is the willingness of a prosecutor to exercise his or her discretionary authority to file …

State V. Buchhold: The South Dakota Supreme Court Fails To Recognize A De Facto Life Sentence As The Functional Equivalent Of A Life Sentence When Determining Gross Disproportionality, Joseph A. Kippley

South Dakota Law Review

No abstract provided.

Pre-Existing Attitudes About The Legal System: The Thirteenth Juror?, Larissa Angelique Schmersal

Open Access Theses & Dissertations

The idealized role of the jury is that of a neutral decision maker; however, the degree to which individual verdict preferences represent jurors' pre-existing beliefs about the legal system, theories about issues important to the case at hand, and prior understanding of legal terms remains inadequately explained. The purpose of the current study was to examine the direct and indirect effects of pre-existing attitudes about the legal system upon verdict preferences. Participants were 463 undergraduate students from the University of Texas at El Paso. Consistent with the hypotheses, pre-existing attitudes about the legal system played a role in individual verdicts, …

Understanding Deviant Behaviors Through Coercion And Social Support Theory, Maria Nicte-Ha Uribe

Open Access Theses & Dissertations

Mark Colvin, Francis T. Cullen and Thomas Vander Ven (2002) developed an integrated theory of crime called "coercion, social support, and crime" which hypothesizes that coercion and social support are inversely related and that these variables have direct effects on criminal and deviant behavior as well as a combined effect. Specifically if an imbalance between coercion and social support exists, crime is more likely to occur because coercion induces weak social bonds and low self control thereby increasing crime. On the other hand, social support prevents criminal involvement through organized networks of human relations that assist people in meeting their …

Money, Politics, And Impartial Justice, Joanna M. Shepherd

Duke Law Journal

A centuries-old controversy asks whether judicial elections are inconsistent with impartial justice. The debate is especially important because more than 90 percent of the United States' judicial business is handled by state courts, and approximately nine in ten of all state court judges face the voters in some type of election. Using a stunning new data set of virtually all state supreme court decisions from 1995 to 1998, this paper provides empirical evidence that elected state supreme court judges routinely adjust their rulings to attract votes and campaign money. I find that judges who must be reelected by Republican voters, …

Counting Offenses, Jeffrey M. Chemerinsky

Duke Law Journal

Is a criminal defendant who discharges a weapon five times in rapid succession guilty of one crime or several crimes? This question of how to divide charges has vexed legal philosophers and Supreme Court Justices. It is a question of profound importance, but one that legal scholarship has seldom addressed. The answer has an impact on each stage of a criminal justice prosecution. The difference between one charge and multiple charges can affect the likelihood of a plea bargain, the strategy for trial, and, if the defendant is convicted, the length of a prison sentence. This Note, citing numerous examples …

Approaches To Promote Active, Conceptual Learning In A Pedagogically Hybrid Introductory Statistics Course, Brittany L. Allred

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

Statistics education is an active area of research where discovery-based learning is becoming more prominent. This project reviews how the USEI and GAISE recommendations can be implemented in the statistics classroom. Further, the project describes the creation of a library of classroom materials for an introductory statistics course. The results are also discussed from implementing various library materials, along with the student response to hands-on learning techniques.

Northwest Arkansas: Point-In-Time Homeless Census, Kevin M. Fitzpatrick, Brad A. Mystol

Homelessness

The goal of the present study is to provide Washington and Benton County government officials and homeless service providers with reliable empirical information on the current number of homeless, their characteristics, living circumstances, service use/needs and chronic conditions.

A Case Study Describing The Experiences Of The Sexually Abused Children And Non-Offending Parents Who Attended The Multi-Disciplinary Investigation Team After Care Clinic, Danielle Dimauro Williams

Dissertations

Purpose. This study examines the experiences of children and their non-offending parents who attended the Multi-disciplinary Investigation Team‘s (MIT) After Care Clinic. The study seeks to understand the ways in which the care provided at the After Care Clinic helped stabilize the child and the non-offending parent. Additionally, this study explores what strategies were effective in stabilizing the families and resulted in their cooperation with prosecution of the perpetrator.

Method. Seven children and their non-offending parents simultaneously attended 12 weeks of trauma treatment with two trauma therapists. The case studies used for this study were based on clinical …