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White Collar Innocence: Irrelevant In The High Stakes Risk Game, Ellen S. Podgor

Chicago-Kent Law Review

When one thinks of "wrongful convictions and reliability in the criminal justice process" one often thinks of street crime convictions of defendants later proven innocent through DNA or other scientific evidence. But this essay presents a new dimension to this issue—the white collar crime context. Three stories are considered here: Arthur Andersen LLP, Jamie Ois, and Jeffrey Skilling—all of whom proceeded to trial after criminal charges were brought against them. These three are contrasted with KPMG, Gene Foster, and Andrew Fastow, all of whom secured plea agreements or deferred prosecution agreements with reduced sentences and finite results. The concern here …

Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal

Chicago-Kent Law Review

After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. In this article, Professor Rosenthal argues that the case for providing such compensation is deeply problematic, whether advanced in terms of no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable as a means of creating an economic incentive to scale back such liability-producing conduct to optimal levels, this rationale has little application to the criminal justice system. Instead, a regime of strict liability would operate as …

Intentional Wrongful Conviction Of Children, Victor Streib

Chicago-Kent Law Review

Intentional wrongful convictions in cases involving child offenders may occur when judges have insufficient evidence proving any crime by the child but feel a strong need for the courts to intervene in the child's life and behavior. They believe that the negative factors attached to such a status are worth suffering if the child gains entry into a desired state program. This is wrongfully convicting the child "for the child's own good." Juvenile court judges too often receive knowledge of the child's background and previous record prior to any trial or hearing in order to devise the best result for …

Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz

Chicago-Kent Law Review

In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to place. Professor Taslitz …

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan

Chicago-Kent Law Review

The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Role Of Innocence Commissions: Error Discovery, Systemic Reform Or Both?, Kent Roach

Chicago-Kent Law Review

This article examines the role of innocence commissions as emerging criminal justice institutions. It draws a distinction between commissions devoted to the correction of errors in individual cases and commissions which make systemic reform recommendations in an effort to prevent wrongful convictions in future cases. The British and Scottish Criminal Cases Review Commission and the North Carolina Innocence Inquiry Commission are examined as examples of the former type of commission while Canadian public inquiries and commissions in Illinois, California and Virginia are examined as examples of the latter type of commission. Innocence commissions have had difficulties combining error correction and …

The Fourth Amendment, The Exclusionary Rule, And The Roberts Court: Normative And Empirical Dimensions Of The Over-Deterrence Hypothesis, Donald Dripps

Chicago-Kent Law Review

This essay engages in the risky business of predicting future Supreme Court developments. In the first part, I analyze the evidence suggesting that the Roberts Court might abolish the exclusionary rule. The critique of exclusion in Hudson v. Michigan is both less and more probative than appears at first blush. Part II turns to some less obvious evidence pointing in the direction of retaining the exclusionary rule. First, abolition of the exclusionary rule is inconsistent with the Hudson majority's apparent content with prevailing police behavior. Second, abolition of the exclusionary rule would curtail the power of the Supreme Court. Part …

Prism Vol. 1, No. 1, Center For Complex Operations

PRISM (Full PDF Issues)

Welcome to PRISM, a national security journal tailored to serve policymakers, scholars, and practitioners working to enhance U.S. Government competency in complex operations. PRISM explores the analysis, planning, and implementation of community-wide approaches to the three Ds—Defense, Diplomacy, and Development—and provides a forum for U.S. Government agencies, academic institutions, foreign governments, allied militaries, nongovernmental organizations, and other participants in the complex operations arena. PRISM is chartered to study, promote, and reinforce emerging thought and best practices as civilian capacity increases in stability, reconstruction, security, counterinsurgency, and irregular warfare operations. PRISM complements Joint Force Quarterly, chartered by General Colin …

Few And Far Away: Detoxification Services In Rural Areas, Jennifer D. Lenardson Mhs, Melanie M. Race Ms, John A. Gale Ms

Mental Health / Substance Use Disorders

Based on Working Paper #41: Availability, Characteristics, and Role of Detoxification Services in Rural Areas. Findings: Few rural detox providers exist; 82% of rural residents live in a county without a detox provider. More than half of all rural detox providers serve a 100 mile radius. Travel distances are a barrier to outpatient detox models. Referral options to substance abuse treatment are limited, especially in isolated rural areas.

The Daily Gamecock, Tuesday, December 1, 2009, University Of South Carolina, Office Of Student Media

December

No abstract provided.

A Promise The Nation Cannot Keep: What Prevents The Application Of The Thirteenth Amendment In Prison?, Raja Raghunath

William & Mary Bill of Rights Journal

The walls of the prison are not solely physical. The doctrine of judicial deference to prison officials, which compels courts to defer to the discretion of those officials in almost all instances, obstructs the effective scrutiny of modern practices of punishment. Since its ratification, the Thirteenth Amendment—which prohibits slavery or involuntary servitude anywhere within the United States or its jurisdiction, except where imposed “as a punishment for crime whereof the party shall have been duly convicted”1—has been seen by courts as one brick in this wall. This Article makes the novel argument that, properly read, the amendment should function instead …

A Case Study Of Job Access And Reverse Commute Programs In The Chicago, Kansas City, And San Francisco Metropolitan Regions, J.S. Onésimo Sandoval, Eric Petersen, Kim L. Hunt

Journal of Public Transportation

The 1996 federal welfare-to-work legislation generated significant debate regarding what role public transportation should play in facilitating lower welfare rates. Given this debate, transportation has been called the “to” component of welfare-to-work. In this paper, we present findings from three case studies that examine job accessibility and reverse commute transportation programs in the Chicago, Kansas City, and San Francisco metropolitan regions. We explored how institutional and/or grassroots support prevented or fostered the innovation and implementation of non-traditional Access-to-Jobs and Reverse Commute (JARC) programs. Our findings suggest that institutional support and grassroots support are necessary ingredients for the implementation of innovative …

0587 Economic Opportunity Poverty Reduction Task Force, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

Every Georgia attorney and trial court judge ought to set aside the time to read every Georgia appellate court opinion on the subject of evidence (or, for that matter, any other selected subject) rendered during a given period of a year. The feel that one acquires for the attitude of the appellate courts of Georgia is interesting. Most though, will not have the time for such projects, so that to read someone else's selections and comments may be of some benefit. It will not, however, give the "feel" that one acquires through an individual reading of the cases.

This was …

Reliability, Justice And Confessions: The Essential Paradox, Russell L. Weaver

Chicago-Kent Law Review

This paper deals with the issue of "reliability" in the criminal justice process, and the rising number of wrongful convictions that have been identified in recent years. Using modern evidentiary techniques, a rising number of individuals have been found "innocent" of the crimes for which they have been convicted. These instances of wrongful conviction have involved individuals who spent time on death row, awaiting execution, only to be completely exonerated. There are various reasons for these wrongful convictions, including prosecutorial misconduct and systemic failures such as inadequate indigent representation. This paper focuses on another systemic failure: difficulties with the confessions …

Innocence, Evidence, And The Courts, Morgan Cloud

Chicago-Kent Law Review

No abstract provided.

State V. Schultz Appellant's Brief Dckt. 36445

Idaho Supreme Court Records & Briefs, All

No abstract provided.

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

Southern Illinois University Law Journal

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 …

Slavery On Trial: Race, Class, And Criminal Justice In Antebellum Richmond, Virginia, David Silkenat

Civil War Book Review

The Law and Slavery in Richmond

The Differences In Levels Of Job Satisfaction Burnout And Self-Efficacy Between Correctional And Community Psychologists: The Effect Of Personality And Work Environment, Allison M. Herlickson

Theses and Dissertations

The purpose of the current study was to expand on research regarding levels of job satisfaction, burnout, and counselor self-efficacy within the field of psychology and particularly among correctional and community psychologists; explore the differences between correctional and community psychologists specifically in relation to levels job satisfaction, burnout, and self-efficacy; and examine difference and/or similarities in work environments and personality traits of correctional psychologists and community psychologists. The instruments used to measure job satisfaction, burnout, counselor self-efficacy, work environment, and personality were the Minnesota Satisfaction Questionnaire, Maslach Burnout Inventory, Counselor Self-Estimate Inventory, Work Environment Scale-10, and the International Personality Item …

Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence

William & Mary Bill of Rights Journal

No abstract provided.

Coping Methods And Meaning Making Of Liberian Refugees In The Buduburam Refugee Camp Of Ghana, Abena Gyamfuah Sarfo-Mensah

Honors Scholar Theses

The mental health of war-impacted individuals has been an issue of growing concern to many researchers and practitioners internationally (Miller, Kulkarni, & Kushner, 2006). According to the United Nations High Commissioner for Refugees (2006a), Africans are disproportionately impacted by conflict-related displacement. To date, however, much of the research on the mental health of refugees has been based mostly on Western views of health and trauma. The current study is a mixed-methods investigation of stressors, coping strategies, and meaning making of Liberian refugees in the Buduburam Refugee Camp of Ghana. Results from the Brief COPE, focus groups, and semi-structured ethnographic interviews …

Preadmission Academic Achievement Criteria As Predictors Of Nursing Program Completion And Nclex -Rn Success, Tanya L. Rogers

Graduate Theses, Dissertations, and Problem Reports (ETD)

Admission policies and practices in higher education, including those in nursing programs, are diverse; yet administrators have traditionally relied upon preadmission academic achievement for selection of qualified students. Higher education administrators have the responsibility to serve the institution and all of its constituents, ensuring that admission policies and regular systematic evaluation of those policies are important aspects of that service.;The nursing shortage and limited resources have pressed nursing schools to implement innovative strategies to increase the number of qualified graduates. State University's School of Nursing has used a score sheet to rank associate degree nursing applicants since 1984. The preadmission …

Influences On Job Retention Among Homeless Persons With Substance Abuse Or Psychiatric Disabilities, Russell K. Schutt, Norman C. Hursh

The Journal of Sociology & Social Welfare

Job retention is an important psychosocial rehabilitation goal, but one that is not often achieved. We investigate facilitators of and barriers to employment retention among homeless individuals with psychiatric and substance abuse diagnoses who were re-interviewed eight or more years after participating in a traditional vocational rehabilitation program. Most program graduates who maintained employment had secured social support from a variety of sources; personal motivation was also a critical element in job retention and compensated in some cases for an absence of social support. Both the availability of social support contacts and personal motivation influenced likelihood of maintaining sobriety. Physical …

Illuminations, Fall Issue, December 2009, Ucf Libraries

Libraries' Newsletters

No abstract provided.

Review — Tim Wise, Between Barack And A Hard Place: Racism And Denial In The Age Of Obama , Cyprian Davis O.S.B.

Journal of the Black Catholic Theological Symposium

No abstract provided.

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Buffalo Law Review

No abstract provided.

Validating The Attitudes Toward Sex Offenders Scale, Charmeka. Whitehead

Dissertations

This study investigated the reliability and validity of the Attitudes Toward Sex Offenders Scale (ATS) measurement by assessing attitudes of counselors in training towards juvenile sex offenders. The specific aims of this study were to determine (a) internal consistency of the ATS, (b) construct validity of the ATS based on exploratory factor analysis, and (c) the degree to which this instrument has convergent and discriminate validity. The intellectual merit of this study was to provide appropriate scale validation of the ATS so that it might be used to assess attitudes of mental health professionals who work with juvenile sex offenders. …