Digital Commons Network^™

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Fordham Urban Law Journal

No abstract provided.

Forensic Science: Why No Research?, Paul C. Giannelli

Fordham Urban Law Journal

The ground-breaking report on forensic science by the National Academy of Sciences—Strengthening Forensic Science in the United States: A Path Forward—raised numerous issues. One dominant theme that runs throughout the Report is the failure of some forensic science disciplines to comport with fundamental scientific principles—in particular, to support claims with empirical research. This essay attempts to answer the “why” question: Why was there a lack of research across so many forensic disciplines? For purposes of discussion, the time frame is divided into an early period and a recent period. The line of demarcation between the two eras is the advent …

The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns

Fordham Urban Law Journal

This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.

Professors With Criminal Records: Criminology & Criminal Justice Students Views On Former Convicts As Professors, John Frana

All-Inclusive List of Electronic Theses and Dissertations

As America's incarceration binge begins its fourth decade, one unintended consequence of this social policy has been a growing number of criminologists/sociologists who have personal experience with incarceration as many former convicts have been pursuingEducation as an avenue for successful re-entry. Some of these ex-convicts have begun to secure PhD's and have been conducting research as well as teaching various university courses in Sociology and/or Criminology and Criminal Justice. Within this thesis the myths maintained by society surrounding crime and prisoners will be discussed. Using survey research, students majoring in Criminology and Criminal Justice ( n = 186) at ISU …

Review Essay: Woman Lawyer: The Trials Of Clara Foltz, By Barbara Babcock, Mary Jane Mossman

Articles & Book Chapters

As Barbara Babcock’s new biography reveals, Foltz had great ambitions: to be “an inspiring movement leader, a successful lawyer and legal reformer, a glamorous and socially prominent woman, an influential public thinker, and a good mother,” perhaps not surprisingly in this context, she suffered not a few setbacks in a life that was often “frantic and scattered.” Yet, as Babcock’s careful scholarship demonstrates, the story of Foltz’s life and contributions as one of America’s first women lawyers offer important insights about the history of gender and professionalism in law. Moreover, Babcock’s biography is particularly important for two reasons. First, it …

Adult Coping With Childhood Sexual Abuse: A Theoretical And Empirical Review, Kate Walsh, Michelle A. Fortier, David Dilillo

Department of Psychology: Faculty Publications

Coping has been suggested as an important element in understanding the long-term functioning of individuals with a history of child sexual abuse (CSA). The present review synthesizes the literature on coping with CSA, first by examining theories of coping with trauma, and, second by examining how these theories have been applied to studies of coping in samples of CSA victims. Thirty-nine studies were reviewed, including eleven descriptive studies of the coping strategies employed by individuals with a history of CSA, eighteen correlational studies of the relationship between coping strategies and long-term functioning of CSA victims, and ten investigations in which …

Are All Perpetrators Alike? Comparing Risk Factors For Sexual Coercion And Aggression, Sarah Degue, David K. Dilillo, Mario J. Scalora

Department of Psychology: Faculty Publications

The present study developed and contrasted predictive models of male nonphysical sexual coercion (e.g., verbal pressure or manipulation) and physical sexual aggression (e.g., incapacitation, physical force, or threats) using a sample of 369 incarcerated males to identify shared and unique risk factors for each form of sexual perpetration. Results revealed a set of shared risk characteristics that predisposed individuals to both sexual coercion and aggression (i.e., belief in rape myths, sexual promiscuity, aggressive tendencies, and empathic deficits). In addition, findings indicated that whether the offenders engaged in only sexual coercion or also used more violent sexually aggressive tactics depended on …

Service For All: Mental Health Services For At-Risk Children, Miquel Lewis, Michael Fletcher, Randell Strickland

Public Interest Law Reporter

No abstract provided.

Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski

Psychology Faculty Scholarship

The American jury system rests on the fundamental assumption that jurors will engage in a thorough analysis of facts and robust debate to ensure that verdicts are reliable. Research demonstrates, however, that this expectation is rarely met. All jurors do not participate equally in deliberations. This may be explained in part by social loafing, or the withdrawal of effort that may occur when an individual works in a group relative to when the individual works alone. Despite evidence that jurors do not participate equally during jury deliberations, an analysis of factors contributing to participation, or the lack thereof, has not …

Understanding Alcohol-Related Sexual Assaults: Characteristics And Consequences, Sarah E. Ullman, Cynthia J. Najdowski

Psychology Faculty Scholarship

Sexual assaults commonly involve alcohol use, but little is known about alcohol’s effects on many aspects of assaults and their aftermath. We investigated characteristics of victims, perpetrators, and assaults as a function of whether alcohol was involved in the assault, as well as differences in women’s post-assault experiences. Assaults prior to which only perpetrators were drinking differed not only from non-alcohol-related assaults, but also from those prior to which both perpetrators and victims were drinking. Understanding the effects of alcohol-related assaults is important for identifying victims who should be targeted for mental health and substance use interventions.

Alcohol-Related Help Seeking In Problem Drinking Women Sexual Assault Survivors, Sarah E. Ullman, Cynthia J. Najdowski

Psychology Faculty Scholarship

Correlates of alcohol-related help seeking were studied in women sexual assault survivors who were current problem drinkers (N = 526) in a large metropolitan area in 2002-2003. Volunteer participants completed several valid and reliable instruments, which assessed alcohol use and misuse and related help seeking (i.e., the TWEAK, GFM, and MAST). Data were analyzed using logistic regression models. Results suggest that correlates of women survivors’ alcohol-related help seeking vary depending on the specific source. Limitations and implications are noted and recommendations for future research are made. This study was funded by the National Institutes on Alcohol Abuse and Alcoholism.

Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen

Psychology Faculty Scholarship

In this chapter, we provide a summary of current registration laws for juvenile sex offenders across the United States and discuss the assumptions that drive these laws. We consider whether these assumptions have been supported or refuted by the research produced on the topic thus far. Then, turning to new data from our own laboratory, we discuss public perceptions of registration laws. This is an important issue because expansion of registry laws to juveniles might be driven by strong public support—or politicians' and policy makers' perceptions that there is public support—for expansion of the registry. As we discuss, research does …

University Of Texas At Tyler Catalog, 2010 - 2012, University Of Texas At Tyler

Catalogs

No abstract provided.

Preface, Diane Geraghty

Public Interest Law Reporter

No abstract provided.

State And Local Human Rights Agencies: Recommendations For Advancing Opportunity And Equality Through An International Human Rights Framework, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

State and local human rights agencies can play a critical role in promoting and protecting human rights close to home. State and local human rights and human relations commissions already operate every day to prevent and eliminate discrimination. These institutions have multiple functions that include enforcing anti-discrimination laws, engaging in community education and training and advocacy. Central to their mission is encouraging and facilitating institutional change to eradicate discrimination and promote equal opportunity. Thus, advancing human rights protections intersects with and, in fact, supports the work of state and local human rights and human relations commissions to encourage and ensure …

“Wife Beating” And “Uninvited Kisses” In The Supreme Court And Society In The Early Twentieth Century, Elizabeth Katz

Studio for Law and Culture

This paper challenges the conventional narrative that domestic violence victims were ignored by both law and society in the early 1900s. It begins by questioning the dominant position a single Supreme Court tort case, Thompson v. Thompson, holds in the domestic violence discourse. Far from being a strong or unified statement in favor of family privacy or against battered women’s legal rights, the case was decided by a four-Justice majority that pointed victims toward two very public alternative remedies: divorces with alimony and criminal prosecutions. The paper then proceeds to evaluate whether these proffered remedies were available and sufficient. …

Redirecting The Teacher's Gaze: Teacher Education, Youth Surveillance And The School-To-Prison Pipeline, John Raible, Jason G. Irizarry

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This article addresses an apparent contradiction in American teacher education that results in conflicting goals for educators. It asks: How do we prepare teachers to interrogate their inherited professional roles in the surveillance and disciplining of youth? How might teacher education inspire pre-service teachers to care more about youth who belong to populations that have been deemed "undesirable" and expendable? We critically examine the role of teacher education in contributing to the criminalization of certain youth in urban communities and the resulting school-to-prison pipeline crisis that leads too many students from the schoolhouse to the jailhouse.

College Catalog, 2010-2012, Graduate, Buffalo State College

Academic Catalogs, 1871-2018

No abstract provided.

Investigation And Prosecution Of Sexual Assault, Domestic Violence, And Stalking, André B. Rosay, Darryl S. Wood, Marny Rivera, Greg Postle, Katherine Tepas

Reports

This project examined sexual assault, domestic violence, and stalking cases reported to the Alaska State Troopers. More specifically, we examined all sexual assault and sexual abuse of minor incidents reported to Alaska State Troopers in 2003 and 2004, all assaults in domestic violence incidents reported to Alaska State Troopers in 2004, and all stalking incidents reported to Alaska State Troopers from 1994 to 2005. In addition, we examined whether cases were referred to the Alaska Department of Law for prosecution, were accepted for prosecution, and resulted in a conviction. This report provides a thorough overview of key characteristics on reports, …

Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna Shepherd

Faculty Articles

The most significant development in criminal sentencing in recent decades has been the shift from indeterminate to determinate sentencing. Yet no study has systematically explored the factors leading to this shift. In this Article, we provide the first analysis to explain why state legislatures enact reforms that significantly reduce both judges’ and parole boards’ discretion over criminal sentencing. First, we develop a political economy model that explains why legislatures acting in their own self-interest may be motivated to enact these laws. Our model predicts that legislatures are more likely to enact determinate sentencing reforms when there is tension among the …

How Not To Lie With Judicial Votes: Misconceptions, Measurement, And Models, Daniel E. Ho, Kevin M. Quinn

Faculty Articles

In Part I, we describe the formal spatial theory often invoked to justify the statistical approach. While spatial theory has the nice feature of synthesizing theory and empirics, legal scholars may remain skeptical of its strong assumptions. Fortunately, measurement models can be illuminating even if the spatial theory is questionable.

To illustrate this, Part II provides a nontechnical overview of the intuition behind measurement models that take merits votes as an input and return a summary score of Justice-specific behavior as an output. Such scores provide clear and intuitive descriptive summaries of differences in judicial voting.

Confusion abounds, however, and …

Springer Archive, Ucf Libraries

Technology Fee Funded Projects

Springer is a major publisher of academic and professional journals, providing content that supports research and study, and articles suitable for course projects. With the purchase of the Online Archive Collection, UCF would gain perpetual rights to all Springer journals and book series from the first volume to 1996. Many of the included journals were started in the 1800’s, so the 961 titles comprise 34,454 individual volumes. Because the Libraries currently provides online access to all Springer journals from 1997 through to the present, this purchase of would enable UCF to access to all online journal content available from Springer. …

A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel

Richmond Journal of Law & Technology

Although not constitutionally required, it has become considerably more commonplace for law enforcement to electronically record a suspect’s custodial interrogation. This includes a complete recording, beginning with the advice of rights and continuing through the end of the interrogation. In fact, society now recognizes it as a useful, if not necessary, tool for law enforcement.

Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio

Richmond Journal of Law & Technology

Sexting is a relatively recent practice engaged in by the young, and sometimes not-so-young, and foolish. “Sexting” is “the practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the Internet.”

Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May

Richmond Journal of Law & Technology

Forensic science is undergoing a period of transformation as legal and scientific forces converge and force older forensic sciences toward a new scientific paradigm. Fire investigative undertakings are not an exception to this trend. Skeptical defense attorneys who routinely formulate astute Daubert challenges to contest the scientific validity and reliability of every major forensic science discipline are one catalyst to this revolution. Furthermore, a steady influx of novel scientific advances makes possible the formulation of consistent and scientifically-based quantitative forensic evidence analyses to overcome the “undervalidated and oversold” problems affecting many areas of forensic science.

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio

Richmond Public Interest Law Review

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …

Notable Bills Of The 2010 Virginia General Assembly

Richmond Public Interest Law Review

Includes House and Senate Bills from the 2010 General Assembly

Essay: Deciphering Risk: Sex Offender Statutes And Moral Panic In A Risk Society, Bela August Walker

University of Baltimore Law Review

No abstract provided.

Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang

Scholarly Articles in Law Reviews & Journals

In the decade since it became a priority on the United States' national agenda, the issue of human trafficking has spawned enduring controversy. New legal definitions of “trafficking” were codified in international and U.S. law in 2000, but what conduct qualifies as “trafficking” remains hotly contested. Despite shared moral outrage over the plight of trafficked persons, debates over whether trafficking encompasses voluntary prostitution continue to rend the anti-trafficking advocacy community - and are as intractable as debates over abortion and other similarly contentious social issues. Attempts to equate trafficking with slavery invite both disdain and favor: they are often rejected …

The Impact Of Web-Scale Discovery On The Use Of A Library Collection, Doug Way

Scholarly Papers and Articles

Grand Valley State University Libraries implemented Serials Solutions' web-scale discovery tool, Summon, during the fall of 2009. This case study explores whether Summon had an impact on the use of the library's resources during its first semester of implementation. An examination of usage statistics showed a dramatic decrease in the use of traditional abstracting and indexing databases and an equally dramatic increase in the use of full-text resources from full-text database and online journal collections. The author concludes that the increase in full-text use is linked to the implementation of a web-scale discovery tool.